Ordinance #2026-02: First Reading

On display until March 04, 2026, 11:59 PM

Pursuant to the Weld County Home Rule Charter, Ordinance Number 2026-02 published below, was introduced and, on motion duly made and seconded, approved upon first reading on February 18, 2026. 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 March 4, 2026. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard.

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 Clerk to the Board's Office at (970) 400-4225 prior to the day of the 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 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County website (www.weld.gov). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov.

Ordinance No. 2026-02

Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning, Chapter 24 Subdivisions, and Chapter 27 Planned Unit Developments of the Weld County Code

Date of Next Reading: March 4, 2026, at 9:00 a.m.

Board of County Commissioners

Weld County, Colorado

Dated: February 18, 2026

Published: February 22, 2026, in the Greeley Tribune

Ordinance Language:

Weld County Code Ordinance 2026-02

In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning, Chapter 24 Subdivisions, and Chapter 27 Planned Unit Developments 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 Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and

Whereas, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and

Whereas, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein.

Now, therefore, be it ordained by the Board of County Commissioners of the County of 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

Article II - Procedures and Permits

Division 1 - Amendments to Zoning Map

Amend Section 23-2-10. Amendment procedures.

A. An electronic version of the Official Weld County Zoning Map, which includes all of the rezoning approvals made by the Board of County Commissioners, shall be maintained. The map shall be available for public inspection with the Department of Planning Services and online. The Board of County Commissioners may amend the Official Zoning Map of Weld County. All requests for such changes of zone must be reviewed by the Planning Commission, whose recommendation shall be sent to and considered by the Board of County Commissioners. Such amendments shall be made in compliance with state statutes and with County procedures and regulations as established herein.

Remainder of Section – No change.

Amend Sec. 23-2-20. Procedure.

The process for a Change of Zone shall follow Section 23-2-600 of this chapter.

Division 3 - Site Plan Review

Amend Sec. 23-2-150. Intent and applicability.

A. – No change.

B. An approved Site Plan Review is required for certain USES as described in Article III of this Chapter, and certain Planned Unit Developments (PUDs).

C. through E. – No change.

F. The Board of County Commissioners delegates the authority and responsibility for processing, approving and enforcing Site Plan Reviews to the Department of Planning Services. The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action.

G. through K. – No change.

L. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements as shown in the application, plans and other supporting documents. The Agreement shall be made in conformance with Chapter 8, Article II, of this Code. The Agreement shall be approved by the Board prior to recording the Site Plan Review map, if applicable.

Remainder of Section – No change.

Amend Sec. 23-2-175. Procedure.

A. The process for a Site Plan Review shall follow Section 23-2-600 of this chapter. No public hearings are conducted for a Site Plan Review.

B. Upon approval of the draft Site Plan Review map, the applicant shall submit a Site Plan Review map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. The size of each sheet shall be twenty-four (24) inches in height by thirty-six (36) inches in width. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the administrative review was signed. The Director of Planning Services may grant an extension, for good cause shown, upon a written request by the applicant. If no written request is submitted, if the Director of Planning Services denies the extension, or if the conditions are not met and the map recorded by the date specified by the Director of Planning Services, the Site Plan Review conditional approval may be rescinded, and the application denied.

Division 4 - Uses by Special Review

Amend Sec. 23-2-200. Intent and applicability.

A. through E. – No change.

F. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements, as shown in the application, plans and other supporting documents. The agreement shall be made in conformance with Chapter 8, Article II, of this Code. The agreement shall be approved by the Board prior to recording the map, if applicable. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit.

Remainder of Section – No change.

Amend Sec. 23-2-210. Procedure.

The process for a Use by Special Review shall follow Section 23-2-600 of this chapter.

Division 7 - Procedure.

Add Section 23-2-600. - Procedure.

The process in this section shall be applicable only for those land use case types that refer to this section. The Department of Planning Services shall be responsible for processing all applications for all land use case types that refer to this section.

A. Any person seeking to apply for land use development shall first arrange for a preapplication conference with the Department of Planning Services. If the land use development application is not submitted within one (1) year of the date of the preapplication conference, a new preapplication conference may be required.

B. The applicant may conduct a neighborhood meeting with area landowners. Such meeting is not required but may be suggested by Planning Services staff to encourage communication between the applicant and the neighbors.

C. Following submittal of the land use development application, the Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the application submittal and the deadline to provide the missing items. If no written response is submitted to the Department of Planning Services or if the deficiencies are not corrected by the date specified by the Department of Planning Services, the application may be rejected. The nonrefundable application fee set forth in Appendix 5-J of this Code is due upon determination that the application is otherwise complete.

D. After staff has determined that the application is complete and the payment of the application fee has been accepted, the process in this subsection shall be followed.

1. Referrals. The Department of Planning Services shall refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond may be deemed to be a favorable response. The reviews and comments solicited by the County are intended to provide the County with comments regarding any concerns the agency may have. The County shall 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 rests with the County.

2. Preliminary notice to surrounding property owners. This step shall not apply to Site Plan Reviews. At the time referrals are sent, the Department of Planning Services shall mail notice of the application to those persons listed in the submittal as owners of property located within five hundred (500) feet of the parcel(s) under consideration. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices, shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification.

3. Initial Review.

a. The Department of Planning Services shall provide the applicant with a written memo detailing any required corrections or other changes to be made. Additional information may be required.

b. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements.

4. Resubmittal. The applicant shall address the requirements of the staff memo in a single, complete resubmittal. If the applicant fails to submit requested additional or revised application materials within one hundred eighty (180) days of the date the staff memo was provided, the application will be subject to any applicable amendments to the Weld County Code in effect as of the date of resubmittal, additional review may be required, and/or the Director may declare the application withdrawn.

5. Technical Review.

a. The Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the resubmittal.

b. The Department of Planning Services shall perform a Technical Review of the resubmittal.

c. If staff determines any of the required corrections listed in the Initial Review memo have not been sufficiently addressed, staff will provide the applicant with a Technical Review memo describing the deficiencies.

d. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements.

e. If the requirements have not been sufficiently addressed after several rounds of review, a meeting with the applicant and management team, including, but not limited to, the Director of Planning Services, shall be scheduled. If public hearings are required and the requirements have not been sufficiently addressed after a meeting with the applicant and management team has taken place, the recommendation of staff will be for denial.

