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HomeMy WebLinkAbout20082678.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-9 was introduced on first reading on July 30, 2008, and a public hearing and second reading was held on August 13, 2008. A public hearing and final reading was completed on August 27, 2008,with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2008-9 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE EFFECTIVE DATE: September 10, 2008 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 29, 2008 PUBLISHED: September 5, 2008, in the Greeley Tribune oeo dcCY- l 2008-2678 Affidavit of Publication STATE OF COLORADO 55. County of Weld, 1, Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE TRIBUNE that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy,(days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the,issue of the said newspaper- NOTICE OF bearing date the FINAL READING aORDINANCE _ Fifth day of September AD. 2008 and the Pursuant to the Weld County Home Rule Charter,Ordinance Number 2008-9 was introduced on firm reading on July 30,2ooe, last publication thereof: in the issue of said newspaper bearing and a public hearing and second reading was held on August 1a, date the Fifth day of September AD. 2008 that 2008. A public heanng and final reading was completed oh Au- gust 27,2008,with no change being made to the text or said Or said The Tribune has been published continuously and Effecive and of motion duly mce s and elo . was adopted. uninterruptedly during the period of at least six months next prior Effective date on said Ordinance is dd below. Any backup material,exhibits or information previously submit. to the first issue there of contained said notice or advertisement ted to the Board of county commissioners concerning this mat- above referred to; that said newspaper has been admitted to the ter may be examined in the office of the Clerk to the Board of. County Commissioners,located in the Weld County Centennial United States mails as second-class matter under the provisions Center,91510th Street,Third Floor,Greeley,Colorado,be- tween the hours of B:OO a.m.and 5:OO p.m.,Mondaythm Friday, of the Act of March 3, 1879,or any amendments thereof;and that or may be accessed through the Weld County Web Pegs said newspaper is a daily newspaper duly qualified for (www.co.weltl.co.us). E-Mail messages sent to an mtlwwual Commiseionermeynot be included in the case file. Toensure publishing legal notices and advertisements within the meaning inclusion of your E-Mall correspondence into the case file,please send a copy to egesickoco.weld.co.us. of the laws of the State of Colorado. ORDINANCE NO. 2008-9 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, I COUNTY CODE AMENDMENTS, APTER B PUBLIC WORKS,OF THE WELD September 5,2008 EFFECTIVE DATE: September 10,2008 BOARD OF COUNTY WELD COUNTY, COMMISSIONERS COLORADO Total Charges: $17.65 DATED: August 29,2008 The Tribune September 5,2008 / dvertising Clerk 5th day of September, 2008 My Commission Expires 06/14/2 09 Notary Public NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-9 was introduced on first reading on July 30, 2008, and a public hearing and second reading was held on August 13, 2008, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board , First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631 , on August 27, 2008. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard . Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a. m . and 5:00 p. m . , Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld .co. us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2008-9 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS OF THE WELD COUNTY CODE DATE OF NEXT READING : August 27, 2008, at 9:00 a . m . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 15, 2008 PUBLISHED: August 22, 2008, in the Greeley Tribune ************ CHANGES MADE TO CODE ORDINANCE #2008-9 ON SECOND READING Amend the second paragraph of the addition to Section 4.5, Detention and Retention Storage, of the Chapter 1 Drainage Policy, to read as follows: No stormwater detention shall be required for rural residential developments of nine (9) lots or fewer, where the average lot sizes is equal to, or greater than, exceed five (5) three (c acres per lot, and: 1 ) downstream roadway criteria are not exceeded (6-inches water depth on road for the 10-year storm ), and 2) the total post-development imperviousness for the rural residential development does not exceed ten percent ( 10% ), assuming that all internal roads and driveways are paved (or-will eventually be paved). Amend the fourth sentence of Section 8-11 -110, to read as follows: The term , "rural residential levels of development," is defined as residential development with nine (9) lots or fewer and the average lot sizes is equal to, or greater than five (5)three (3) acres. Affidavit of Publication STATE OF COLORADO SS. County of Weld, I, Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of Fr THE TRIBUNE NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter,Ordinance that the same is a daily newspaper of general circulation and Number 2008-9 was introduced on first reeding