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ORDINANCE NO. 89-Y
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CERTAIN
SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD COUNTY
ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES,
TERMS, AND REQUIREMENTS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, 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 has the power and authority
under the Weld County Home Rule Charter and State statute, including Article 28
of Title 30, CRS, to adopt zoning regulations for the unincorporated areas of the
County of Weld, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has
previously adopted Ordinance No. 89, Weld County Zoning Ordinance, establishing
a comprehensive revision of the zoning regulations and zoning maps for
unincorporated areas of the County of Weld, and has adopted amendments in
Ordinances No. 89-A through 89-X, and
WHEREAS, said Ordinance No. 89, as amended, is in need of revision and
clarification with regard to procedures, terms, and requirements therein, AND
WHEREAS, the Board has determined that it is necessary to enact this
Ordinance in order to affect a change which allows use of a minor subdivision in
districts zoned other than A (Agricultural) and an immediate change is necessary
to avoid inconsistency in the application of this policy, to the extent possible.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld
County, Colorado, that certain existing sections of said Ordinance No. 89, as
amended, are repealed and re-enacted, with amendments, and the various sections
are revised to read as follows:
Amend Section 31.2.2 to read:
One (1) SINGLE FAMILY DWELLING UNIT on a parcel of land
created under the provisions of Section 11 of Weld
County Subdivision Ordinance.
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 invalid or unconstitutional, such decision shall not affect the validity
of the remaining portion. The Board of County Commissioners hereby declares that
it would have passed the Ordinance, and each 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.
BE IT FURTHER ORDAINED by the Board that the passage of this Ordinance is
found and determined to be an emergency under the provision of Section 3-14 of
the Weld County Home Rule Charter.
B 1373 REC 02324762 ORD89Y
03/11/93 15 :54 $000 1/002
F 1507 MARY ANN FEUERSTEIN CLERK & RECORDER.WE 931629
LD CO, CO
EMERGENCY ORDINANCE NO. 89-Y
PAGE 2
The above and foregoing Emergency Ordinance No. 89-Y was, on motion duly
made and seconded, adopted by the following vote on the 8th day of March, A.D. ,
1993.
/{//��I / d ' 1� BOARD OF COUNTY COMMISSIONERS
ATTEST 1 J?J 1/I ikei j Li j WEL'// COUNTY, COLORADO //
Weld County Clerk to the Board -62-r J(�'��ihre `uf
/ Constance
y/L.A �N
� )
Harbert,1 Chairman
BY: / 4 i
Deputy Cl, rk tG he Bo W. H Webster, -Tem
hr
APPROVED A r V.
eorgeo . Baxter
EXCUSED
County Attorney Dal K. Hall /
/ Barbara J. Kirkmeyer
Read and Approved: March 8, 1993
Published: March 11, 1993, in the Windsor Beacon
Effective Date: March 8, 1993
B 1373 REC 02324762 03/11/93 15 :54 $0 .00 2/002
F 1508 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
0RD89Y
HEARING CERTIFICATION
DOCKET NO. 93-12
RE: AMENDMENTS TO WELD COUNTY ZONING ORDINANCE, EMERGENCY ORDINANCE NO.
89-Y
A public hearing was conducted on March 8, 1993 at 9:00 A.M. , with the
following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall - Excused
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department Director, Chuck Cunliffe
The following business was transacted:
I hereby certify that pursuant to a notice dated February 17, 1993, and
duly published February 18, 1993, in the Windsor Beacon, a public hearing
was conducted to consider amendments to the Weld County Zoning Ordinance,
Emergency Ordinance No. 89-Y. Lee Morrison, Assistant County Attorney,
made this a matter of record. Chuck Cunliffe, Planning Department
Director, entered the favorable recommendation of the Planning Commission
into the record as written. Mr. Cunliffe explained the purpose of the
amendment is to delete minor subdivisions in the A (Agricultural) Zone
District, and allow them only in Estate or Residential Zones. Mr.
Morrison read the text of Ordinance No. 89-Y. There was no public comment
given. Commissioner Baxter moved to approve Ordinance No. 89-Y on an
emergency basis. Seconded by Commissioner Webster, the motion carried
unanimously.
This Certification was approved on the 10th day of March, 1993.
APPROVED:
ATTEST: / � Maven BOARD OF COUNTY COMMISSIONERS
ATTEST://
alkU// VV WELD COUNTY, COLORADO
Weld County Clerk to t e Board Q/
/ /
By: / c Constance L. Harbert, Chairman
Deputy C e k to the Board- q
{ mil 1 ,z>A1j f
W. H Webster, Pro-Tem
TAPE #93-08 ,c .
L /J
eorge . Baxter
DOCKET #93-12
EXCUSED
Dales K. Hall
0RD89-Y
t/1 .li / .t A
arbara J.
Kir meye
ORD89Y
r
ORDINANCE NO.99-Y WHEREAS,the Board Rule Charter.
has determined that it is AFFIDAVIT OF PUBLICATION
IN THE MATTER OF necessary to enact this The above" and
THE REPEAL AND RE- Ordinance in order to foregoing Emergency
ENACTMENT, WITH affect a change which Ordinance No. 89-V STATE OF COLORADO
AMENDMENTS OF allows use of a Mnor was, on motion duly
CERTAIN SECTIONS, subdivision in districts made and seconded, ss
AND THE ADDITION zoned other than A adopted by the following COUNTY OF WELD
OF CERTAIN (Agricultural) and an vote on the Mb day of
SECTIONS TO Immediate change is Mardi,A.D.,1993. I, KEITH HANSEN, of said County of Weld, being duly
ORDINANCE NO. 89, necessary to avoid
WELD COUNTY inconsistency in the ATTEST: DONALD D. sworn, say that I am publisher of
ZONING ORDINANCE, application of this WARDEN,Weld County
AS CURRENTLY to the eidenipos Ss. Clerk to the Board WINDSOR BEACON
AMENDED, REVISING
AND ADDING NOW, THEREFORE, BY: Carol A. Harding,
CERTAIN BE IT ORDAINED by Deputy Clerk to the a weekly newspaper having a general circulation in said
PROCEDURES, the Board of County Board County and State, published in the town of WINDSOR,
TERMS, AND Commissioners of Weld in said County and State; and that the notice, of which
REQUIREMENTS County,Colorado,that APPROVED: Thomas
certain existing sections 0. David, County the annexed is a true copy, has been published in said
BE IT ORDAINED BY of said Ordinance No. Attorney weekly for_/_successive weeks, that the notice
THE BOARD OF 89, as amended, are was published in the regular and entire issue of every
COUNTY repealed and Fe- BOARD OF COUNTY number of the paper during the period and time of
COMMISSIONERS OF enacted, with COMMISSIONERS, P P
WELD COUNTY, amendments, and the WELD COUNTY, publication, and in the newspaper proper and not in a
COLORADO: various sections are COLORADO supplement, and that the first publication of said notice
revised to read as was in said paper bearing the date of the
WHEREAS,the Board follows:
L. harbert, P P
of County Chairman /. (M
Commissioners of Weld Amend Section 31.2.2 W.H.Webster,Pro-Tem day of I/ta e_—cit.--. , A.D., 19 s z and
County, Colorado, to read: One (1) George E.Baxter
the last publication bearing the date of the
pursuant to Colorado SINGLE FAMILY Dale K.Hall,Excused
statute and the Weld DWELLING UNIT on a Barbarea.Klrkmeyer
County Home Rule parcel of land created day of A.D., 19_ and
—Charter, is vested withunderLN
the provisions of Published In the that the said WINDSOR BEACON has been published
the authority of Section 11 of Weld Windsor Beacon on continuously and uninterruptedly for the period of 5
administering the etleos county Subdivision March 11,1993. P Y
once consecutive weeks, in said County and State, prior to the
of Weld County, date of first publication of said notice, and the same is a
Colorado,and BE IT FURTHER
ORDAINED by the newspaper within'the meaning of an Act to regulate
WHEREAS, the Board Board, If any section, printing of legal notices an advertisements, approved
of County subsection,paragraph, May 18, 1931,and all prior cts ar as in force.
Commissioners has the sentence, clause or
power and authority phrase of this Ordnance
under the Weld County
Home Rule Charter and is for any reason held or 4-771
Stele statute, including decided to be Invalid or �J-lunconstitutional, such ` P LISHER
Article 28 of Title 30, decision shall not affect
CRS, to adopt zoning the validity of the ! 9�/t,�
regulations for the remaining portion.The Subscrib4d and sworn to before g me this OC day
unincorporated areas of Board of County of ,q.,4 � 19 !-3
the County cf Weld,and Commissioners herebydecla ��r/
WHEREAS, the Board have es that it would ✓\J YHMti
have passed the ,. '
of County Ordinance, and each' NOTARY PUBLIC
Commissioners of Weld phrase thereof, ff��
Count, Colorado, has irrespective of the fact \ 3t / .2 / 914,
previously adopted that any one or more My commission expires -.r�^'[A
Ordnance No.89,Weld / '
County Zoning sections, subsections.
Ordinance. establishing
paragraphs,sentences,
clauses, or phrases
a comprehensive
revision of the zoning mightbe declared to be
unconstitutional
regulations and zoning valid.
mm or
maps for unincorporated i �'
areas of the County of BE IT FURTHER
Weld, and has adopted ORDAINED by the
amendments in Board that the passage •
Ordinances No. 89-A of this Ordinance is
through 89-X,and found and determined to -
be an emergency under
WHEREAS, said
d the provision of SectionOrdina
89,
amended, is in need d d. o of determinedf tnd aan
an
revision and clarification emecy to underbe he
with regard to emergency the
the Weld Ceursy Hems
procedures,terms,and
requirements therein.
AND
NOTICE OF PUBLIC HEARING
Docket 1/93-12
The Board of County Commissioners of Weld County, Colorado, will conduct a public
hearing at 9:00 A.M. , on Monday, March 8, 1993, in the Chambers of the Board of
County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915
10th Street, First Floor, Greeley, Colorado, for the purpose of considering
amendments to the Weld County Zoning Ordinance as summarized below:
Section 31.2.2
One (1) SINGLE FAMILY DWELLING UNIT on a parcel of land created
under the provisions of Section 11 of Weld County Subdivision
Ordinance.
All persons in any manner interested in the proposed amendments to the Weld
County Zoning Ordinance are requested to attend and be heard.
Materials pertaining to the proposed amendments are available for public
inspection in the office of the Clerk to the Board of County Commissioners,
located in Weld County Centennial Center, 915 Tenth Street, Third Floor, Greeley,
Colorado, Monday through Friday, 8:00 A.M. to 5:00 P.M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly K. Miller, Deputy
DATED: February 17, 1993
PUBLISHED: February 18, 1993, in the Windsor Beacon
AFFIDAVIT OF PUBLICATION
• Chamber* of the STATE OF COLORADO
NOTICE Or Pali Beard el County ss
DUN. oomntiseloners of COUNTY OF WELD
The Board of County Weld County,
Colorado, Weld
Commissioners of I, KEITH HANSEN, of said County of Weld,being duly
Weld County, County Centennial
Corner, 915 10th sworn,say that I am publisher of
Colorado,will awtdtict Street First Floor,
a public hearing at Greeley,Cokaedo,for WINDSOR BEACON
9.00 AM.,on Merely, the purpose of
•
Mesh 8, 1993, In*le considering
a weekly newspaper having a general circulation in said
amendments to the
Weld County Zoning County and State, published in the town of WINDSOR,
Ordinance as in said County and State; and that the notice, of which
st nenarlzed below: the annexed is a true copy, has been published in said
weekly for_ _successive weeks, that the notice
Saelion 31.22 was published in the regular and entire issue of every
- One (1) SINGLE number of the paper during the period and time of
FAMILY DWELLING publication, and in the newspaper proper and not in a
UNfI on parcel of land supplement, and that the first publication of said notice
crested under the was in said paper bearing the date of the
provisions of Seciton
11 of Weld County 1*day of 9--...44.4c,, , A.D., 19 93 and
Subdivision
Ordkance the last publication bearing the date of the
All persons in any day of , A.D-, 19 and
manner interested in that the said WINDSOR BEACON has been published
the proposed continuously and uninterruptedly for the period of 5
amendments to the
Weld County Zoning consecutive weeks,in said County and State,prior to the
Ordinance are date of first publication of said notice, and the same is a
requested to attend newspaper within the meaning of an Act to regulate
and be heard. - printing of legal notices an advertisements, approved
Materiels pertaining to May 18, 1931,and all prior cts ar as in force.
the proposed /
amendments are
-
available for public
inspection in the office ° P LISHER
of the Clerk to the
Board of County ;O
of
Commissioners, Subscri d nd sworn to before me this /'u. day
located in Weld of �" 19 9-5
County Centennial
Center, 915 Tenth
W
Street, Third Floor, NOTARY PUBLIC
Greeley, Colorado, .
Monday through Friday, 8:00 a.m. to My commission expires 2./ % 4 .
_ BOARD OF COUNTY
COMMISSIONERS,
WELD COUNTY,
COLORADO
' BY: DONALD D.
WARDS, WELD -
COUfITY CLERK TO
THE BOARD
BY: Shelly K. Miller,
Deputy
►abYaloe In the
Me Seaton on
FsMwran,ten. ,
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bill O'Hare that the following resolution be introduced for passage by
the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission the proposed amendment to Section 31.2.2 of the Weld County Zoning
Ordinance be approved for the following reasons:
1. The existing Zoning Ordinance is in need of revision.
2. The proposed section will be consistent with the future goals and needs of
the County as set out in the Weld County Comprehensive Plan.
3. The proposed amendment will be consistent with the overall intent of the
Weld County Zoning Ordinance.
Motion seconded by Juliette Kroekel.
VOTE:
For Passage Against Passage
Jean Hoffman
Bill O'Hare
Judy Yamaguchi
Juliette Kroekel
Shirley Camenisch
Bud Clemons
The Chairman declared the resolution passed and ordered that a certified copy,
along with the proposed amendment, be forwarded to the Board of County
Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, do
hereby certify that the above and foregoing Resolution is a true copy of the
Resolution of the Planning Commission of Weld County, Colorado, adopted on March
2, 1993.
D. ed the rd of March, 1993
Sharyn F. 'uff
Secretary
mEmoRAnDum
WIIIC Weld County Planning Commission March 2, 1993
To Date
Department of Planning Services ('1 �
ro COLORADO From Proposed
`�
Proposed Amendment to Section 31.2.2 of the Weld my Zoning
Subietilitivance
The Department of Planning Services recommends that the proposed amendments be
approved for the following reasons;
1. The existing Zoning Ordinance is in need of revision.
2. The proposed section will be consistent with the future goals and needs of
the County as set out in the Weld County Comprehensive Plan.
3. The proposed amendment will be consistent with the overall intent of the
Weld County Zoning Ordinance.
PROPOSED ZONING ORDINANCE AMENDMENT
Amend Section 31.2.2 to read:
One (1) SINGLE FAMILY DWELLING UNIT on a parcel of land created
under the provisions of Section 11 of the Weld County Subdivision
Ordinance.
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