6. If the case type requires public hearings before the Planning Commission and/or Board of County Commissioners, the Department of Planning Services shall schedule such hearing(s) and provide notice as follows:

a. At least ten (10) days prior to any hearing, notice shall be mailed to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel(s) under consideration.

b. Referral agencies that responded to the earlier request for comments may also be notified of the hearing dates.

c. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, time, and place, and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph and affidavit.

d. Legal notice of hearings shall be published once in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to any hearing.

e. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices, shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification.

E. The applicant may withdraw the application at any point in the process. Withdrawal letters shall be submitted, in writing, to the Department of Planning Services and shall be signed by the property owners.

Article IV - Supplementary District Regulations and Zoning Permits

Division 17 - Zoning Permits for Certain Uses in the Agricultural Zone District

Amend Sec. 23-4-1200. Uses requiring zoning permits in the agricultural zone district.

A. – No change.

B. If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction. All Zoning Permit Plans shall be digitized with electronic signatures and seals or shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services with original signatures and seals in permanent black ink. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning Services. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit conditional approval may be rescinded, and the application denied.

Delete C. and reletter remaining sections.

Amend Sec. 23-4-1230. Procedure.

A. The process for a Zoning Permit for Certain Uses in the Agricultural Zone District (ZPAG) shall follow Section 23-2-600 of this chapter. No public hearings are conducted for a ZPAG, except as described in Subsection 23-4-1230.B below.

B. If the requirements have not been sufficiently addressed after a meeting with the applicant and management team, the Department of Planning Services shall schedule a public hearing before the Board of County Commissioners for its review and decision following a public hearing.

1. If scheduled for a public hearing before the Board of County Commissioners, the Clerk to the Board shall send notice, mailed first-class, to the applicant and owners of property within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing.

2. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph and affidavit.

3. The Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing.

4. The Board of County Commissioners shall consider the application and take final action thereon. The Board shall consider the recommendation of the Department of Planning Services, referral agency responses, the application case file, and facts presented at the public hearing. The Board shall approve the application unless it finds that the applicant has not met one (1) or more applicable requirements of this Code.

5. Following the public hearing, the Board of County Commissioners shall adopt a resolution affirming its decision as to whether to approve or deny the application. The decision of the Board shall be final.

6. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices, shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification.

Chapter 24 Subdivisions

Article V - Minor Subdivision

Amend Section 24-5-30. Sketch plan submittal requirements.

The following Sketch Plan application items are required:

A. Application Form.

B. Authorization Form, if applicable.

C. Minor Subdivision Standards Certification that the application complies with the criteria per Section 24-5-20 of this chapter.

D. Deed identifying the surface estate ownership in the property and relevant lease documents.

E. Articles of Organization or Incorporation documents if the owner is a business entity. Include Statement/Delegation of Authority documentation.

F. Trustee documents if the owner is a trust.

G. A Geotechnical Report shall be prepared in compliance with the requirements of Section 24-3-190 of this chapter. The Geotechnical Report, Colorado Geological Survey Submittal Form, and associated review fee will be forwarded to the Colorado Geological Survey (CGS) for review.

H. Planning Questionnaire, including, but not limited to:

1. Explain the reason for the Minor Subdivision request.

2. Explain the reason for the proposed division layout.

3. Describe the existing and proposed uses of the property.

4. Describe the existing and proposed potable water source.

5. Describe the existing and proposed sewage disposal system.

6. Describe existing and proposed improvements.

7. Describe any existing and proposed easements and rights-of-way.

8. Describe the existing and proposed access to the site.

9. Describe the current irrigation practices occurring on the site.

10. Describe the unique physical characteristics of the property, including, but not limited to, topography, water bodies, CRP lands, vegetation, floodplains, geohazard areas, MS4, and airport overlay district.

11. Detail the location of any on-site oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroads, etc. Provide the names and addresses of any owner or operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroads, etc.

I. Water Supply Documentation. A will-serve letter from a water district, association, or municipality that demonstrates the district, association, or municipality has sufficient capacity and infrastructure to serve the proposed development. Provide evidence of existing potable water source (water bill or well permit) on the property, if applicable.

J. Sewage Disposal Documentation providing evidence (sanitation district bill or septic permit) of the existing sewage disposal source on the property, if applicable.

K. A Septic Suitability Report shall be prepared in compliance with the requirements of Section 24-3-90 of this chapter.

L. The Minor Subdivision Sketch Plan map shall include the following information:

1. Title, scale, north arrow, township, range, section, quarter section, and lot numbers.

2. The layout of lots, roads, accesses, and utility easements. Show the width and type of surface of all roads proposed within the Minor Subdivision.

3. Any special flood hazard area, MS4 area, geologic hazard overlay district, or airport overlay district identified in the Weld County Code.

4. Existing structures, utility lines, irrigation ditches, streams, lakes, drainageways, cropland, oil and gas production facilities, plugged and abandoned oil and gas wells, railroads, and any other structure or feature located within the proposed Minor Subdivision.

M. A title commitment, including Schedules A, B-1 and B-2, issued by a title insurance company. The title commitment shall expire thirty (30) days from preparation.

N. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for subject property. The Statement shall be from the current tax year.

O. A Cultural Resource Inventory.

P. A Drainage Narrative shall be submitted in accordance with Section 24-3-200.A of this chapter.

Q. A Traffic Narrative shall be submitted in accordance with Section 24-3-220.B of this chapter.

R. Any other item(s) deemed necessary by the Departments of Planning Services, Public Works, or Environmental Health Services.

S. Application fee.

Amend Sec. 24-5-40. Sketch plan procedure.

The process for a Minor Subdivision Sketch Plan shall follow Section 24-13-10 of this chapter. No public hearings are conducted for a Minor Subdivision Sketch Plan and no plan or resolution is recorded as part of the procedure.

Amend Sec. 24-5-50. Change of zone.