on July 30,2008, printed and published in the City of Greeley, in said county and and a public hearing and second reading was held on August 13, state; that the notice or advertisement, of which the annexed is a 2008,with changes being made as listed below. A vubli hear- ing and third reading is scheduled to be held in the Chambers of true copy,(days):that the notice was published in the regular and the Board,First Floor Hearing Room,915 10th Street,Greeley, Colorado 80631,on August 27.2008. All persons in any man-. entire issue of every number of said newspaper during the period ner interested in the next reading of said Ordinance are request- er and time of publication of said notice, and in the newspaper request- ed to attend and may be heard. P P Please contact the Clerk to the Boards Office at phone(970) proper and not in a supplement thereof; that the first publication 336-7215,Extension 4225,or fax(970)352-0242,prior to the of said notice was contained in the, issue of the said newspaper- day of the hearing if,as a result of a disability,you require rea- sonable accommodations in order to participate in this hearing. bearing Any backup material,exhibits or information previously submit- Twenty-Second day of August AD. 2008,and the ted to the Board of County Commissioners concerning this mat- last publication thereof: in the issue of said newspaper bearing ter may be examined in the office of the Clerk to the Board of County Commissioners,located in the Weld County Centennial date the Twenty-Second day of August AD. 2008; Center,915 10th Street,Third Floor,Greeley,Colorado,be- tweenpublishedcontinuously Me hours of 8:00 a.m.and 5:00 p.m.,Monday thru Friday, or may be accessed through the Weld County Web Page uninterruptedly during theperiod of at least six months next prior (www.co.weld.co.us). E-Mail messages sent to an individual P Y Commissioner may not be included in the case file. To ensure to the first issue there of contained said notice or advertisement inclusion of your E-Mail correspondence into the case file,please send a copy to 69esick®co.weld.co.us. above referred to; that said newspaper has been admitted to the ORDINANCE NO. 2008-9 United States mails as second-class matter under the provisions ORDINANCE TITLE: IN THE MATTER OF REPEALING AND of the Act of March 3, 1879,or any amendments thereof;and that REENACTING,WITH AMENDMENTS,CHAPTER 8 PUBLIC said newspaper is a daily newspaper duly qualified for WORKS OF THE WELD COUNTY CODE publishing legal notices and advertisements within the meaning DATE OF NEXT READING: August 27,2008,at 9:00 a.m. of the laws of the State of Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED: August 15,2008 August 22,2008 PUBLISHED: August 22,2008,in The Greeley Tribune g CHANGES MADE TO CODE ORDINANCE 42008.9 ON SEC- Total Charges: $26.13 OND READING Amend the second paragraph of the addition to Section 4.5,De- tention and Retention Storage,of the Chapter 1 Drainage Policy, to read as follows: No stormwater detention shall be required for rural residential developments of nine(9)lots or fewer,where the average lot size is equal to,or greater than,three(3)acres per lot,and:1) downstream ono roadway crito-yea store exceeded td(64al pos- evr depth m ti rperforthess for the rural 2)thefete)ppmentvel- 9sete does post-devel- opment imperviousness Tor Me residential lopment does not exceed ten percent(10%),assuming that all internal roads and driveways are paved(or eventually will be paved). Advertising Clerk Amend the fourth sentence of Section 8.11-110,to read as fol- lows: The term,'rural residential levels of development,'Is defined as 25'"day of, September 2008 residential development with nine(9)lots or fewer and the aver- age lot size is equal to,or greater than three(3)acres. The Tribune August 22,2008 My Commission Expires 06/14/2009 Notary Public WELD COUNTY CODE ORDINANCE 2008-9 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld , State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1 , enacting a comprehensive Code for the County of Weld , including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein . 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 8 PUBLIC WORKS Amend Sec. 8-11 -30. Weld County Addendum to Text of the Urban Storm Drainage Criteria - Volume 1 . The criteria adopted herein are hereby modified as follows: Chapter 1 - Drainage Policy 1 through 16 - No change. 17. Add the following to Section 4. 