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HomeMy WebLinkAbout20052460.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2005-8 was introduced on first reading on June 1,2005,and a public hearing and second reading was held on June 27,2005. A public hearing and final reading was completed on July 18,2005,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,91510th 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 charding@co.weld.co.us. ORDINANCE NO. 2005-8 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH THE ADDITION OF ARTICLE VIII TO CHAPTER 5 REVENUE AND FINANCE,OF THE WELD COUNTY CODE EFFECTIVE DATE: August 1, 2005 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 22, 2005 PUBLISHED: July 27, 2005, in the Fort Lupton Press ea) aca5-f 2005-2460 NNOTICEOFPROOF OF PUBLICATION FINAL READING OF ORDINANCEFORT LUPTON Pursuant to the ha Weld County Home Rule Charter, Ordinance Number 20058 was introduced on STATE OF COLORADO first reading on June 1,2005,and a public hearing and second COUNTY OF WELD SS. reading was held on June 27, 2005. A public hearing and final reading was completed on July 18, 2005,with no change being made to the text of said Ordinance,and on motion duly made and I, Karen Lambert, do solemnly swear that I seconded,was adopted. Effective date of said Ordinance is listed am the Publisher of the Fort Lupton Press; below. Any backup material, exhibits or that the same is a weekly newspaper printed theormatiBoardeviouslfsubmittedy and published in the County of Weld, State Commissrs concerning this matter may ebe examined in the of Colorado, and has a general circulation oCounty f the Clerk nt the Board of therein; that said newspaper has been the Commissioners,located in the Weld County Centennial Center, 915 10th Street, Third published continuously and uninterruptedly Floor,Greeley,Colorado,between the hours of 8:00 a.m. and 5:00 in said county of Adams for a period of more p.m., accessed e through Vim athe may than fifty-two consecutive weeks prior to the County Web s). E-Mail first publication of the annexed legal notice messages sent to an individual Commissioner may not be!ncluded or advertisement; that said newspaper has in the case file.To ensure inclusion of your E-Mail correspondence into been admitted to the United States mails as the rase fie,pleasa send a copy to chading(a�co.weid.co.ua. second-class matter under the provisions of ORDINANCE NO. 2005-8 ORDINANCE TITLE: IN THE the act of March 3, 1879, or any MATTER OF ENAREPG AND RE CTNG, WITH THE amendments thereof, and that said ADDITION OF II CHAPTER 5 REVENUE AND newspaper is a weekly newspaper duly FINANCE, OF THE WELD COUNTYCODE qualified for publishing legal notices and EFFECTIVE DATE: August 1, 2005 advertisements within the meaning of the BOARD OF COUNTY COMMISSIONERS laws of the State of Colorado. That the WELD COUNTY, DATED: July 22,2005RA00 annexed legal notice or advertisement was PUBLISHED:Fort Lupton Press y 27,2005,in the published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertion(s); and that the first publication of said notice was in the issue of newspaper, dated 27th day of July, 2005, and the last on the 27th day of July, 2005. . m c. \ C / Publisher Su ribed and sworn before me, this the 22nd day of July, 2005. J1O `.t °,i jam. J� x. EGti? !Q.:: o ry Pu. ic. r . 41 • I' I( y)• CASE NO.370355 key 17185 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2005-8 was introduced on first reading on June 1,2005,and a public hearing and second reading was held on June 27,2005, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley,Colorado 80631 on July 18,2005. 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,91510th 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 charding@co.weld.co.us. ORDINANCE NO. 2005-8 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH THE ADDITION OF ARTICLE VIII TO CHAPTER 5 REVENUE AND FINANCE,OF THE WELD COUNTY CODE DATE OF NEXT READING: July 18, 2005, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 29, 2005 PUBLISHED: July 6, 2005, in the Fort Lupton Press EO NOTIC PROOF OF PUBLICATION READING OF SECONDCE ORDINANCE FORT LUPTON Pursuant to the Weld County Home Rule Charter, Ordinance STATE OF COLORADO Number er B was introduced on first reading on June 1,2005,and a public hearing and second COUNTY OF WELD SS. reading was held on June 27, 2005,with no change being made to the text of said Ordinance. A public hearing and third reading is schedChambleders to l be in the Floor I, Karen Lambert, do solemnly swear that I Hearing of the Board,1FirstFloo, Hearing Room, 915 631h Street, on July Greeley, Colorado 80631 i July am the Publisher of the Fort Lupton Press; 18, 2005. All persons in any manner interested in the next that the same is a weekly newspaper printed reading re requested itosattend aaid lnd may nance a be and published in the County of Weld, State heard. Please contact the Clerk to the of Colorado, and has a general circulation Board's215 Extension 4225, fax or phone( ° 336 7 , xt nsion (970) therein; that said newspaper has been 352-02hearing 4f,asrior to a resulthe of a disability, published published continuously and uninterruptedly you require reasonable accommodations in order to in said county of Adams for a period of more participate in this hearing. Any backup material, exhibits or than fifty-two consecutive weeks prior to the information previously submitted to the Board of first publication of the annexed legal notice of County Commissioners concerning this matter may be examined in the or advertisement; that said newspaper has office of the Clerk to the Board of been admitted to the United States mails as County Commissioners,located in the Weld County Centennial Center,915 1Oth Street, Third second-class matter under the provisions of Floor,Greeley,Colorado,between the hours of 8:00 a.m. and 5:00 the act of March 3, 1879, or any p.m., Monday thru Friday,or may be accessed through the Weld amendments thereof, and that said County Web Page (www.co.weld.co.us). E-Mail newspaper is a weekly newspaper duly messages sent to an individual Commissioner may not be included qualified for publishing legal notices and in the case file.To ensure inclusion of your E-Mail correspondence into advertisements within the meaning of the the case file,please send a copy to laws of the State of Colorado. That the charding@co.weld.co.us. ORDINANCE NO. 2005-8 ORDINANCE TITLE: IN THE annexed legal notice or advertisement was MATTER OF REPEING REENACTING,WITH THE published in the regular and entire issue of ADDITION OF E VIII CHAPTER 5 REVENUE AND every number of said weekly newspaper for FINANCE,OF THE WELD COUNTY CODE the period of 1 consecutive insertion(s); and DATE OF NEXT READING: July 18,2005,at 9:00 am. that the first publication of said notice was in BOARD OF COUNTY COMMISSIONERS the issue of newspaper, dated 6th day of WELD DATED:C°June 29,2000°R"DO July, 2005, and the last on the 6th day of PUBLISHED: July 6,2005,in the July, 2005. Fort Lupton Press ie— r (/e��a, Publisher. Subscribed an rn before me, thi the �.• \e 6th day of July, 2005. BOBI JO t BOND ; i6 . 'A r �.��fi Ct�-� Notary ublic. 'ssion Exp:rcs all °Ce CASE NO.370207 key 15364 WELD COUNTY CODE ORDINANCE 2005-8 IN THE MATTER OF REPEALING AND REENACTING,WITH THE ADDITION OF ARTICLE VIII TO CHAPTER 5 REVENUE AND FINANCE, 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 requirement therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that existing Chapter 5 Revenue and Finance, of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 5 REVENUE AND FINANCE ARTICLE VIII Capital Expansion Fee and Stormwater Drainage Infrastructure Fee Sec. 5-8-10. New growth and development. The Board of County Commissioners projects that there will be a significant amount of new growth and development in the unincorporated areas of Weld County, Colorado, over the next twenty (20)years. Sec. 5-8-20. Need for capital expansion and stormwater drainage infrastructure. The Board of County Commissioners has determined that the projected new growth and development in the unincorporated areas of Weld County, Colorado, will require a substantial expansion in County owned capital improvements, including, but not limited to, the Weld County Jail and other general government facilities, and in stormwater drainage infrastructure. Sec. 5-8-30. Revenue and fees. A. Additional revenue needed. Existing revenue generated by the projected new growth and development in the unincorporated areas of Weld County will not be adequate to fund the needed capital improvements and stormwater drainage infrastructure necessary to accommodate the projected new growth and development. B. Proportionate share policy. In order to address this problem, the County has determined that new land development activity in the unincorporated areas of Weld County shall bear a proportionate share of the cost of the provision of capital improvements and stormwater drainage infrastructure required by such development. C. Impact fee method. The County has determined that the imposition of impact fees in the unincorporated areas of Weld County is one (1)of the preferred methods of regulating land development in order to ensure that new development bears a proportionate share of the costs of the capital improvements and stormwater drainage infrastructure necessary to accommodate new development, and promoting and protecting the public health, safety and welfare. D. Authority. The County has the authority to adopt impact fees to pay for the capital improvements and stormwater drainage infrastructure necessary to accommodate new development in the unincorporated areas of Weld County, pursuant to the Colorado Constitution and Section 29-20-104.5, C.R.S. For the purpose of this Article, collection of the impact fees imposed herein shall occur at the time of issuance of building permits,as allowed pursuant to Section 29-20-104.5(6), C.R.S. Sec. 5-8-40. Establishment of impact fees. Any person who causes to be constructed a structure within the unincorporated areas of Weld County shall pay impact fees to Weld County, at the time of the issuance of building permit: 1)A capital expansion fee of$575 per dwelling unit, as that term is defined in Section 23-1-90 of this Code, or$95 per 1,000 square feet of total floor area for a non-dwelling unit structure; and 2) A stormwater drainage infrastructure fee of$300 per dwelling unit, or$300 per 1,000 square feet of total floor area for a non-dwelling unit structure,for any property(including commercial, industrial and agricultural)located within any urban area as defined and recognized by Weld County, and/or if development on the property otherwise requires the submission of a stormwater drainage plan. Sec. 5-8-50. Time of impact fees obligation and payment. A. After the effective date of this Article, any person or government body who causes the construction of a structure within the unincorporated areas of Weld County shall be obligated to pay the capital expansion fee and drainage infrastructure fee, pursuant to the terms of this Article. The impact fees shall be determined and paid to the Department of Planning Services at the time of issuance of a building permit for the development. The impact fees shall be computed separately for the amount of construction activity covered by the permit, if the building permit is for less than the entire development. The obligation to pay the impact fees shall run with the land. B. Any person who, prior to the effective date of this Article and, as a condition of development approval, agreed to pay the impact fees required herein, shall be responsible for the payment of the fees under the terms of any such agreement. Sec. 5-8-60. Appeal of imposition of impact fees. The only remedy for a person applying for a building permit who wishes to appeal the imposition of the impact fees required herein shall be an appeal to the Board of County Commissioners utilizing the procedures set forth in Section 2-4-10 of this Code. BE IT FURTHER ORDAINED 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 2005-7 published above, was introduced and, on motion duly made and seconded, approved upon first reading on June 1, 2005. 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 June 27, 2005. 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 charding@co.weld.co.us. SECOND READING: June 27, 2005, at 9:00 a.m. THIRD READING: July 18, 2005, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 10, 2005 PUBLISHED: June 15, 2005, in the Fort Lupton Press WELD COUNTY CODE drainage infrastructure necessary PROOF OF PUBLICATION ORDINANCE 20054 IN THE to accommodate new development MATTER OF REP AND in REENACTING, WITH THE the THE Weld County,unincorporated areas pursuant to the FORT LUPTON ADDITION 5 ARTICLE EVEN VIII TO Colorado Co5 C.R. and o the STATE OF COLORADO CHAPTER ANCE, 5 REVENUE LD 29 20-104.5,hiC.R.S. For the FINANCE, OF THE WELD purpose of this Article,collection of COUNTY CODE BE IT the impact fees imposed herein COUNTY OF WELD SS. ORDAINED BY THE BOARD OF shall occur at the time of issuance COUNTY COMMISSIONERS OF of building permits, as allowed THE COUNTY OF WELD,STATE pursuant to Section 29-20 OF COLORADO: 104.5(6), C.R.S. Sec. 5-8-40. WHEREAS, the Board of County Establishment of impact fees.Any I, Karen Lambert, do solemnly swear that Commissioners of the County of person who causes to be Weld, State of Colorado,pursuant constructed a structure within the am the Publisher of the Fort Lupton Press; to Colorado statute and the Weld unincorporated areas of Weld County Home Rule Charter, is County shall pay impact fees to that the same is a weekly newspaper printed vested with the authority of Weld County, at the time of the administering the affairs of Weld issuance of building permit: 1) A and published in the County of Weld, State County, Colorado, and capital expansion fee of$575 per WHEREAS ,the Board of County dwelling unit, as that term is of Colorado, and has a general circulation Commissioners,on December 28, defined in Section 23-1-90 of this 2000,adopted Weld County Code Code,or$95 per 1,000 square feet therein; that said newspaper has been Ordinance 2000-1, enacting a of total floor area for a comprehensive Code for the non-dwelling unit structure;and 2) published continuously and uninterruptedly County of Weld, including the A stormwater drainage p P y codification of all previously infrastructure feeof $300 per in said county of Adams for a period of more adopted ordinances of a general dwelling unit, or $300 per 1,000 and permanent nature enacted on square feet of total floor area for a than fifty-two consecutive weeks prior to the or before said date of adoption, non-dwelling unit structure,for any Y and property (including commercial, firstpublication of the annexed legal notice WHEREAS the Weld County industrial and agricultural) located g Code is in need of revision and within any urban area as defined or advertisement; that said newspaper has clarification with regard to and recognized by Weld County, requirement terms, and and/or if development on the been admitted to the United States mails as THEREFORE, therein. property f requires the D EDE byF the aB ofIT submission . a stormwater ORDAINED by the Board of drainage plan. Sec. 5-8-5(1. Time second-class matter under the provisions of County Commissioners of the of impact fees obligation and the act of March 3, 1879, or any County of Weld,State of Colorado, payment.A.After the effective date that existing Chapter 5 Revenue of this Article, any person or amendments and that said and Finance, of the Weld County government body who causes the thereof, Code be,and hereby is, repealed construction of a structure within newspaper is a weekly newspaper duly and re-enacted,with amendments, the unincorporated areas of Weld to read as follows. County shall be obligated to pay CHAPTER 5 REVENUE AND the capital expansion fee and qualified for publishing legal notices and FINANCE ARTICLE VIII drainage infrastructure fee, advertisements within the meaning of the Capital Expansion Fee and pursuant to the terms of this Stormwater Drainage Infrastructure Article. The impact fees shall be laws of the State of Colorado. That the Fee Sec.5-8-10.New growth and determined and paid to the development.The Board of County Department of Planning Services annexed legal notice or advertisement was Commissioners projects that there at the time of issuance of a will be a significant amount of new building permit for the published in the regular and entire issue of growth and development in the development. The impact fees p 9 unincorporated areas of Weld shall be computed separately for every number of said weekly newspaper for County, Colorado, over the next the amount of construction activity twenty (20) years. Sec. 5-8-20. covered by the permit, if the of 1 consecutive insertion(s); Need for capital expansion and building permit is for less than the the period and stormwater drainage infrastructure. entire development.The obligation that the first publication of said notice was in The Board of County to pay the impact fees shall run Commissioners has determined with the land. B.Any person who, er the issue of newspaper, dated 15th day of that the projected new growth and prior to the effective date of this rf p P development in the unincorporated Article and, as a condition of June, 2005, and the last on the 15th day of areas of Weld County, Colorado, development approval, agreed to will require a substantial expansion pay the impact fees required June, 2005. in County owned capital herein,shall be responsible for the improvements, including, but not payment of the fees under the limited to, the Weld County Jail terms of any such agreement.Sec. and other general government 5-8-60. Appeal of imposition of facilities, and in stormwater impact fees.The only remedy for a drainage infrastructure. Sec. person applying for a building 5-8-30. Revenue and fees. permit who wishes to appeal the A.Additional revenue needed. imposition of the impact fees Existing revenue generated by the required herein snail be an appeal projected new growth and to the Board of County development in the unincorporated Commissioners utilizing the areas of Weld County will not be procedures set forth in Section adequate to fund the needed 2-4-10 of this Code. BE IT capital improvements and FURTHER ORDAINED that the stormwater drainage infrastructure Clerk to the Board be,and hereby necessary to accommodate the is,directed to arrange for Colorado projected new growth and Code Publishing to supplement the development. B. Proportionate Weld County Code with the share policy. In order to address amendments contained herein, to this problem, the County has coincide with chapters, articles, determined that new land divisions, sections, and development activity in the sub-sections as they currently exist unincorporated areas of Weld within said Code; and to resolve — J County shall bear a proportionate any inconsistencies regarding -" - -p�� r-. _!'� share of the cost of the provision of capitalization, grammar, and . r \G —1 • C �`''L capital improvements and numbering or placement of Publisher;'Subscribed and sworn before me, this the stormwater drainage infrastructure chapters, articles, divisions, required by such development.C. sections,and sub sections in said 13th Of,iJune, 2005. Impact fee method. The County Code. BE IT FURTHER , has determined that the imposition ORDAINED by the Board if any : rt of impact fees in the section, subsection, paragraph, l a r'-';7-'1 JiJ }t 1.') unincorporated areas of Weld sentence,clause,or phrase of this f County is one(1)of the preferred Ordinance is for any reason held or ) t j .'1.' r methods of regulating land decided to be unconstitutional `' l ezy ^. development in order to ensure such decision shall not affect the that new development bears a validity of the remaining portions proportionate share of the costs of hereof. The Board of County Notary Public. thecapital improvements and Commissioners hereby declares stormwater drainage infrastructure that it would have enacted this necessary to accommodate new Ordinance in each and every development, and promoting and section, subsection, paragraph, protecting the public health,safety sentence, clause, and phrase s .-.. 'Sion v .'..•-- and welfare. D. Authority. The thereof irrespective of the fact that V W u"- County has the authority to adopt any one or more sections, r-1 impact fees to pay for the capital subsections, paragraphs, improvements and stormwater sentences, clauses, or phrases CASE NO.370231 key 13685 might be declared to be unconstitutional or invalid. NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2005-7 published above, was introduced and, on motion duly made and seconded, approved upon first reading on June 1,2005.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 June 27, 2005. 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 charding@co.weld.co.us. SECOND READING: June 27, 2005, at 9:00 a.m. THIRD READING: July 18, 2005, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 10, 2005 PUBLISHED:June 15,2005,in the Fort Lupton Press CASE NO.370231 key 13685 Hello