A. A Change of Zone, if required, shall be processed after the Sketch Plan and in accordance with Chapter 23, Article II, Division 1, of this Code. In the event a Change of Zone application, if required, has not been submitted within one (1) year of the date of the Sketch Plan memorandum, a new Sketch Plan application may be required prior to acceptance of a Change of Zone application.

B. A Minor Subdivision Change of Zone application may be applied for and processed prior to or concurrently with the Minor Subdivision Final Plan (MINF) application.

C. If a Change of Zone is a component of the development, the Minor Subdivision Final Plat shall not be recorded until the Change of Zone plat is recorded. If the Change of Zone is denied, the applicant may not proceed with the Final Plan application.

D. A Change of Zone plat shall show the boundary(ies) of the parcel(s) to be changed. No proposed internal lot lines of the Minor Subdivision shall be shown.

E. If the land division requires public water, prior to submitting an application the applicant shall provide a contractual guarantee from the public water provider. The agreement shall demonstrate that the water quality and quantity are sufficient to meet the requirements of the uses within the Minor Subdivision. Documentation shall address the primary conditions of service including payment of tap fees, extension of pipelines and other water service facilities, dedication of water rights, et cetera, per the requirements detailed in C.R.S §29-20-304. The agreement and supplemental documentation shall be reviewed and determined sufficient by the Weld County Attorney’s Office prior to acceptance of the application.

F. If the land division requires public sewer, prior to submitting an application the applicant shall provide a contractual guarantee from the public sewer provider. The agreement and supplemental documentation shall be reviewed and accepted by the Weld County Attorney’s Office prior to acceptance of the application.

G. In addition to the submittal requirements listed in Section 23-2-50, a Minor Subdivision Change of Zone application shall include the following items:

1. Written correspondence between the applicant and referral agencies addressing the comments and concerns detailed in the Sketch Plan staff memo.

2. A statement that addresses any potential non-compliance with the Weld County Code as identified in the Sketch Plan staff memo with an explanation of how the issues will be addressed or resolved. Major changes from a reviewed Sketch Plan may require submittal of a new Sketch Plan application for the site. The Department of Planning Services is responsible for determining whether a major change exists.

3. Written correspondence between the applicant and representatives of the area utility service providers demonstrating that there are adequate utility provisions available to serve the development.

4. A Surface Use Agreement with mineral owners associated with the subject property, if applicable. Such agreement shall stipulate that the oil and gas activities and hard rock minerals on the subject property have been adequately incorporated into the design of the site. Alternatively, the applicant shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property.

Amend Sec. 24-5-60. Final plan submittal requirements.

The following Final Plan application items are required:

A. Application Form.

B. Authorization Form, if applicable.

C. Deed identifying the surface estate ownership in the property and relevant lease documents.

D. Articles of Organization or Incorporation documents if the owner is a business entity, including Statement/Delegation of Authority documentation.

E. Trustee documents if the owner is a trust.

F. Planning Questionnaire, including, but not limited to:

1. Explain the reason for the Minor Subdivision request.

2. Explain the reason for the proposed division layout.

3. Describe the existing and proposed uses of the property.

4. Describe the existing and proposed potable water source.

5. Describe the existing and proposed sewage disposal system.

6. Describe existing and proposed improvements.

7. Describe any existing and proposed easements and rights-of-way.

8. Describe the existing and proposed access to the site.

9. Describe the current irrigation practices occurring on the site.

10. Describe the unique physical characteristics of the property, including, but not limited to, topography, water bodies, CRP lands, floodplains, geohazard areas, MS4, and airport overlay district.

G. Copies of any agreements or easements regarding irrigation ditches, pipelines, overhead lines, or railroad crossings, if applicable.

H. A draft final plat prepared according to the requirements of Section 24-5-80 of this chapter in electronic PDF format.

I. A signed buffer report and affidavit of the names, addresses, and parcel numbers of the surrounding property owners within five hundred (500) feet of the property. The buffer report shall expire thirty (30) days from preparation.

J. A title commitment, including Schedules A, B-1 and B-2, issued by a title insurance company. The title commitment shall expire thirty (30) days from preparation.

K. Copies of any covenants, grants of easement, or restrictions imposed on the land and/or structures within the Minor Subdivision.

L. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the subject property. The Statement shall be from the current tax year.

M. If a community meeting is held, a sign-in sheet, minutes, and summary.

N. A Final Drainage Report per Section 24-3-200.C of this chapter, if required.

O. A Traffic Impact Study per Section 24-3-220.C, of this chapter, if required.

P. Written correspondence between the applicant and referral agencies addressing the comments and concerns detailed in the staff memos for the Sketch Plan and Change of Zone.

Q. A statement that addresses any potential non-compliance with the Weld County Code, as identified in the Sketch Plan staff memo with an explanation of how the issues will be addressed or resolved. Major changes from a reviewed Sketch Plan may require submittal of a new Sketch Plan application. The Department of Planning Services is responsible for determining whether a major change exists. If more than one (1) year has elapsed since the signed Sketch Plan staff memo, submittal of a new Sketch Plan application may be required prior to submittal of the Final Plan application.

R. Written correspondence between the applicant and representatives of the area utility service providers demonstrating that there are adequate utility provisions available to serve the development.

S. A Surface Use Agreement with mineral owners associated with the subject property, if applicable. Such agreement shall stipulate that the oil and gas activities and hard rock minerals on the subject property have been adequately incorporated into the design of the site. Alternatively, the applicant shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property.

T. Any other item(s) deemed necessary by the Departments of Planning Services, Public Works, or Public Health and Environment, Environmental Health Services Division.

U. Application fee.

Amend Sec. 24-5-70. Final plan procedure.

A. Prior to submitting an application, the applicant shall provide a contractual guarantee from the public water provider. The agreement shall demonstrate that the water quality and quantity are sufficient to meet the requirements of the uses within the Minor Subdivision. Documentation shall address the primary conditions of service including payment of tap fees, extension of pipelines and other water service facilities, dedication of water rights, et cetera, per the requirements detailed in C.R.S § 29-20-304. The agreement and supplemental documentation shall be reviewed and determined sufficient by the Weld County Attorney’s Office prior to acceptance of the application.