5, Detention and Retention Storage: "Except as set forth below, tfhe Policy of Weld County shall be to require regional and/or on-site detention for all future developments. Temporary or interim detention/retention may be required if the downstream regional facilities have not yet been constructed per the applicable Master Plan . Stormwater retention facilities are normally not allowed in Weld County, but will be considered for special circumstances. It is Weld County policy to require detention of runoff from the 100-year storm falling on the developed site and release of the detained water at the rate of the runoff of the 5-year storm falling on the undeveloped site. Detention releases based on soil types are not approved for Weld County. Proposed developments must provide for safe conveyance of off-site flows through the proposed development site. Off-site flows may be routed through or around the proposed detention facilities. Positive drainage must be provided . Weld County will not approve any detention or retention pond that does not drain in less than 72 hours, causes injury to water rights, or is in violation of state or federal law. Upon evaluation, improvements may be necessary to downstream capacity. No stormwater detention shall be required for rural residential developments of nine (9) lots or fewer, where lot sizes exceed five (5) acres per lot, and: 1 ) downstream roadway criteria are not exceeded (6-inches water depth on road for the 10-year storm ), and 2) the total post-development imperviousness for the rural residential development does not exceed ten percent ( 10% ), assuming that all internal roads and driveways are paved (or will eventually be paved ). No stormwater detention shall be required for redevelopment of commercial and industrial sites where the change of use does not increase the imperviousness of the site: however, water quality capture shall be required." Amend Sec. 8-11 -110. Sketch plan drainage report. The purpose of the sketch plan drainage report, submitted at the sketch plan review stage of the planning review process is to identify and define conceptual solutions to storm drainage problems which may occur on site and off site as a result of the proposed development. In addition, those problems that exist on site prior to development must be addressed during the conceptual phase. For proposed projects that will have rural residential levels of development, the Department of Public Works will review the site, surroundings and proposed improvements and advise the applicant as to what additional information and/or engineering design may be required for change of zone and final plat approvals. The term , "rural residential levels of development," is defined as residential development with fewer than nine (9) lots or fewer and lot sizes greater than five (5) acres. No sketch plan drainage report shall be required for recorded exemptions. Remainder of Section - No change. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub sections 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 sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection , paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional , such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph , sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid . * * * * * * * * * * * NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2008-9 published above, was introduced and, on motion duly made and seconded, approved upon first reading on July 30, 2008. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on August 13, 2008. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING: August 13, 2008, at 9:00 a.m. THIRD READING: August 27, 2008, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 1, 2008 PUBLISHED: August 8, 2008, in the Greeley Tribune r.o,aw►llY-539-4731 r �� uavis.elk r WELD COUNTY CODE ORDINANCE 2008-9 • Affidavit of Publication 1 IN THE MATTER OF REPEALING AND REENACTING,WITH AMmess�'4(S,CHAPTER a C UUlicat1O71 • PUBLIC WORKS,OF THE WELD COUNTY CODE BE iT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld,State of Colorado.pursu- ant to Colorado statute and the Weld County Home Rule Charter,is vested with the authority of STATE 1. SS. administering the affairs of Weld County.Colorado,and WHEREAS,d c Board of County a prs,on Dd o 28, nty adopted Weld County County o(Weld, Code Ordinance 2000-, lya a comprehensive of Code l the perms of Weld,including e the codification of all previously adopted ordinances of a general and permanent nature enacted on or 1 Jennifer Usher before said date of adoption,and WHEREAS, anE old County in need of revision and Clarification with regard to probe- of said County of Weld, being duly sworn, say that I am an duNOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of the County of Weld,State of Colorado,that certain existing Chapters of the advertising clerk of eld County Code be,and hereby are,repealed and re-enacted,with amendments,and the venous Chapters are revised to read as follows. THE TRIBUNE CHAPTER 8 PUBLIC WORKS Amend Sec.8-11-30.Weld County Addendum to Text of the Urban Storm Drainage Criteria- that the same is a daily newspaper of general circulation and volume i, printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a The criteria adopted herein are hereby modified as follows. Chapter 1-Draln Polley true copy, (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period 1 through 16is-No change. and time of publication of said notice, and in the newspaper 17.Add the following to Section 45.Detention and Retention Storage. 