B. If the land division requires public sewer, prior to submitting an application, the applicant shall provide a contractual guarantee from the public sewer provider. The agreement and supplemental documentation shall be reviewed and accepted by the Weld County Attorney’s Office prior to acceptance of the application.

C. The process for a Minor Subdivision Final Plan shall follow Section 24-13-10 of this chapter. Public hearings before the Planning Commission and Board of County Commissioners are required.

D. At its public hearing, the Planning Commission shall consider the Final Plan application and provide a recommendation to the Board of County Commissioners. The Planning Commission shall consider the recommendation of the Department of Planning Services, referral agency responses, the application case file, and facts presented at the public hearing. The Planning Commission shall recommend approval of the application unless it finds that the applicant has not met one (1) or more applicable requirements of this Code. The Department of Planning Services shall forward the Planning Commission recommendation to the Clerk to the Board within ten (10) days of the Planning Commission hearing.

E. At its public hearing, the Board of County Commissioners shall consider the Final Plan application and take final action thereon. The Board of County Commissioners shall consider the recommendations of the Planning Commission and the Department of Planning Services, referral agency responses, the application case file, and facts presented at the public hearing. The Board of County Commissioners shall approve the application unless it finds that the applicant has not met one (1) or more applicable requirements of this Code. Record of the Board of County Commissioner determination and signed resolution shall be kept in the files of the Clerk to the Board.

F. If approved, and upon completion of the conditions of approval and recording of the Improvements Agreement per Section 24-2-40 of this chapter, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services. The Final Plan is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder.

G. No development, including, but not limited to, grading, shall commence prior to recording of the Improvements Agreement and Final Plat.

Amend Sec. 24-5-80. Final plat requirements.

The Minor Subdivision Final Plat shall meet the following requirements:

A. The plat shall be prepared by a registered professional land surveyor in the State of Colorado.

B. The final plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width, unless otherwise approved by the Department of Planning Services. The draft plat shall be submitted electronically in PDF format.

C. The plat shall contain a north arrow and a scale. The drawing shall be at a scale of one (1) inch equals one hundred (100) feet or (1) inch equals two hundred (200) feet. Vicinity maps shall be at a minimum scale of (1) inch equals two thousand (2,000) feet. The font shall not be less than ten (10) point in size. Plats drawn to other scales must be approved, in writing, by the Department of Planning Services.

D. The plat shall be titled as "Minor Subdivision" followed by the assigned case number.

E. The Minor Subdivision lots shall be designated in ascending numerical order, on the plat and legal description.

F. If lots surrounding the Minor Subdivision are not involved in the subject Minor Subdivision they shall be labeled “Not a Part”.

G. The plat shall include a complete and accurate legal description of the parent parcel and the lots being created.

H. The plat shall bear the certifications shown in Appendix 24-A to this chapter.

I. The plat shall contain the original signatures and seals in permanent ink. No signatures or seals are required on the draft plat.

J. The plat shall delineate the location of all existing and proposed driveways and accesses associated with the Minor Subdivision.

K. The plat shall include the names of any existing roads or highways abutting the proposed Minor Subdivision property.

L. The plat shall include the roadway right-of-way adjacent to the parcel, as well as the physical location of the roadway.

M. The plat shall delineate all existing and future easements or rights-of-way located on the Minor Subdivision property.

N. The plat shall show all unique physical characteristics of the Minor Subdivision property, including, but not limited to, irrigation canals and waterbodies, floodplains, and geohazard areas.

O. The plat shall include a vicinity map. The vicinity map shall locate the Minor Subdivision lots with respect to adjacent roads, municipal limits, ditches, railroads, etc. The subject section and dashed quarter section lines shall be shown and labeled.

P. The plat shall show the location of any active, shut-in, or plugged and abandoned oil and gas wells and tank batteries.

Q. All work shall comply with the requirements of Sections 38-50-101 and 38-51-101 et seq., C.R.S.

R. All work shall comply with the requirements of the Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and Professional Land Surveyors and the Rules of Professional Conduct of the State Board of Registration for Professional Engineers and Professional Land Surveyors - Board Policy Statement.

Article VI - Rural Land Division

Amend Sec. 24-6-30. Sketch plan submittal requirements.

The following application items are required:

A. Application Form.

B. Authorization Form, if applicable.

C. Rural Land Division Standards Certification that the application complies with the criteria per Section 24-6-20 of this chapter.

D. Deed identifying the surface estate ownership in the property and relevant lease documents.

E. Articles of Organization or Incorporation documents if the owner is a business entity, including Statement/Delegation of Authority documentation.

F. Trustee documents if the owner is a trust.

H. Planning Questionnaire, including, but not limited to:

1. Explain the reason for the Rural Land Division request.

2. Explain the reason for the proposed division layout.

3. Describe the existing and proposed uses of the property.

4. Describe the existing and proposed potable water source.

5. Describe the existing and proposed sewage disposal system.

6. Describe existing and proposed improvements.

7. Describe any existing and proposed easements and rights-of-way.

8. Describe the existing and proposed access to the site.

9. Describe the current irrigation practices occurring on the site.

I. Water Supply Documentation. A will-serve letter from a water district, association or municipality that demonstrates the district, association or municipality has sufficient capacity and infrastructure to serve the proposed development. Provide evidence of existing potable water source (water bill or well permit) on the property, if applicable.

J. Sewage Disposal Documentation providing evidence (sanitation district bill or septic permit) of the existing sewage disposal source on the property, if applicable.

K. A Septic Suitability Report shall be prepared in compliance with the requirements of Section 24-3-90 of this chapter.

L. The Rural Land Division Sketch Plan map shall include the following information:

1. Title, scale, north arrow, township, range, section, quarter section, and lot numbers.

2. The layout of lots, roads, accesses, and utility easements. Show the width and type of surface of all roads proposed within the Rural Land Division.

3. Any special flood hazard area, MS4 area, geologic hazard overlay district, or airport overlay district identified in the Weld County Code.

M. A title commitment, including Schedules A, B-1 and B-2, issued by a title insurance company. The title commitment shall expire thirty (30) days from preparation.

N. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for subject property. The Statement shall be from the current tax year.

O. A Drainage Narrative shall be submitted in accordance with Section 24-3-200.A of this chapter.

P. A Traffic Narrative shall be submitted in accordance with Section 24-3-220.B of this chapter.

Q. Any other item(s) deemed necessary by the Departments of Planning Services, Public Works or Environmental Health Services.

R. Application fee.

Amend Sec. 24-6-40. Sketch plan procedure.

The process for a Rural Land Division Sketch Plan shall follow Section 24-13-10 of this chapter. No public hearings are conducted for a Rural Land Division Sketch Plan and no plan or resolution is recorded as part of the procedure.

Amend Sec. 24-6-50. Final plan submittal requirements.

The following Final Plan application items are required:

A. Application Form.

B. Authorization Form, if applicable.

C. Deed identifying the surface estate ownership in the property and relevant lease documents.

D. Articles of Organization or Incorporation documents if the owner is a business entity, including Statement/Delegation of Authority documentation.

E. Trustee documents if the owner is a trust.

F. Planning Questionnaire, including, but not limited to:

1. Explain the reason for the Rural Land Division request.

2. Explain the reason for the proposed division layout.

3. Describe the existing and proposed uses of the property.

4. Describe the existing and proposed potable water source.

5. Describe the existing and proposed sewage disposal system.

6. Describe existing and proposed improvements.

7. Describe any existing and proposed easements and rights-of-way.

8. Describe the existing and proposed access to the site.

9. Describe the current irrigation practices occurring on the site.

10. Describe the unique physical characteristics of the property, including, but not limited to, topography, water bodies, CRP lands, floodplains, geohazard areas, MS4, and airport overlay district.

G. Copies of any agreements or easements regarding irrigation ditches, pipelines, overhead lines, or railroad crossings, if applicable.

H. A draft final plat prepared according to the requirements of Section 24-6-70 of this chapter in electronic PDF format.

J. A title commitment, including Schedules A, B-1 and B-2, issued by a title insurance company. The title commitment shall expire thirty (30) days from preparation.

K. Copies of any covenants, grants of easement, or restrictions imposed on the land and/or structures within the Rural Land Division.

L. A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the subject property. The Statement shall be from the current tax year.

M. If a community meeting is held, a sign-in sheet, minutes, and summary.

N. A Final Drainage Report per Section 24-3-200.C of this chapter, if required.

O. A Traffic Impact Study per Section 24-3-220.C, of this chapter, if required.

P. Written correspondence between the applicant and referral agencies addressing the comments and concerns detailed in the Sketch Plan staff memo.

R. Written correspondence between the applicant and representatives of the area utility service providers demonstrating that there are adequate utility provisions available to serve the development.

T. Any other item(s) deemed necessary by the Departments of Planning Services, Public Works, or Public Health and Environment, Environmental Health Services Division.

U. Application fee.

Amend Sec. 24-6-60. Final plan procedure.

A. Prior to submitting an application, the applicant shall provide a contractual guarantee from the public water provider. The agreement shall demonstrate that the water quality and quantity are sufficient to meet the requirements of the uses within the Rural Land Division. Documentation shall address the primary conditions of service including payment of tap fees, extension of pipelines and other water service facilities, dedication of water rights, et cetera, per the requirements detailed in C.R.S § 29-20-304. The agreement and supplemental documentation shall be reviewed and determined sufficient by the Weld County Attorney’s Office prior to acceptance of the application.

B. The process for a Rural Land Division Final Plan shall follow Section 24-13-10 of this chapter. Public hearings before the Planning Commission and Board of County Commissioners are required.

C. At its public hearing, the Planning Commission shall consider the Final Plan application and provide a recommendation to the Board of County Commissioners. The Planning Commission shall consider the recommendation of the Department of Planning Services, referral agency responses, the application case file, and facts presented at the public hearing. The Planning Commission shall recommend approval of the application unless it finds that the applicant has not met one (1) or more applicable requirements of this Code. The Department of Planning Services shall forward the Planning Commission recommendation to the Clerk to the Board within ten (10) days of the Planning Commission hearing.

D. At its public hearing, the Board of County Commissioners shall consider the Final Plan application and take final action thereon. The Board of County Commissioners shall consider the recommendations of the Planning Commission and the Department of Planning Services, referral agency responses, the application case file, and facts presented at the public hearing. The Board of County Commissioners shall approve the application unless it finds that the applicant has not met one (1) or more applicable requirements of this Code. Record of the Board of County Commissioner determination and signed resolution shall be kept in the files of the Clerk to the Board and recorded by the Clerk and Recorder.

E. If approved, and upon completion of the conditions of approval and recording of the Improvements Agreement, if required, per Section 24-2-40 of this chapter, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services. The Final Plan is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder.

F. No development, including, but not limited to, grading, shall commence prior to recording of the Improvements Agreement, if required, and Final Plat.

Amend Sec. 24-6-70. Final plat requirements.

The Rural Land Division Final Plat shall meet the following requirements:

A. The plat shall be prepared by a registered professional land surveyor in the State of Colorado.

B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width, unless otherwise approved by the Department of Planning Services. The draft plat shall be submitted electronically in PDF format.

C. The plat shall contain north arrows and scales. The drawing shall be at a scale of one (1) inch equals one hundred (100) feet or one (1) inch equals two hundred (200) feet. Vicinity maps shall be at a minimum scale of one (1) inch equals two thousand (2,000) feet. The font shall not be less than ten (10) point in size. Plats drawn to other scales must be approved, in writing, by the Department of Planning Services.

D. The plat shall be titled as "Rural Land Division" followed by the assigned case number.

E. The Rural Land Division lots shall be designated in ascending numerical order, on the plat and legal description.

F. If lots surrounding the Rural Land Division are not involved in the subject Rural Land Division, they shall be labeled "Not a Part".

G. The plat shall include a complete and accurate legal description of the parent parcel and the lots being created.

H. The plat shall bear the certifications shown in Appendix 24-B to this Chapter.

I. The plat shall contain the original signatures and seals in permanent ink. No signatures or seals are required on the draft plat.

J. The plat shall delineate the location of all existing and proposed driveways and accesses associated with the Rural Land Division.