'Except as set forth below,the Policy of Weld County shall be to require regional and/or on-siteprop edr oand nf inasupple ent thee,threof; that the first petit of Sat DOUGcatio be required if Master Plan. thedetentiontreall future developments.Temporary aryon constructed detention/retention bearing date the Stormwater r ete regional al facilities ar have not yet been ed i ntWelddper the applicable [he rcretention mstn .It facilities Weld County poliioct ttrequire dettentield on of runofrfromethe 100-year for ba day of August AD.2008 band n[hge last special circumstances.It le Weltl County policy storm 5 y arf storm on the falling on the undeveloped site.ed site and Detentioe ot the nerelleases based on the s-l types are not ap of the proved for Weld County.Proposed developments must provide for safe conveyance of off-site the Eighth thereof in the Issueday ofsa oust AD. 2008 either sdilaid te any flows through the proposed development site.Off-site flows may be rouold edCo through or t roundapprove the detteentionorretentionfacilities. p nC the Positive no,leain'm icebe me�72 hours,causes�i�n towfrrights,y The Tribune has been published continuously and uninterruptedly or is in violation of state or federal law. Upon evaluation,improvements may be necessary to during the period of at least six months next prior to the first downstreamor ad No stormwater capacity. shell be required for rural residential developments of nine(9)lots or referred [O; that said tnCWspapea has notice adrtil[tedstonthe UnlOfed detention exceeded ee de6lnches water depthfive on rad foesr per lot, 1)storm),and e2) roadway States mails as second-class matter under the provisions of the nesefa waterlrest on road for the 10-year 2)s not exceed ten percent post-tleveh cumin that ell'niemelsroatls the residential tare paved(or wilnt l eventually be paved) (10%),assuming Act of March 3, 1879, or any amendments thereof; and that said newspaper is a newspaper qualified for publishing however,water qualitydailyduly P g No stormwater where the change of use does of incrieaseothredevelopment mepervousness of thearte;howe and ver, trial sites legal notices and advertisements within the meaning of the laws capture shall be required.' of the State of Colorado. Amend Sec.8-11-110.Sketch plan drainage report. The purpose of the sketch plan drainage report,submitted at the sketch plan review stage oftShoe planning review process is to identity and define conceptualproposed tlions to to storm o drainagoe which may occur on site and off site as a result ofment the p D the problemspropose d proses that will have rural r residential levelust be s of development,the conceptual phase. August 8,2008 For pc WorksD I proposed improvements and advise the Public as to w review t o site,surroundings and approvals. The term, rural residential levels of development'is defined as applicant as to what additional information and/or engineering design may be required for change reof idea and evel platpm lots or fewer and lot sizes greater than five(5)acres. No sketch plantial development et with ll (9) Total Charges: $87.96 sketch drainage report shall be required for recorded exemptions. Remainder of Section-No change. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be,and hereby is,directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein,to coincide with chapters.articles,divisions.sections, sections,sub,and taps currently exist and numbering or placement nt of chapters,articles,o resolve any inconsistencies s rnsaeectti g capitalization,-sectio 9 cub-sections in said Code. bee nd. n,sentence, pjkenBE TT FURTHER ORDAINED by the Board if any section,subsectionto,p 9 p decsio or hhrase of this he validity isof the rey aining held nr decided T e oard offiCoiunal,such ��� �^tlomminshellnoterect the validityttheremainingportions hereof. anc Boardof County — Commissioners hereby declares that it nauseatea enactphrasedthis Ol dinancrive of tin he fact trier any Advertising C one,subsection,Parsgrubh sentence, one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. NOTICE PURSUANT to the Weld County Home Rule Charter,Ordinance Number 2000-9 published above, 8th day of August, 2008 was introduced and,on motion duly made end seconded,approved upon first reading on July 30..� 2008. A public hearing and second reading is scheduled e to be held in the Chambers of the soma, perrsons in any manner in 915 10th terested in the Street. read g of saidColorado Ordinance are oreque August sted to attend a All d My Commission Expires 02/14/2011 may be heard. Please contact the Clerk to the Board's office at phone(970)336-7215,Extension 4225,or fax (970)352-0242,prior to the day of the hearing if,as the result of a disability,you require reasonable accommodations in order to participate in this hearing. /t Any backup material,exhibits or information previously submitted to the Board of County Come Notary Public `,td. located in the Weld County Centennial Center.Third Floor,91510th Stre/aye stoners concerning this matter may be examined in the office of the Clerk to the Board of Corr'to Commissioners,o fora between the hours of 8:00 a m.and 5:00 p.m.,Monday thru Friday atM¢II Greeley, through hlot ww.co.weltico.us). E-Mail messa e( accessed Commissioner o W mld notCounty W included eb Page the to egesTo o ensureiQcusio icorresponn case not ¢please send a copy case file Tk@co. eld.co.usSECOND READING:August 13, r' THIRD READING: August 27,,2008.at 9:00 a mm BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED: August 1,2008 The The Tri Una Hello