K. The plat shall include the names of any existing roads or highways abutting the proposed Rural Land Division property.

L. The plat shall include the roadway right-of-way adjacent to the parcel, as well as the physical location of the roadway.

M. The plat shall delineate all existing and future easements or rights-of-way located on the Rural Land Division property.

N. The plat shall show all unique physical characteristics of the Rural Land Division property, including, but not limited to, irrigation canals and waterbodies, floodplains, and geohazard areas.

O. The plat shall include a vicinity map. The vicinity map shall locate the Rural Land Division lots with respect to adjacent roads, municipal limits, ditches, railroads, etc. The subject section and dashed quarter section lines shall be shown and labeled.

P. The plat shall show the location of any active, shut-in, or plugged and abandoned oil and gas wells and tank batteries.

Q. All work shall comply with the requirements of Sections 38-50-101 and 38-51-101, et seq., C.R.S.

Article VII - Family Farm Division

Amend Sec. 24-7-40. Procedure.

A. The process for a Family Farm Division shall follow Section 24-13-10 of this chapter. No public hearings are conducted for a Family Farm Division, except as described in Subsection 24-7-40.B below. The Board of County Commissioners delegates the authority and responsibility for processing and approving Family Farm Divisions to the Department of Planning Services.

1. The Clerk to the Board shall send notice, mailed first-class at least ten (10) days prior to the hearing, to the applicant and owners of property within five hundred (500) feet of the parcel under consideration.

2. The Clerk to the Board shall also arrange for legal notice of said hearing to be published at least ten (10) days prior to the hearing in the newspaper designated by the Board of County Commissioners for publication of notices.

3. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, time, and place, and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph and affidavit.

4. At its public hearing, the Board of County Commissioners shall consider the application and take final action thereon. The Board of County Commissioners shall consider the recommendation of the Department of Planning Services, referral agency responses, the application case file, and facts presented at the public hearing. The Board of County Commissioners shall approve the application unless it finds that the applicant has not met one (1) or more applicable requirements of this Code. Record of the Board of County Commissioner determination and signed resolution shall be kept in the files of the Clerk to the Board.

5. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices, shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification.

C. If approved, and upon completion of the conditions of approval, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services. The Family Farm Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder.

Amend Sec. 24-7-50. Plat requirements.

The Family Farm Division plat shall meet the following requirements:

A. – No change.

B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width. The draft plat shall be submitted electronically in PDF format.

C. through N. – No change.

O. The plat shall show the location of any active, shut-in, or plugged and abandoned oil and gas wells and tank batteries.

Remainder of Section – No change.

ARTICLE VIII - Public Facility Division

Amend Sec. 24-8-40. Procedure.

A. The process for a Public Facility Division shall follow Section 24-13-10 of this chapter. No public hearings are conducted for a Public Facility Division, except as described in Subsection 24-8-40.B below. The Board of County Commissioners delegates the authority and responsibility for processing and approving Public Facility Division to the Department of Planning Services.

C. If approved, and upon completion of the conditions of approval, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services. The Public Facility Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder.

Amend Sec. 24-8-50. Plat requirements.

The Public Facility Division plat shall meet the following requirements:

A. – No change.

B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width. The draft plat shall be submitted electronically in PDF format.

C. through N. – No change.

O. The plat shall show the location of any active, shut-in, or plugged and abandoned oil and gas wells and tank batteries.

Remainder of Section – No change.

Article IX – Resubdivision

Amend Sec. 24-9-40. Procedure.

A. The process for a Resubdivision shall follow Section 24-13-10 of this chapter. No public hearings are conducted for a Resubdivision, except as described in Subsection 24-9-40.B below. The Board of County Commissioners delegates the authority and responsibility for processing and approving Resubdivisions to the Department of Planning Services.

C. If approved, and upon completion of the conditions of approval, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services. The Resubdivision is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder.

Amend Sec. 24-9-50. Plat requirements.

The Resubdivision plat shall meet the following requirements:

A. – No change.

B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width. The draft plat shall be submitted electronically in PDF format.

C. through P. – No change.

Q. The plat shall show the location of any active, shut-in, or plugged and abandoned oil and gas wells and tank batteries.

Article X - Lot Line Adjustment

Amend Sec. 24-10-40. Procedure.

A. The process for a Lot Line Adjustment shall follow Section 24-13-10 of this chapter. No public hearings are conducted for a Lot Line Adjustment, except as described in Subsection 24-10-40.B below. The Board of County Commissioners delegates the authority and responsibility for processing and approving Lot Line Adjustments to the Department of Planning Services.

C. If approved, and upon completion of the conditions of approval, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services. The Lot Line Adjustment is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder.

Amend Sec. 24-10-50. Plat requirements.

The Lot Line Adjustment plat shall meet the following requirements:

A. – No change.

B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width. The draft plat shall be submitted electronically in PDF format.

C. through O. – No change.

P. The plat shall show the location of any active, shut-in, or plugged and abandoned oil and gas wells and tank batteries.

Remainder of Section – No change.

Article XII - Resolution of Illegal Land Divisions

Amend Sec. 24-12-40. Procedure.

A. The process for a Resolution of Illegal Land Divisions shall follow Section 24-13-10 of this chapter. A public hearing before the Board of County Commissioners is required.

B. At its public hearing, the Board of County Commissioners shall consider the application and take final action thereon. The Board of County Commissioners shall consider the recommendation of the Department of Planning Services, referral agency responses, the application case file, and facts presented at the public hearing. The Board of County Commissioners shall approve the application unless it finds that the applicant has not met one (1) or more applicable requirements of this Code. Record of the Board of County Commissioner determination and signed resolution shall be kept in the files of the Clerk to the Board.

C. If approved, and upon completion of the conditions of approval, the signed and notarized plat shall be submitted with the recording fee to the Department of Planning Services. The Resolution of Illegal Land Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder.

Amend Sec. 24-12-50. Plat requirements.

The Resolution of Illegal Land Division plat shall meet the following requirements:

A. – No change.

B. The plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width. The draft plat shall be submitted electronically in PDF format.

C. through O. – No change.

P. The plat shall show the location of any active, shut-in, or plugged and abandoned oil and gas wells and tank batteries.

Remainder of Section – No change.

Article XIII - Land Division Procedure

Add Sec. 24-13-10. Procedure.

The process in this section shall be applicable only for those land division case types that refer to this section.

A. Any person seeking to apply for a land division shall first arrange for a preapplication conference with the Department of Planning Services, except for Family Farm Divisions, Public Facility Divisions, Lot Line Adjustments, and Resolutions of Illegal Land Divisions. If a land division application is not submitted within one (1) year of the date of the preapplication conference, a new preapplication conference may be required.

C. Following submittal of the application, the Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the application submittal and the deadline to provide the missing items. If no written response is submitted to the Department of Planning Services or if the deficiencies are not corrected by the date specified by the Department of Planning Services, the application may be rejected.

D. The nonrefundable application fee set forth in Appendix 5-J of this Code is due upon determination that the application is otherwise complete.

F. After staff has determined that the application is complete and the payment of the application fee has been accepted, the process in this subsection shall be followed.

2. Preliminary notice to surrounding property owners. This step only applies to case types that require one (1) or more public hearings. At the time referrals are sent, the Department of Planning Services shall mail notice of the application to those persons listed in the submittal as owners of property located within five hundred (500) feet of the parcel(s) under consideration. Such notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices, shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification.

3. Initial Review.

a. The Department of Planning Services shall provide the applicant with a written memo detailing any required corrections or other changes to be made. Additional information may be required.

b. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements.

5. Technical Review.

a. The Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the resubmittal.

b. The Department of Planning Services shall perform a Technical Review of the resubmittal.

d. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements.

6. If the case type requires public hearings before the Planning Commission and/or Board of County Commissioners, staff shall schedule such hearing(s) and provide notice as follows:

b. Referral agencies that responded to the earlier request for comments may also be notified of the hearing dates.

G. The applicant may withdraw the application at any point in the process. Withdrawal letters shall be submitted, in writing, to the Department of Planning Services and shall be signed by the property owners.

Appendix 24-A - Minor Subdivision Final Plat Certificates

Delete E., PLANNING COMMISSION CERTIFICATE, and reletter F. to E.

Appendix 24-B - Rural Land Division Final Plat Certificates

Delete E., PLANNING COMMISSION CERTIFICATE, and reletter F. to E.

CHAPTER 27

Planned Unit Development

Article I. - General Provisions

Amend Sec. 27-1-60. - PUD final plan submittals for phased PUDs.

A. Through E. – No change.

F. Procedure. The Department of Planning Services shall be responsible for processing all such applications. The PUD final plan application shall be processed according to the following procedure.

1. Any person wanting to apply for a PUD final plan shall first arrange for a preapplication conference with the Department of Planning Services. If an application is not submitted within one (1) year of the date of the preapplication conference, a new preapplication conference may be required.

2. The applicant may conduct a neighborhood meeting with area landowners. Such meeting is not required but may be suggested by Planning Services staff to encourage communication between the applicant and the neighbors.

3. Following submittal of the application, the Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the application submittal and the deadline to provide the missing items. If no written response is submitted or if the deficiencies are not corrected by the date specified by the Department of Planning Services, the application may be rejected. The nonrefundable application fee set forth in Appendix 5-J of this Code is due upon determination that the application is otherwise complete.

4. After staff has determined that the application is complete and the payment of the application fee has been accepted, the process in this subsection shall be followed.

a. Referrals. The Department of Planning Services shall refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond may be deemed to be a favorable response. The reviews and comments solicited by the County are intended to provide the County with comments regarding any concerns the agency may have. The County shall 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 rests with the County.

b. Preliminary notice to surrounding property owners. At the time referrals are sent, the Department of Planning Services shall mail notice of the application to owners of property within the PUD who are not the applicants and to owners of property located within five hundred (500) feet of the parcel(s) under consideration. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices, shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification.

c. Initial Review.

1) The Department of Planning Services shall provide the applicant with a written memo detailing any required corrections or other changes to be made. Additional information may be required.

2) The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements.

a. Resubmittal. The applicant shall address the requirements of the staff memo in a single, complete resubmittal. If the applicant fails to submit requested additional or revised application materials within one hundred eighty (180) days of the date the staff memo was provided, the application will be subject to any applicable amendments to the Weld County Code in effect as of the date of resubmittal, additional review may be required, and/or the Director may declare the application withdrawn.

b. Technical Review.

1) The Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the resubmittal.

2) The Department of Planning Services shall perform a Technical Review of the resubmittal.

3) If staff determines any of the required corrections listed in the Initial Review memo have not been sufficiently addressed, staff will provide the applicant with a Technical Review memo describing the deficiencies.

4) The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements.

5) If the requirements have not been sufficiently addressed after several rounds of review, a meeting with the applicant and management team, including, but not limited to, the Director of Planning Services, shall be scheduled. If the requirements have not been sufficiently addressed after a meeting with the applicant and management team has taken place, the recommendation of staff will be for denial.

a. The Department of Planning Services shall schedule hearings before the Planning Commission and Board of County Commissioners and provide notice as follows:

1) At least fifteen (15) days prior to the hearing date, notice shall be mailed, first-class, to owners of property within the PUD who are not the applicants and to owners of property located within five hundred (500) feet of the parcel(s) under consideration.

2) Referral agencies that responded to the earlier request for comments may also be notified of the hearing dates.

3) The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, time, and place, and a telephone number where further information may be obtained. The sign shall be posted at least fifteen (15) days prior to the hearing date and evidenced with a photograph and affidavit.

4) Legal notice of hearings shall be published once in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least fifteen (15) days prior to any hearing.

5) Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices, shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification.

Delete 5. through 7., and renumber remaining paragraphs

G. Submittal requirements. The following application items are required:

1. through 15. – No change.

16. Draft final plat prepared in accordance with the following requirements:

a. – No change.

b. The final plat shall be delineated in permanent black ink on a dimensionally stable polyester sheet such as Mylar, or other material as approved in writing by the Department of Planning Services. The size of each sheet shall be twenty-four (24) inches in height by thirty-six (36) inches in width, unless otherwise approved in writing by Planning Staff. The draft plat shall be submitted electronically in PDF format.

Remainder of Section – No change.

Article II - Amendments to Existing PUDs

Amend Sec. 27-2-20. - Amendments to PUD zoning.

A. Any person wanting to apply for an amendment to PUD zoning shall first arrange for a preapplication conference with the Department of Planning Services. If an application is not submitted within one (1) year of the date of the preapplication conference, a new preapplication conference may be required. The applicant must be the owner of property within the subject PUD at the time of application.

B. – No change.

C. The applicant may conduct a neighborhood meeting with area landowners. Such meeting is not required but may be suggested by Planning Services staff to encourage communication between the applicant and the neighbors.

D. Following submittal of the application, the Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the application submittal and the deadline to provide the missing items. If no written response is submitted or if the deficiencies are not corrected by the date specified by the Department of Planning Services, the application may be rejected. The nonrefundable application fee set forth in Appendix 5-J of this Code is due upon determination that the application is otherwise complete.

E. After staff has determined that the application is complete and the payment of the application fee has been accepted, the process below shall be followed:

2. Preliminary notice to surrounding property owners. At or around the time referrals are sent, the Department of Planning Services shall mail notice of the application to owners of property within the PUD and to owners of property located within five hundred (500) feet of the PUD. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices, shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification.

3. Initial Review.

a. The Department of Planning Services shall provide the applicant with a written memo detailing any required corrections or other changes to be made. Additional information may be required.

b. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements.

5. Technical Review.

a. The Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the resubmittal.

b. The Department of Planning Services shall perform a Technical Review of the resubmittal.

d. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements.

e. If the requirements have not been sufficiently addressed after several rounds of review, a meeting with the applicant and management team, including, but not limited to, the Director of Planning Services, shall be scheduled. If one (1) or more public hearings are required for the case type and the requirements have not been sufficiently addressed after a meeting with the applicant and management team has taken place, the recommendation of staff will be for denial.

6. A hearing before the Board of County Commissioners shall be scheduled and notice provided as follows:

a. The Clerk to the Board shall give notice of the application and the public hearing date to owners of property within the PUD who are not the applicants and to owners of property located within five hundred (500) feet of the PUD. Such notification shall be mailed, first-class, not less than fifteen (15) days before the scheduled public hearing.

b. Referral agencies that responded to the earlier request for comments may also be notified of the hearing date.

c. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, time, and place, and a telephone number where further information may be obtained. The sign shall be posted at least fifteen (15) days prior to the hearing date and evidenced with a photograph and affidavit.

F. The Board of County Commissioners shall consider the application and take final action thereon. The Board shall consider the recommendation of the Department of Planning Services, referral agency responses, the application case file, and facts presented at the public hearing. The Board shall approve the application unless it finds that the applicant has not met one (1) or more applicable requirements of this Code.

G. If approved, the Clerk to the Board shall submit the resolution signed by the Board of County Commissioners to the Clerk and Recorder for recording. The resolution shall be effective upon recording.

Amend Sec. 27-2-30. Amendments to PUD final plans and final plats.

A. Any person wanting to apply for an amendment to a PUD final plan or final plat shall first arrange for a preapplication conference with the Department of Planning Services. If an application is not submitted within one (1) year of the date of the preapplication conference, a new preapplication conference may be required.

B. Submittal requirements. The following application items are required:

1. through 10. – No change.

E. After staff has determined that the application is complete and the payment of the application fee has been accepted, the process below shall be followed:

2. Preliminary notice to surrounding property owners. At or around the time referrals are sent, the Department of Planning Services shall mail notice of the application to owners of property within the PUD who are not the applicants and to owners of property located within five hundred (500) feet of the subject property. Notice is not required by state statute and is provided as a courtesy. Inadvertent errors in the property owner list, or in the mailing of notices, shall not create a jurisdictional defect in the process even if such error results in the failure of a surrounding property owner to receive notification.

3. Initial Review.

a. The Department of Planning Services shall provide the applicant with a written memo detailing any required corrections or other changes to be made. Additional information may be required.

b. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements.

5. Technical Review.

a. The Department of Planning Services shall perform a checklist review and notify the applicant in writing of any required items missing from the resubmittal.

b. The Department of Planning Services shall perform a Technical Review of the resubmittal.

d. The applicant or staff may request a meeting between the applicant and staff regarding the submittal and the outstanding requirements.

e. If the requirements have not been sufficiently addressed after several rounds of review, a meeting with the applicant and management team, including, but not limited to, the Director of Planning Services, shall be scheduled. If the requirements have not been sufficiently addressed after a meeting with the applicant and management team has taken place, the recommendation of staff will be for denial.

6. A hearing before the Board of County Commissioners shall be scheduled and notice provided as follows:

a. The Clerk to the Board shall give notice of the application and the public hearing date to owners of property within the PUD who are not the applicants and to owners of property located within five hundred (500) feet of the subject property. Such notification shall be mailed, first-class, not less than fifteen (15) days before the scheduled public hearing.

b. Referral agencies that responded to the earlier request for comments may also be notified of the hearing date.

c. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, time, and place, and a telephone number where further information may be obtained. The sign shall be posted at least fifteen (15) days prior to the hearing date and evidenced with a photograph and affidavit.

G. If approved, and upon completion of the conditions of approval and acceptance of the plat by the Department of Planning Services, the signed and notarized plat shall be submitted for recording with the recording fee to the Department of Planning Services, which shall submit the plat to the Weld County Clerk and Recorder for recording. The conditions of approval must be met and the plat submitted for recording within sixty (60) days of approval by the Board of County Commissioners, or the application may be forwarded to the Board of County Commissioners for reconsideration. The property owner shall be notified of the hearing at least fifteen (15) days prior to the hearing. The Board of County Commissioners may, after a public hearing, rescind the approval.

H. The foregoing notwithstanding, where the amendment is for the sole purpose of removing building envelopes or septic envelopes, no plat shall be required and the Board resolution shall be recorded with the Clerk and Recorder. The resolution shall reference the reception number and recording date of the original plat that is being amended.

Be it further ordained by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code.

Be it further ordained by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid.