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HomeMy WebLinkAbout931375.tiff ORDINANCE NO. 147-C AR247406J IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS TO CERTAIN MAPS TO ORDINANCE NO. 147, WELD COUNTY COMPREHENSIVE PLAN ORDINANCE, AS CURRENTLY AMENDED 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 has the power and authority under the Weld County Home Rule Charter and Article 28 of Title 30, CRS, to adopt planning goals and policies 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. 147, Weld County Comprehensive Plan, establishing a comprehensive revision of the planning goals and policies for the unincorporated areas of the County of Weld and has adopted amendments in Ordinance No. 147-B, and WHEREAS, the proposed Comprehensive Plan revision has been reviewed by the Weld County Planning Commission and the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Weld County hereby finds and determines that there is a need for a revision of the Comprehensive Plan for the County of Weld, and that this Ordinance is for the benefit of the health, safety, and welfare of the people of Weld County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that the existing Urban Growth Boundary map of the Weld County Comprehensive Plan be repealed and re-enacted to show the reduced size of the Urban Growth Boundary areas and is incorporated by this reference. 2474068 B-1529 P-581 01/31/96 11:36A PG 1 OF 3 REC DOC 00 Weld County CO Clerk & Recorder 931375 ORD147 RE: ORDINANCE NO. 147-C PAGE 2 BE IT FURTHER ORDAINED by the Board, that certain existing Sections of Ordinance 147, as amended, are repealed and re-enacted, with amendments, and the various sections are added, revised, or deleted to read as follows: Amend the second paragraph of the URBAN GROWTH BOUNDARIES Section of the Comprehensive Plan on Page 30 to read: An Urban Growth Boundary area is located in close proximity to a municipality. Within urban-growth boundaries, municipal-type uses and services are planned, and annexation may occur. Urban Growth Boundary areas are shown on the County's adopted Urban Growth Boundary map. The size of urban growth boundaries has been set at one-half mile from an area which a municipality is providing required utilities such as public water and public sewer. Annexations which extend beyond the municipality's ability to provide these utilities shall not be considered in the urban growth boundary area. Goals and policies within the urban growth boundaries are intended to address the development of land on the border of a municipality. They are also intended to promote harmonious and mutually beneficial uses of land among the various jurisdictions in and around Weld County. Delete the third paragraph of the URBAN GROWTH BOUNDARIES Section of the Comprehensive Plan on Pages 30 and 31. BE IT FURTHER ORDAINED by the Board that this Ordinance No. 147-C, insofar as it is the same as Ordinance No. 147, as amended, is intended to be a continuation of the prior ordinance and not a new enactment. BE IT FURTHER ORDAINED by the Board that all land use applications received by Weld County after the date of the first reading of Ordinance No. 147-C (November 17, 1993) shall be reviewed and considered by Weld County in accordance with the newly re-enacted map as ordained herein and text as adopted in this Ordinance No. 147-C. 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 anyone or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 2474068 8-1529 P-581 01/31/96 11:36A PG 2 OF 3 tii1375 ORD147 RE: ORDINANCE NO. 147-C PAGE 3 The above and foregoing Ordinance Number 147-C was, on motion duly made and seconded, adopted by the following vote on the 22nd day of January, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 7jetejil�: •,. \` t �it Lief l �, _ '(NAY) ,� SrBarba J. Kirkmeyer, it y ( Id • y Clerk to the Board i � „ ��F*�>/�f (NAY) Ie ore Baxter, ro- m U����j �( uty Clerk the Board (NAY) Dale K. Hall APPROV,E=D AS TO FORM: 2 /"2f.fria-0 we/ ��? o�se" (NAY) Const ce L. Harbert ounty fit me� C/ v / / d �% '1 12 i (NAY) Webster First Reading: November 17, 1993 Publication: November 25, 1993, in the Windsor Beacon Second Reading: December 6, 1993 (Tabled for revision of Comprehensive Plan) Second Reading: December 27, 1995 Publication: January 11, 1996, in the North Weld Herald Final Reading: January 22, 1996 (Denied) 2474068 B-1529 P-581 01/31/96 11:36A PG 3 OF 3 931375 ORD147 Memorandum To: Board of County Commissioners CC: Carol Harding, Bruce Barker, and Lee Morrison From: Monica Daniels-Mika Date: January 10, 1996 Subject: Ordinance.>'nt /1/7 Recently, there has been some confusion over the second reading of Ordinance j 9 '7& LZ3a- This Ordinance proposed a change to the definition of Urban Growth Boundaries, however instead of hearing this Ordinance the Commissioners moved, at the first reading, to table this issue until after the completion of the Weld County Comprehensive Plan. As you know, this issue was addressed in the Comprehensive Plan, so it is no longer necessary to continue the second reading. Therefore, in order to maintain consistency with the New Comprehensive Plan, a response of Nay"No" to a motion to approve on third reading would be appropriate at the hearing on January 22, 1996. The intent of this memo was to provide clarification for Ordinance LZSC- / q P7G . I73c AFFIDAVIT OF PUBLICATION ORDINANCE NO.147-C IN THE MATTER OF THE REPEAL AND RE- STATE OF COLORADO ENACTMENT,WITH AMENDMENTS TO CERTAIN SS. MAPS TO ORDINANCE NO. 147,WELD COUNTY COUNTY OF WELD COMPREHENSIVE PLAN ORDINANCE, AS CURRENTLY AMENDED - I, Bruce J. Bormann, of said County of Weld, being duly Mt IT ORDAINED BY THE BOARD OF COUNTY sworn, say that I am Publisher of COMMISSIONERS OF THE COUNTY OF MELD, STATE OF COLORADO: THE NORTH WELD HERALD WHEREAS, the Board of County Commissioners of the County of Weld, IMP, el a weekly newspaper having a general circulation in said Colorado,H,pmersu le to Colorado Is v statute and WIDIMM County and State, published in the Town of Eaton, in said Cooly Home Rule chador,a vested ash the el administering the affairs of Weld County,CAS. County and State; and that the notice, of which the annexed is NW a true copy, has been published in said weekly newspaper for WHEREAS, the Board of County - pelnmlaewraM hes the power and aulhapy milet Me OW successive weeks, that the notice was published NNW County Home Rule Charter and Adds 25 M TM in the regular and entire issue of every number of the paper SE,CRS,to adopt Mewing goals and posctee Mr the P P wikorporat dareasoftheContyofWeld,Ma. during the period and time of publication, and in the WHEREAS, the Board of ceanty newspaper proper and not in a supplement, and that the Commissioners of Weld County, Colorado, has publ'cation of said notice: glwiousy adopted Ordinance No. 147,Weld Cai my Comprehensive the Plan, establishing a comprehensive for , /f _ A o ///%_ /_ /f NMelon.of the planning goals and polkas for Ito /l�J(,(/r'ld! �(J 7/ (.� �(Q+ ivy unlmoorporated areas of the County of Weld and has adad amendments In Ordinance No.147-B,and was in said newspaper bearing the date(s) of: WHEREAS,the proposed Comprehensive / ,.r/ ')�'_�`.'`�_'�J PMI revision has been reviewed by the Weld Coffey Thursday,the t ry day of / , 1996 Pynaing Commission and the Board of County Ca Isslonen'and Thursday,the day of , 1996 WHEREAS, the Board of County Co missioners of Weld County hereby finds and Thursday,the day of , 1996 dstesaines that there is a need for a revision of the CMMwailelwNe Plan for the County of Wald,and that Thursday,the SSS Ordnance is tor the benefit of the health,salary,and y, day of , 1996 wuhes of the people of Weld County. NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of the County of and that the said THE NORTH WELD HERALD has been Weld,State of Colorado,that Me existing Urban Growth published continuously and uninterruptedly for the period of 52 Boundary mop of the Weid County Comprehensive Plan be repealed and re-enacted to show the reduced size of consecutive weeks, in said County and State, prior to the date the Urban Growth Boundary areas and is incorporated by this reference. of first publication of said notice, and the same is a newspaper within the meaning of an Act to regulate printing of legal notices and adverti ments, approved a 18, 1931, and all prior acts so far force. BRU J.BORMANN, PUBLISHER Vol ' tit -) Subscribed and sworn to before me this /5th day ERIKA C. of anucul.�, , 19 Ala rat' BAGLEY F o , o a f COO N TARY�11 PUBLIC My commission expires OCt06R 2/ /999 BE K PINKIE*O1rAMiO try Os t9eest world his eieWad Ws Ordnance M emir sad emery OW ceSin MINN,Seem et Or/Mhpr 147,as NN*sae bale t fomOapq a eases area,eled t aarsadee, ase /s!!Pafed anal ss aMelsd, with more a noweet IubsectM d IM Mein*tt see amendments,and the various sections are added, mat ions, rases might be declared Wielailla revised,or deleted to read as follows:- deeeas, or phrases be declafMd.'M kW m remelt Uiorud or invalid. Amend the second paragraph d the URBAN GROWTH BOUNDARIES Section of the Comprehensive Plan on TM Wove and foregoing Oaths*NNW ___ Pepe 30 to read: - 1474 was,on motion duly made and seconds*Sped bathe blowing vole on the 22nd day of damamwY.14D.,. An Urban()novaBoundary area M tooMMin MN. close proximity to a municipality. Siln uroan-growlh boundaries,WinkleBOARD OF COUNTY COMMISSIONERS uses and services are.planned; iMFiDCOIrdTY,COLORADO annexation may occur. Urban BambaaJ,Keeney*,Boundary arms am shown on themlamsyar,Chair(NAY) adopted Urban Growth Bou day my, �teaser, Y) er,Pm-Tam(NAY) site of urban grown boundaries MP Maas L. Hatt set a one-half mis from an area ! Condemn t..Herbed(NAY) municipality Is providing required w'µ Webster(NAY) such as public water and public ATTEST: Annexations which extend.beyo bed Weld C6unly Clakb the Board nspdcipaMy's ability to provide these shed not be c/rrsidsrsd in are urban�/1Is SY: boundary ares. goalsand policies rafts Ospuy Cork N the Bob urban growth boundaries are intender is address the.devetomnenLOMOCLallt APPROVED AS TO FORM: border of a-municipality. They are Intended to promote harmonious ant Owen*Attorney mutually bearclaruses at land rr various jurisdictions in and around Fair Pleading: November 17,19S3 County. PrEtieetbn: November 25,1993,In the Windsor Beacon Ithe.Wra Paragraph of 11N URBAN GROOM Second Reading: December 8,1993(Tabled for million S Section d the ComprehvpMe P en d Comprehensive Plan) ♦ UNN and 31. Second Reading: December 27,199S BE IT FURTHER ORDAINED by the Owe Publication: January 11,1998,h the None Weld Herald $l Ids Ordruncs No. 147-C,Nobs ae a is the sap .•Qewnbe No.147,as amended,le Wendel Mira a Final RaMbg• r.mary oo toe Marshal aMdsraalion of the prior ordinance and not as 4afYrant. ... BE K FURTHER ORDAINED by Me BNB Nd el land use spplbHas flatted by.Mid Ow* INN Da de d the find road*of*Soo No.tom{) Elsuerfbsn 17,1003)MS be Sowed end tonal* WS County in Woordenoe oath the newly re.epyad IIMP a ordained herein and text as adapted b Ala OraWce No.147-C. BE IT FURTHER ORDAINED by the Board, I any section,subssebn,paragraph,semanco,Sues, a Ms of Ibis ordinance le for any reason held or OBM1ad to be uncenwpdbnai,mob(Nolen elea nor Baal BM validly al the re nalNna patio:MIna The Board el County Commissioners hereby flaws riot H Continued to next page.... PMn ter ate Corr N Dos tia third Ordnance Ia ter MN Wass GROWTH IN THE MATTER OF bentit eat ttie taithh, BOUNDARIES Section Aye eery,and welkin of of the Comprehensive THE 1IIMEAL A lYlTf H s• people of Weld pop on Pages 90 and AFFIDAVIT OF PUBLICATION panty. AMENDMENTS TO se. CERTAIN MAPS TO HOW, THEREF M IT FURTHER STATE OF COLORADO ICANCE Nft. IT ORDAINE 1NED by the ss WELD the Board of C that land-use COUNTY OF WELD COMMIEHE .siE commissioners a�ulions received alterBrt•as first wading C UIR p E N I. V eWradoW that ea Ordinance 147-C, I, KEITH HANSEN, of said County of Weld, being duly MEWED eaadng Urban 1hM N reviewed and sworn,say that I am publisher of Nandary map eeeeldered i^ DE IT QRD,AINW$Y Weld • Cam Ce5dance with the WINDSOR BEACON THE BOARD OF Cenprehengve PlOS newt re-enacted map C O O NTY was andre end adopted text" COMMEMIONEM I OF to show the reddJ�1}�a ossared herein. a weekly newspaper having a general circulation in said THE COUNTY OF Dab b the County and State, published in the town of WINDSOR, WELD. STATE OF Growth Boundary area M IT FURTHER COLORADO: and is incorporeal, ORDAINED by the in said County and State; and that the notice, of which amierence• seed that this the annexed is a true copy, has been published in said WHEREAS,the BRAN sow us i No.a same weekly for_ successive weeks, that the notice of CeMtty � IT FURTHER sow a a is the carts Ceausaionera of the ORDAINED by 'tine r Ordinance No. 147, was published in the regular and entire issue of every Coney of Weld.Stela d Bond, that carsta asrasnded,is intended number of the paper during the period and time of cargo,pursuant la elating Seething el to be•continuation of publication, and in the newspaper proper and not in a Celeesdo statute end Ordinance 147, as De prior ordinance and Maid County Spa ambrlded are repel not a new enactment. supplement, and that the first publication of said notice Rau Ohartn,Is Veal and re-enacted,Mr was in said paper bearing the date of the with the authorial of amendments,ant a BE IT FURTHER onalli 2 ace County. various section Dr• O by the �l,,� el weld County, oda. revised, Or eel land uw day of P "C.ern-µ�Z" , A.D., 19 and Oat-'b.and dealed to fe t s waived by the last publication bearing the date of the as Ina WHEREAS,the BUN l the first rearing Wort W CMMty Amend the aril deli a as fi day of A/)., 19_ and Cemesawners he is pMe�rap" of Ma W OHNertee Nc l /° that the said WINDSOR BEACON has been published parer and auto eW yREdiD' GRD/[N 4 !e5.b•r t7, hasp continuously and uninterruptedly for the period of 5 udder tM Weld t el dr AR pr denies ;aliened reviewed ant time Skis etas sad Mcite ComPrshsawa by aid consecutive weeks,in said County and State, prior to the Ana 20 of Title Rr, ilen'on Page M M County in accordance date of first publication of said notice, and the same is a t�71Mla adopt planing uss : with the newly re- newspaper within the meaning of an Act to regulate a a1:� Ilia end policies be mated scum am tag printing of legal notices an advertisements, approved arena we of theotpa Coact An Urban area Is • � Sind ci Is Nd in 8f a titan Or adopted in . May 18, 1931,and all prior cts ter as in force. Ordinance No.1a7C. AS,are BUNparity pality. t R an BE IT FURTHER 21 // el Cont_ u ru r b a n-growth ORDAINED by the �L�./..( Om to elon•fe of IMM- beandwiee,mutti - Band,If any section. ' P LISHER CaatM,Colorado-kin pip use ant aoS MA•ection,paragraph, prentusb ado►Nl sa• planned. .and sentence, clause, w 7Ift G•""'"" No, lag, lemoodpn may Sit at••o•of this Ordhrwo Subscribed and sworn to before me this /U day Went cou• Udtbiw Grant BoutiMpy a for any reason holder of 'b.€O itthtt 19 Cewsrehensive Pa•, mugs sn shown an too decided to be e egaashing • adopted unconstitutional,web ����� ._S� �/,..mry� ores decision chap not Meat .Y iJ} d ng gateTaa •`a of � the validity of the NOTARY PUBLIC and policies for the awwak bound•dUtM5 remaining portions ' tsarraerP•n�area M of u oneaMlBdiph tlteol. The BoaN N My commission expires ^ 2� y Commiseiews hU now of adopted a municipcillry_ �haerseebdy declares Ns OF ph!N HT M% sdUUments MSara in each el Isil RYan�ler lA>_ Orrrance No. t 4T-B. packing� prima sectits. VELD C •don:No~ and wadi and public OItD1r. a _1 M area a A^rauations tsWh radon,Para?•Mi. CCEORnoo W� WHEREAS, ate sentence, clause.ant eaa, , „..„.bey a lit• thereat O•aotance L. H p..r P o s e d sal' diryy au . phnae ad"' Bansnd Rearms: Comprehensive vsion Pan prUlds thee—uti •s Mu t anyone of the l l W.N. ^ a.HIM revision has bare tilt nisi to constant sect anyone reor all W.H. Webster. i4 Deana revloard by the Wald Macs urban grawsi sections,aubeacdeae. TM i' , -Skirt woe Gamy manse, area. ass paragraphs,seniors, Ma lie E.Baxter .- lard Coati as ion Corny and Ise sad,ryudea wino b elan t be er phiromis Dalt Digdeclared wife aria Ridings*' _ peMiaewa,and b-1es we h repaid unconstitutional or Final R iIETEST: ` A._ 20,1 te address f tIa YrwYld• Mew County motto teMERE:AS, the owinBODO dasAt/border rt of kills a WE n the I. et - Cowin pr of a The above and reward - I. Coniesionere of RIZ ssyssyhy, Thep ace foregoing Ordinano COOMISIdy link anf eon intended te Number 147.O was,et tes it*at Dec Y,ff. made or Et ty Clerk a nett w eBwwHn w �;�'y dsA aBeN .• "MH ,: the Gnh mpeeetw vies of lens M the Nita to you an as ales eta as a mi dg er moos. 'A} p1tED sll'n se so an r e and around- Weld AD.,UM. OweAWNS N•vawbr Cosh. BessrBv to 2a,/Ma.r ORDINANCE NO 147- safety, and welfare of 4Iet1 the third a the people of Weld �''' r�seraph of the County. �IItBAN GROWTH IN THE MATTER OF R NDARIES Section THE REPEAL AND RE- NOW, THEREFORE, of the Comprehensive ENACTMENT, WITH BE IT ORDAINED, by Plan on Pages 30 and AMENDMENTS TO the Board of County 31. CERTAIN MAPS TO Commissioners of the AFFIDAVIT OF PUBLICATION ORDINANCE NO. 147, County of Weld,State of BE IT FURTHER WELD COUNTY Colorado, that the ORDAINED by the COMPREHENSIVE existing Urban Growth Board that land-use STATE OF COLORADO PLAN ORDINANCE,AS Boundary map of the applications received ss CURRENTLY Weld County before the first reading COUNTY OF WELD AMENDED Comprehensive Plan be of Ordinance 147-C repealed and re-enacted ll be reviewed and BE IT ORDAINED BY to show the reduced Ibaidered In I, KEITH HANSEN, of said County of Weld, being duly THE BOARD OF size of the Urban .,aordance with the sworn,say that I am publisher of C 0 U N T V Growth Boundary areas *goy re-enacted map COMMISSIONERS OF and is incorporated by oil adopted text THE COUNTY OF this reference. fillijainedherein. WINDSOR BEACON WELD, STATE OF COLORADO: BE IT FURTHER .4. IT FURTHER a weekly newspaper ORDAINED by the a Pap having li a general the of in said WHEREAS, the Board Board, that certain GMDdINEth by the County and State, published in the town of WINDSOR, bad that this of county existing Sa 147,a af E�1Aklanee No. 147-C,earns in said County and State; and that the notice, of which Commissioners of the Ordinance as tint as it is the same the annexed is a true copy,County of Weld,State of amended, are repealed p,, has been weeks, that thin notice Colorado, pursuant to and re-enacted, with •ordinance No; 147, weekly for __successive that the notice ieheta continuation intended Colorado statute and amendments, and the he be a continuation of was published in the durin and entire issue of every the Weld County Home "various sections are Syior ordinance and number of the paper during the period and time of Rule Charter, is vested added, revised, or with the authority of deleted to read as sane,enecanem. publication, and in the newspaper proper and not in a with etarine the affairs : RE IT FURTHER supplement, and that the first publication of said notice of Weld County, Q RAINED by the was in said paper bearing the date of the Colorado,and Amend the second Bard that all land use n paragraph of the �ipons received by c -Sdft) � , A.D., 19 f 3 WHEREAS, the Board URBAN GROWTH weld county before the day of - r {aµ.ng the and c• County BOUNDARIES Section of the first reading the last publication bearing date of the Commissioners has the of the Comprehensive lance No. 147-C power and authority Plan on Page 30 to Ileelrember 17, 1993) day of under the Weld County read: flag be reviewed and y A.D., 19 hed Home Rule Charter and detaltldered by Weld that the said WINDSOR BEACON has been published Article 28 of Title 30, An Urban Growth qty in accordance continuously and uninterruptedly for the period of 5 CRS, to adopt planning Boundary area is 1e1M the newly re- consecutive weeks,in said County and State, prior to the goals and policies for located in close esetetl ma the unincorporated proximity to a p as date of first publication of said notice, and the same is a an`eted herein and text newspaper within.the meaning of an Act to regulate areas of the county of municipality. Within es adopted in this Weld,and urban - growth Oe/aanee No 147-. printing of legal notices an advertisements, approved boundaries, municipal- pp WHEREAS, the Board type uses and services 7.7-- M ay 18, 1931, and all prior cu ar as in force. of County are planned, and IT FURTHER Commissioners of Weld annexation may occur. ORDAINED by the County, Colorado, has Urban Growth Boundary EMS. if any section, Milmectio previously adopted areas are shown on the alancen, paragraph, c „( i Ordinance No. 147, County's adopted Urban phisbaYnoe Weld County Growth Boundary map. lib.i of this Ordinance Comprehensive Plan, The size of urban du fed reason held e establishing a growth boundaries has aflq�{etl to be r Subscribed and sr Orn to before me this .�rP t day comprehensive revision been set at one-half n shall not affect 19, 3 of the planning goals mile from an area which tM validity of the .p` and policies for the ■ municipality is ramelnine portions �`unincorporated areas of providing required hat The Board of w NO �z1w� the County of Weld and utilities such as public 4afaY Commissioners . PUBLIC has adopted water and public sewer. bra,declares that It �n amendments in Annexations which My commission expires .a �f Q� Ordinance No. 147-B, extend beyond theOrdina have enacted this P �-r�t r / and municipality's ability to ^ce in each and / • provide these utilities every section, WHEREAS, the shall not be considered subsection, paragraph, proposed in the urban growth phrase thereof sentence,clause, and M94eetber BOARD OF GOUN7'Y T4T: Lcr.1 b ale Comprehensive Plan boundary area. Goals A Beata revision has been and policies within the thatirres anyone of the fact COMMI$$IONERi, i�ounry Nrp reviewed by the Weld urban growth that or more WELD cOUNTr. f� bty " County Planning sections, subsections, DORADO Second. Reading: boundaries are intended December e,1993 Commission and the to address the paragraphs,sentences, BY: Publication: December Board of County development of land on clauses, or phrases Constance L. Harbert, Depute Clete rg t 9, 1993,ine Windsor Commissioners,Co p might be dedared to be Chairmen Boar the border of a unconstitutional or W. H. Wishner, Pro- Beacon municipality. They are invalid. T WHEREAS, the Board also intended to - APPROVED AS" To Final Reading: : of County promote harmonious The above and Dila K HO Decetnba[20.1993 Commissioners of Weld and mutually beneficial foregoing Ordinance Barbra J. Publication: December County do erminerres dtaby fi thernds e s uses of land among the Number 147-C was,;gn � M 23,1993,in the Windsor various jurisdictions in motion duly made sad A++rfM: Beacon a need for a revision of and around Weld mooed, adopted by - County. YNl wing vote an the E6ective: December Plan for the County of 2B,199e Weld, and that this Mlb day of December, - - Ordinance is for the AD.-1993. Publi bM its. the benefit of the health, ovem N inns en November 26, Dame t a fait —.. 1 V IM YI VU' November 18, 1993 Lee Morrison Asst. Weld County Attorney A h V Dear Lee, 4 I agree to either return or replace the Waste Water Systems map which I have entered as evidence for the Board of County Commissioner's hearings. Thank you for your cooperation. Since Ed Orr "Let us help you put your brand �V on a ranch or farm." ORA LAND i CO11/IPANY 801 8th Street, Suite 230 Greeley, Colorado 80631 (303) 351-8777 i '.•. J - -.S_i'aia`+►�a-�aas�tl.-<�FIE�tEe��lEttwi��:�' December 6 , 1993 To: Weld County Commissioners From: Bob Winter , President Weld County Farm Bureau Dear Commissioners: As I have had a previous commitment prior to your December 6 , 1993 hearing on Urban Growth Boundaries. I would like to express some of my concerns to you about the change in the Urban Growth Boundaries from three miles to one-half mile. Thanks to you Mrs. Kirkmeyer and Mrs. Harbert I have a copy of the Weld County Comprehensive Plan dated March 24, 1992. After reading these guidelines, and that is what they are; I don ' t see any reason to change the Urban Growth Boundaries at all . It does seem that in the previous hearings that the planning department is ready and willing to do whatever it takes to limit growth in Weld County . As stated in your comprehensive plan, one can always apply for whatever one wishes and it is left up to the planning commission to make any recommendation is sees fit , for or against . Farmers and Ranchers have planned their retirements on the future growth to allow for the appreciation of their farms which would allow them a decent retirement. Not only have the farmers planned for the future, the water districts have purchased water to handle future growth . Fire Districts have purchased Fire Apparatus and other equipment to handle growth in their respective municipalities. Every entity has planned for future growth and now is not the time to arbitrarily deny the people of Weld County the opportunity to benefit from such growth. Your planning department continues to arbitrarily be authorities on what is considered PRIME AGRICULTURAL LAND. I wonder if they are certified Agriculturalists from any University or Company to know what is PRIME AGRICULTURAL LAND is? It states in your comprehensive plan that consideration of highest and best use is a portion of the criteria for determining the out come of any development . This is a little bit of a grey area, as it seems to be left op to the discretion of the planning department . (4-..1Xiiiiiirte, off, i '-mod If there is to be a limit on growth , there are many other factors that will limit growth. Water availability for growth. Jobs for the people to purchase the new housing . The number of company' s entering Weld County with a need for more employees. Changes in major infrastructures in the state within Weld County . Utilities capability or capacity to handle growth . These are only a few examples of limiting factors that will limit growth . We in Weld County don' t have to be following the federal government ' s lead in trying to know what is best for the people. We don' t have to have the planning department know what is best for Weld County. We need to let FREE ENTERPRISE work efficiently to create the needed growth for all of the people of Weld County . Weld County Farm Bureau has one thousand twenty-six members which equates to over two thousand voters. Our policy in Farm Bureau is to allow FREE ENTERPRISE to work efficiently in all aspects of agriculture and other businesses. We in Farm Bureau believe that government is to be run of the people, by the people, for the people. Not of the government , by the government , for the government. Creating more hurdles for farmers, developers, and other entrepreneurs to get through , will only allow more bureaucracy to perpetuate itself. You have been asking for people to help the planning department , and to become involved in the rewrite of the Comprehensive Plan . Then it would seem appropriate to wait until it has been rewritten before you change your requirements and limitations for a new Urban Growth Boundary . Another consideration, of this moving of the boundary is the possibility of a Taking of Private Property Rights without Just Compensation. As in the Lucus case in South Carolina last summer the Supreme Court awarded the state to give Mr . Lucus "Just Compensation" for the loss of value to his real-estate because of a change in governmental regulation. We have enough regulations . Let' s just leave this alone until the new revised Comprehensive Plan is rewritten. Thank You . Sincerely , Bob Winter , President Weld County Farm Bureau EXHIBIT-3, i Ord /'/,7--GJ November 15, 1993 To: WELD COUNTY COMMISSIONERS WELD COUNTY PLANNING COMMISSION As a concerned citizen and landowner in Southern Weld County, I request that the Commission and Planning Commission not redefine the urban growth boundaries for Minor and Estate Subdivisions from the existing 3 mile radius of an incorporated City or Town to within k mile of an existing incorporated City or Towns ' sewer service as has been proposed. I believe this step takes away more of the ownership rights as well as the devaluation of properties. The proposed change will also affect the planned growth within the County. The existing criteria is reasonable and has not created any adverse effects. Signed: A concerned Citizen & Landowner j?1,-Z2sr C,/tig-Let h (rte. Sam S. Funakoshi 6757 Weld County Road 23'/2 Fort Lupton, Colorado 80621 EXHIBIT oiG/ November 16, 1993 To: Weld County Commissioners Weld County Planning Commission As a concerned citizen and homeowner in Southern Weld County, I am requesting that the Commission and Planning Commission not redefine the urban growth boundaries for Minor and Estate Subdivision from the existing 3 mile radius of an incorporated City or Town to within mile of an existing incorprated City or Town sewer service as has been proposed. I believe this step will take away more of the ownership rights as well as devaluation of property. The proposed change will also affect the planned growth within the County. The existing criteria is reasonable and has not created any adverse effects. Signed: a concerned citizen and homeowner, X T\Cb . V OJI4- Brenda K. Kast 160 Kahil Place Fort Lupton, Co 80621 EXHIBIT November 15, 1993 Ofd To : Weld County Planning Commission Weld County Commissioners The undersigned concerned citizen request the Weld County Planning Commission not to redefine the urban growth boundaries for Minor and Estate Subdivisions from the existing three ( 3 ) mile radius of an incorporated city or town to within 1/2 mile of an existing incorporated city or towns sewer service as has been proposed. The effect of this proposed change will virtually stop all planned growth within the County. The existing criteria is reasonable and has not created any adverse effects. As an owner of a 80 acre farm I feel my ownership rights of a property have been violated by backdoor tactics . In the future I hope the County officials will be more considerate about informing the people of Weld County of such important issues . Respectively Submitted, / Donald Rosenbrock 3286 WCR 23 Fort Lupton, CO 80621 ilre2.4 si ice 1 , , pf y t ® November 15, 1993 i EXIT 1 J;" • I x• Ccl ( p-C Weld County Planning Dept • Weld Administrative Office 1400 N 17th Avenue Greeley, Co 80632 Pax: 351-0978 Gentlemen: Concerning the proposed change to Weld County Comprehensive Plan, "Minor Subdivision" in an Urban Growth Boundary now defined as a distance of 3 miles from the boundary of an incorporated city or town. It in my understanding that the Planning Department and County Commissioners are considering reducing the 3 mile radius to a 1/2 mile of the outermost boundary of a towns sower service or boundary. I feel very strongly that the current 3 mile limit is reasonable to control development and handle concerns of growth within the county. I understand and agree with the concerns of controlling development in order to maintain the agricultural demands and needs of the county. The county also offers a rich history and friendly small town environment that needs preservation. As an active Realtor in Weld County and a past resident of the Port Lupton area, I have experienced the demand for properties in Weld County and the concerns of rapid growth. We must be reasonable and wise in the approach of limiting or controlling development. The Current proposal seems neither reasonable or wise. We can all agree that the demands of development are knocking at Weld Counties door. This is a very serious issue that requires much study. I believe the current 3 mile boundary is fair and reasonable and that better planned subdivisions or other reasonable regulations on development should be studied. Example: if one of the concerns is Water for domestic use, then a study of this concern should be implemented; would a community well to service the development be beneficial, maybe, maybe not, but the idea is to continue some reasonable growth and address the issues one by one in order to create better communities. • ��y-yl��pr��1 •''�� 1° norlhwosl,inc. 12000 pocos stroel wosiminstor,colorado 80234 ofico phone: (303)457.4000 • rach Olncu Indopondonlly Owned•,.J Opel Nod The majority of purchasers for small acreage properties, want the rural environment either for lifestyle or the enjoyment of a few horses, ' 4-H projects, etc. These new residents to the county increase revenues for the cities, large and small business within our cities and even increase revenues for small and large farmers and ranchers in the community as well as the counties tax base. Livestock is a multi-million dollar industry and an active part of Weld Counties agricultural base, with wise• decisions that are reasonable to control development all industries in our county will prosper. The current proposal wilr?Io more harm than good over the long run and I am confident that Weld County Planning Department and County Commissioners can implement a new proposal working with the 3 mile boundary currently in place and that a new creative and and progressive plan is at our fingertips. Thank you, Toni L. Thiemuu Broker Associate RE/MAX Northwest, Inc. (303) BBB-1555 • EXHIBIT • 5 i Zadel & Associates Realty, Inc. 311 Grant Avenue • P.O. Box 90•Firestone, Colorado 80520 (303) 833-3012 •Metro (303)659-0092 • FAX (303) 833-3054 if u.' Greg Zadel CRS-GRI i Broker Licensed Appraiser Tuesday, November 09, 1993 Weld County Board of County Commissioners P.O.Box 758 Greeley, Co. 80632 Dear Commissioners: RE: Minor Subdivisions I understand that you will be discussing a proposed change to the Weld County Comprehensive Plan regarding the development of minor subdivisions. The current 3 mile boundary is adequate and should not be reduced. The demand for these type of properties is high and the County should not artificially impose barriers to the marketplace. I encourage you to deny this proposed change. i Sincerely, 4 Gre Zadel i X N 8%1 j e. e m Q ` I._ MSS = o� "Professional Real Estate Service" - =" r Zadet & Associates Realty, Inc. 311 Grant Avenue• P.O. Box 90 • Firestone,Colorado 80520 833-3012• Metro 659-0092• FAX 833-3054 November 12 , 1993 Weld County Board of County Commissioners P. O. Box 758 Greeley, CO 80632 Dear Commissioners: I am writing in connection with the Planning Commission hearing scheduled for November 16 & 17, 1993 concerning a change in the Weld County Comprehensive Plan affecting minor subdivisions in the county. To restrict the urban growth boundary to within one-half mile of the outermost boundary of a town's sewer service will deny future home ownership to a very large number of potential tax payers in Weld County. People who buy in the minor subdivisions do so because they want to live in "rural" Weld County, not within the confines of a town or city! Restriction of growth should remain at the current three-mile boundary. That is adequate and definitely should not be reduced. Thank you for your consideration. Al The Bes , Dula jase'X2----/ Carralee Somers Sales Associate Y E it,IT w 75,757 [ ® Q kit "Professional Rea Estate Service" Zauel & Associates Realty, Inc. 311 Grant Avenue• P.O. Box 90• Firestone,Colorado 80520 833-3012•Metro 659-0092• FAX 833-3054 November 12, 1993 Weld County Board of County Commissioners P. O. Box 758 Greeley, CO 80632 I Dear Commissioners: I am writing in connection with the Planning Commission hearing scheduled for Tuesday, November 16, 1993 concerning a change in the Weld County Comprehensive Plan affecting minor subdivisions in the county. To restrict the urban growth boundary to within one-half mile of the outermost boundary of a town's sewer service will deny future home ownership to a very large number of potential tax payers in Weld County. People who buy in the minor subdivisions do so because they want to live in "rural" Weld County, not within the confines of a town or city! Restriction of growth should remain at the current three-mile boundary. That is adequate and definitely should not be reduced. Thank you for your consideration. Sincerely, .-&zt- Ginza - Betty D. Close Sales Associate EXHIBIT f e ? ad/97 I ^^ ° I ML$ "Professional Beal Estate Service" �,�• November 16, 1993 Weld County Board of County Commissioners Centennial Services Building P. 0. Box 758 Greeley, CO 80632 RE: Proposed Urban Growth Boundary Change Dear Commissioners : As a Weld County property owner and taxpayer, I have a big concern about the proposed change from three miles to one-half mile for the Urban Growth Boundary. It appears that Weld County Government is trying to "close the gate" and stop all further growth. Without growth, my property values are destined to remain constant and at agricultural values . It is important that the County have controlled growth, but is it fair or equitable to stop virtually all growth? America was built upon the spirit of freedom, but the direction I see with this change is to take one more right away from the individual and his property rights . If this change is allowed to pass, I would encourage you to look seriously at reducing your staff in the Planning Department. Our taxes should not be used to pay salaries for people not being productive. Please accept my thoughts in the spirit intended. Sincerely, EN k Qt David C. Conner EXHIBIT J. L. SEARS & ASSOCIATES INC. REAL ESTATE November 16, 1993 Weld County Board of County Commissioners Greeley, CO Greetings: I am writing to express my concerns over a proposed change regarding the defined urban growth boundaries established in Weld County. The current boundary is a 3 mile radius from the limits of an incorporated city or town. I understand that the proposal is to reduce this boundary to a radius of 1/2 mile from the town's sewer system. This proposal seems to be overly restrictive and not particularly conducive to "controlled" growth in the county; rather, it appears to be an effort to kill this type of development completely. If enacted, a developer would have little choice but to apply for annexation to the nearest town, effectively allowing the county officials to wash their hands of the issue. I realize and support the goal of the Weld County Comprehensive Plan to preserve productive agricultural lands. A defined urban growth boundary of 3 miles seems adequate and reasonable, 1/2 mile does not. There is a reasonable balance between development and preservation of agricultural lands. Let's try to manage growth rather than kill it. Sincere , Kirk Goble Broker J.L. Sears &Associates, Inc. EXHIBIT ly 7-c 303/857-2930 - 303/629-0432 - 303/785-2291 140 DENVER AVENUE-FORT LUPTON,COLORADO 80621 November 15, 1993 Weld County Board of County Commissioners Centennial Services Building P.O. Box 758 Greeley, CO 80632 Dear Commissioners, This letter is to protest the proposed change to the Comprehensive Plan to allow Minor Subdivisions only within 1/2 mile from a city's sewer line. I cannot imagine where an idea like this originated. I am sure that this proposal did not come from the land owners in the county. Here we go again, the government is taking away more of the land owners rights. I am a professional in the real estate field who has been dealing with farmers and land owners for 30 years and I have never talked to any land owner who wanted more restrictions to have to deal with. Every time that a land owner has to give up one of his rights, it reduces the value of his property. When dealing with a proposal like this, I first like to ask myself 'how would all of the land owners who own land outside the city limits would vote on this, if they had the opportunity?' These are the people that you represent. What are their desires? Has the public really been notified? Have the land owners been asked for their input? I hope that you will realize that South Weld County is in for a period of growth. Not everyone wants to live in the city. We need rural subdivisions to meet the needs of our citizens. Our present method of regulating subdivisions seems quite restrictive enough as it is now. It is working adequately now, so I urge you to leave the rules on subdivisions alone and do not change them. Sincerely, Burl Van Buskirk Associate Broker Phone 785-2291 J.L. Sears & Associates, Inc. 140 Denver Ave. Fort Lupton, CO 80621 EXHIBIT DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N.• 17TH AVENUE GREELEY, COLORADO 8063131 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, November 16, 1993, at 1:30 p.m. , to review a request for approval of an amendment to the Weld County Comprehensive Plan. The proposed amendment will repeal the existing Weld County Urban Growth Boundary map and re-enact a new Urban Growth Boundary map. The size of the Urban Growth Boundaries are proposed to be reduced from three miles from a municipality' s incorporated boundary to one-half mile from an area that a municipality is providing required utilities such as public water and sewer. The text of the Urban Growth Boundaries' Section of the Weld County Comprehensive Plan is also proposed to be amended to reflect the reduced size of the Urban Growth Boundary areas. Notice is also hereby given that land-use applications received after the date of the final Planning Commission decision regarding the newly re-enacted Urban Growth Boundary area map and amended text in the Comprehensive plan shall be reviewed and considered in accordance with the newly re-enacted map and adopted text. The public hearing will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments related to the above map or amendments should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on November 16, 1993. Copies of the proposed amendments and map are available for public inspection in the Department of Planning Services, 1400 N. 17th Street, Greeley, Colorado, - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon. To be published one (1) time by November 4, 1993. Received by: Date: 3038333054 'ADEL REALTY 433 P01 N0V 12 '93 12:55 Zadel 8 Associates Realty, Ina 311 Grant Avenue•P.O.Box 90•Firestone,Colorado 80520 833-3012•Metro 659-0092•FAX 833-3054 November 12, 1993 Weld County Board of County Commissioners P. O. Box 758 Greeley, CO 80632 Dear Commissioners: am writing in connection with the Planning Commission hearing scheduled for Tuesday, November 16, 1993 concerning a change in the Weld County Comprehensive Plan affecting minor subdivisions in the county. To restrict the urban growth boundary to within one-half mile of the outermost boundary of a town's sewer service will deny future home ownership to a vary large number of potential tax payers in Weld County. People who buy in the minor subdivisions do so because they want to live in "rural" Weld County, not within the confines of a town or city! Restriction of growth should remain at the current three-mile boundary. That is adequate and definitely should not be reduced. Thank you for your Consideration. Sincerely, Betty >;. Close Sales Associate kik „professional Real Estate Service" N0V 12 ' 93 12: 58 3038333054 PAGE . 001 3038333054 ?ADEL REALTY 436 P01 NOV 12 '93 16:37 Zadel & Associates Realty, Inc. 311 Grant Avenue•P.O.Box 90•Firestone.� 520 833-3012 Metro 6594092•FAX$33-3054 c-, November 12, 1993 Weld County Board of County Commissioners P. O. Box 758 Greeley, CO80632 Dear Commissioners: I am writing in connection with the Planning Commission hearing scheduled for November 16 & 17, 1993 concerning a chan a in the Weld Count com rehensive Plan affectin m nor su visions in a coun • To restrict the urban growth boundary to within one-half mile of the outermost boundary of a town's sewer e ruservservice ce will deny future home in WeldhCounty.to a very People who buy in the potential b tax pay minor subdivisions do so because they want to live in "rural" Weld County, not within the confines of a town or t the current r Restriction ofThha is Should adequaterandin definitely Should three-mile boundary.not be reduced. Thank you for your consideration. All The Best, Carralee Somers Sales Associate C • AILSQ "Professional Real Estate Service" NOV 12 ' 93 16: 40 3038333054 PAGE . 001 mEm®RAn®urri WI`D€• Chuck mentiofe To Department of Planning Serm�ces November 16, 1993 COLORADO From Bruce T. Barker, Weld County Attorney Subject. Ordinance Number 147-C I recommend the following language for the ordinance "BE IT FURTHER ORDAINED" : BE IT FURTHER ORDAINED, by the Board that all land use applications received by Weld County before the date of the first reading of Ordinance 147-C (November 17 , 1993) shall be reviewed and considered by Weld County in accordance with the newly re-enacted map as ordained herein and text as adopted in this Ordinance 147-C . If you have further questions, please feel free to call me on extension 4390 . Thank you. ��7 1 Bru�T C rker f Weld County Attorney BTB/db Ordinance, 147-C Page 2 Amend the second paragraph of the URBAN GROWTH BOUNDARIES Section of the Comprehensive Plan on Page 30 to read: An Urban growth boundary area is located in close proximity to a municipality. Within urban-growth boundaries, municipal-type uses and services are planned, and annexation may occur. Urban growth boundary areas are shown on the County's adopted Urban Growth Boundary map. The size of urban growth boundaries has been set at one-half mile from an area which a municipality is providing required utilities such as public water and public sewer. Annexations which extend beyond the municipality' s ability to provide these utilities shall not be considered in the urban growth boundary area. Goals and policies within the urban growth boundaries are intended to address the development of land on the border of a municipality. They are also intended to promote harmonious and mutually beneficial uses of land among the various jurisdictions in and around Weld County. Delete the third paragraph of the URBAN GROWTH BOUNDARIES Section of the Comprehensive Plan on Pages 30 and 31. BE IT FURTHER ORDAINED, by the Board that land-use applications received before the first reading or Ordinance 147-C shall be reviewed and considered in accordance with the newly re-enacted map and adopted text contained herein. BE IT FURTHER ORDAINED, by the Board that this Ordinance No. 147-C, insofar as it is the same as Ordinance No. 147 as amended, is intended to be a continuation of the prior ordinance and not a new enactment. BE IT FURTHER ORDAINED, 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 and invalid. 3038333054 ?RDEL REALTY 417 P01 N0V 09 '93 09:20 Zadel & Associates Realty, Inc. 311 Grant Avenue•P.O.Box 90•Firestone,Colorado 80520 (303)833-3012•Metro(303)659-0092•MX(303)833-3054 "S. Greg Zadel CRS-on 8bker Limited Appraiser Tuesday, November 09, 1993 r Weld County Board of County Commissioners P.O.Box 758 MC/ r Greeley, Co. 80832 Dear Commissioners: RE: Minor Subdivisions I understand that you will be discussing a proposed change to the Weld County Comprehensive Plan regarding the development of minor subdivisions. The current 3 mile boundary Is adequate and should not be reduced. The demand for these type of properties is high and the County should not artificially impose barriers to the marketplace. I encourage you to deny this proposed change. Sincerely, Id El MiS "Professional Real Estate Service" N0U 9 ' 93 9: 23 3038333054 PAGE. 001 RE/MAX NORTHWEST TFI No .303 252 8133 Nov 16 ,93 9 :22 No .002 P .02 i _, ,r4'r - .,, rn ^'Is�_o' November 15, 1993 Weld County Board of commissioners centenial Services Building P.O. Box 958 Greeley, Co 80632 Fax: 352-0242 Gentlemen: concerning the proposed change to Weld County Comprehensive Plan, "Minor Subdivision" in an urban Growth Boundary now defined as a distance of 3 miles from the boundary of an incorporated city or town. It is my understanding that the Planning Department and county commissioners are considering reducing the 3 mile radius to a 1/2 mile of the outermost boundary of a towns sewer service or boundary. I feel very strongly that the current 3 mile limit is reasonable to control development and handle concerns of growth within the county. 1 understand and agree with the concerns of controlling development in order to maintain the agricultural demands and needs of the county. The county also offers a rich history and friendly small town environment that needs preservation. As an active Realtor in Weld County and a past resident of the Fort Lupton area, I have experienced the demand for properties in Weld county and the concerns of rapid growth. We must be reasonable and wise in the approach of limiting or controlling development. The current proposal seems neither reasonable or wise. We can all agree that the demands of development are knocking at Weld Counties door. This is a very serious issue that requires much study. I believe the current 3 mile boundary is fair and reasonable and that better planned subdivisions or other reasonable regulations on development should be studied. Example: if one of the concerns is water for domestic use, then a study of this concern should be implemented; would a community well to service the development be beneficial, maybe, maybe not, but the idea is to continue some reasonable growth and address the issues one by one in order to create better communities. WAIN( northwest,Inc. 12000 pSoos Street westmtnster,colorado 60234 office phone:(309)457-4800 Lieu.Mee k d,p.nd..wy Owned and°W OW N0V 16 ' 93 9: 18 i I 303 252 8133 PRGE . 002 - 7 RE/MAY NORTHWEST TFL No .303-252-8133 Nov 16 .93 9 :22 No .002 P .03 The majority of purchasers for small acreage proeerties, want the rural environment either for lifestyle or the enjoyment of a few horses, 4-H projects, etc. These new residents to the county increase revenues for the cities, large and small business within our cities and even increase revenues for small and large farmers and ranchers in the community as well as the counties tax base. Livestock is a multi-million dollar industry and an active part of Weld Counties agricultural base, with wise decisions that are reasonable to control development all industries in our county will prosper. The current proposal will 3o more harm than good over the long run and I am confident that Weld County Planning Department and County Commissioners can implement a new proposal working with the 3 mile boundary currently in place and that a new creative and and progressive plan is at our fingertips. Thank you, Toni L. Thieman Broker Associate RE/MAX Northwest, Inc. (303) 888-1555 N0V 16 ' 93 9: 19 I� 303 252 8133 PAGE . 003 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the proposed amendments to the Weld County Comprehensive Plan and Urban Growth Boundary Area Map, be approved as amended to show the size of the Urban Growth Boundaries be set at one-half mile from a municipality' s boundary. Motion seconded by Bill O'Hare VOTE: For Passage Against Passage Bill O'Hare Shirley Camenisch Juliette Kroekel Tom Rulon Bud Clemons Ron Sommer Marie Koolstra Richard Kimmel The Vice-Chairperson declared the resolution passed and ordered that a certified copy along with the proposed amendments and map, be forwarded to the Board of County Commissioners for further proceedings. I, Becky Schoenfeld, Recording Secretary for 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 November 16, 1993. Dated the 16th of November Becky Schoenfeld Secretary URBAN GROWTH BOUNDARIES Each municipality in the County, together with the urban uses located on its border, is in reality a single community requiring an extensive system of urban services. The most efficient method to plan for and provide required urban services at the lowest cost to the taxpayer is for urban development to occur in the municipalities , thus avoiding the duplication of services and discouraging the formation of special districts and . other authorities to provide urban services. Also, municipal governments are accountable for most services required to support a developed area, whereas, it may require several special districts, each accountable for a specific service, to support the same developed area outside of a municipality. An urban growth boundary area is located in close proximity to a municipality. Within urban-growth boundaries, municipal-type uses and services are planned, and annexation may occur. Urban growth boundary areas are shown on the County' s adopted futurc land use URBAN GROWTH BOUNDARY map. The siae of the urban growth boundaries have been set at three (3) miles to eonform with Weld County' s policy of referring land use proposals for review and comment to any ,;yz *[₹k'2131t*A*M$NIMAi4f1*$5*I 2OV*I#I*7fO* REPTY142439,*IYPIritivillkli *Sifeli*AS*FINNAC*MAZERHANDk*R114141,G*S&Tdig&***ANNEW110-141>*44-idaik i+Lt4Ot' THE*MWN₹@IBAkf'€fS*Palki51le-cniiS&PRAWAIDEmTME$E*WTI'IITIES*SUALL '&*B,** *Ia*T&E*WggQA7akgelall* ANN*;AF,4* Goals and policies within the urban growth boundaries are intended to address the development of land on the border of a municipality. They are also intended to promote harmonious and mutually beneficial uses of land among the various jurisdictions in and around Weld County. 46C MEMORAnDU luRe Planning Commission Members November 9, 1993 To Date Chuck Cunliffe, Director C ��^ Q' ' 1 COLORADO From '••�nJI `�` Comprehensive Plan Amendments Subject: - The Department of Planning Services' staff recommends that the proposed amendment and revised map be approved for the following reasons: 1. The existing Comprehensive Plan is in need of revision as proposed. Urban uses continue to develop further and further from areas served by municipalities. Municipalities continue to annex property that is not serviced by the city's infrastructure. The reduction of the Urban Growth Boundary areas will reduce the potential for conflicts between agricultural uses and residential, commercial, and industrial uses. Urban uses and development will be directed toward the existing municipalities which can provide urban services. 2. The proposed amendment will be consistent with existing and future goals, policies, and needs of the County. This amendment encourages the existing commitment expressed in the Comprehensive Plan to conserve natural and managed resources while directing growth and enhancing economic development. 3. The proposed amendment will not place a burden upon existing or planned service capabilities. The reduction of the Urban Growth Boundary areas encourages and promotes the most efficient method to provide urban services at the lowest cost to the citizens of Weld County. Infrastructure expenditures will be reduced by directing urban uses and development toward existing municipalities. This amendment will also discourage the formation of special districts and other authorities to provide urban services outside of a municipality's existing and special service area which could result in a duplication of services with extra costs to the citizens of Weld County. URBAN GROWTH BOUNDARIES Each municipality in the County, together with the urban uses located on its border, is in reality a single community requiring an extensive system of urban services. The most efficient method to plan for and provide required urban services at the lowest cost to the taxpayer is for urban development to occur in the municipalities, thus avoiding the duplication of services and discouraging the formation of special districts and other authorities to provide urban services. Also, municipal governments are accountable for most services required to support a developed area, whereas, it may require several special districts, each accountable for a specific service, to support the same developed area outside of a municipality. An urban growth boundary area is located in close proximity to a municipality. Within urban-growth boundaries, municipal-type uses and services are planned, and annexation may occur. Urban growth boundary areas are shown on the County' s adopted future land use URBAN GROWTH BOUNDARY map. The ai.c of the urban growth boundaries have been set at three (3) miles to conform with Weld County' s policy of referring land use proposals for review and comment to any jurisdiction within 3 miles of the proposal. THE SIZE OF URBAN GROWTH BOUNDARIES HAS BEEN SET AT ONE-HALF MILE FROM AN AREA WHICH A MUNICIPALITY IS PROVIDING REQUIRED UTILITIES SUCH AS PUBLIC WATER AND PUBLIC SEWER. ANNEXATIONS WHICH EXTEND BEYOND THE MUNICIPALITY' S ABILITY TO PROVIDE THESE UTILITIES SHALL NOT BE CONSIDERED IN THE URBAN GROWTH BOUNDARY AREA. Goals and policies within the urban growth boundaries are intended to address the development of land on the border of a municipality. They are also intended to promote harmonious and mutually beneficial uses of land among the various jurisdictions in and around Weld County. A potential for land use conflict is created when jurisdictional boundaries become the source of differentiation for landuses. For example, this may-occur- when the County refers a request for mineral extraction-or livestock confinement to a municipality that has anne-x-e4 beyond the range e£ i-ts eap4-tel improvements program schedule and its ability to provide uti e-s such a^ public water and newer. When a land use referral rs made to a municipality heeauoc of an extended. annexation, eounty representatives may-consider, in part, the -type -of -public utilities and schedule for placement of the pubic utilities when reviewing the land use proposal. Urban service infrastructure expenditures represent an important investment in the future growth of the region and a commitment to the quality of life in our municipalities. Adequacy, efficiency, and economy of road construction, road maintenance, water supply systems, sewage disposal, storm drainage, and facilities for schools, fire, and police protection are fundamental concerns in evaluating uses within urban growth boundary areas. WELD COUNTY 1 ) .j ^,;`z`r� i I i t 'h • � URBAN GROWTH BOUNDARY 1 {. A-. i —T MAP PREPARED SY .^t S _ °y1 1 WELD COUNTY DEPARTMENT OF PLANNING SERVICES 1993 EXISTING INCORPORATED AREAS I'^S` I r { yA. { `r' ' ♦ - URBAN GROWTH BOUNDARIES r • - '2' ��1 • —i N 1 ( - t . NOTES Lrovier - specific mmM eincerninu teem miens miler le im + ' Comity NO Poe' 1 l_ }-`I Fee MI.land use within wt.erme(elm le the I mn emnan e1 P . e(e n l rr n,....ma 1.9. 1 .. 1O `l T I hI __1 _ .r, J. ���q1 , ! IY / O 2 ] 5 Il '‘‘ @415 E .y.--(...r__ EATON 1 MILES t9�6J�,4 1 1 t •1 urE. _ U O J•. -..._t .'L 'C_ < 1 1 ti= 1 -aF P EXHIBIT 'An 'N.,1 lit>tr t ••-',1_, 'ar L` _. A_UUE / 1 ] Ir V N �- f 1 �1 .. � r 'S V I °.y�� 1 17 irt� � � 1 r.�-_ I/ h � II..1±:-,t -1 _ u Id/ jJY C WVlEVL E. t �, o � ' 14 i 11 4 e - L „?...0__e__ L-1 }u �� E E Fr-r-T'"' 15 7 r ` r 0. • f.2_1,17 t } ~L 1Y.EEaf3 fs1 OED 1 '' ( e - ,a 45Y w nN_\1. mx --, I I ono f 1 r.. '1.) U Iv I:. kcv ..- •• '"j,v.,: "- 'i• . ''t-:1:_••: f:-C`.::tom. -1'•:: y iii: ' .';'•C • ` • WELD COUNTY n, \-- •fir:•�'+•.1•.,, ). e:Nsi' '1 ...} r. ,.,r, i'•'r r'11v- v • .. 1 URBAN• GROWTH BOUNDARY -"=r•I`, j \ ':.:, ) _ ; ;j. .__ _ "_V`-.:•� •t r MAP • l�,••1 r1! -.L.i .\r, _.r}lrL. h• `a::.l' If:: 5..<:.;1`' t—r'I}'' 'i;' '!'", ,,,.;'+''S.:• -;,.•1 h-•� _ :•1:-•;V-• . / I _'...••• !: i 1.•4'''V^ - 1.1 !ROWED BY •1�i,"\ { �.` ..1. \ ,•�-I` , �"Pt 4i!'.,,) •• .Jw'. ;'<'• •' .•''.\ -,'• ' WELD COUNTY DEPARTMENT OF :4•14,:,• 1..., +�7•,• `.' r, .., I _ __ 1 _ ••/' ] e s�''. +; _'I PLANNING SERVICES :�rf. �• .r,_. •• . it : .1. 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' • NELSON ENGINEERS 822 7TH STREET GREELEY, COLORADO 80631 (303)356-6362 November 16, 1993 Weld County Planning Commission 1400 North 17th Avenue Greeley, CO 80631 Dear Commissioners, Weld County and the Colorado Department of Health have promulgated extensive and detailed regulations with respect to individual sewage disposal systems. These regulations have been developed for the purpose of preserving the environment and protecting the public health, to eliminate and control the causes of disease, infection, and aerosol contamination; and to reduce and control the pollution of the air, land, and water. They further limit the installations to areas that are not feasible for connection to public sewer systems and to areas that are amenable to their use. These regulations, when used properly, ensure safe and adequate sewage treatment facilities. When systems are properly designed, installed, and administered in accord with these published regulations, they create little or no problems of sewage disposal with respect to public health and safety. It is only when facilities are installed improperly or in areas not adequate for absorptive systems that problems arise. The broader scope of public benefit, including effective and beneficial use of lands, should be the basis for positive decisions regarding the use of individual sewage disposal systems outside the boundaries of publicly sewered areas. As a registered professional engineer who is familiar with the published regulations and the design of individual sewage systems, I believe it is in the best interests of the citizens of Weld County to continue use of septic tanks and leach fields and/or evapotranspiration systems in accordance with the state and county published regulations. Respectfully, LaVern C. Nelson, P.E. • "(HIM a J. C- November 16, 1993 TO: Weld County Planning Commission The undersigned concerned citizens and Weld County Planning Task Force members agree and request the Weld County Planning Commission not to redefine the urban growth boundaries for Minor and Estate Subdivisions from the existing three (3) mile radius of an incorporated city or town to within 1/2 mile of an existing incorporated city or towns sewer service as has been proposed. The effect of this proposed change will virtually stop all planned growth within the County. The existing criteria is reasonable and has not created any adver�sse eff ts9 Signed: ( - -g - t 4-U Concerned cit zens arid Weld County 'mg Task Force me ers ( i 14--- 6In 76t k ,SaPS- Q"Fri‘ 7/vc -e-ya,-64-vgic-4 -5-c*e/imitr-- nisi'. C November 11, 1993 TO: Weld County Planning Commission The undersigned concerned citizens and Weld County Planning Task Force members agree and request the Weld County Planning Commission not to redefine the urban growth boundaries for Minor and Estate Subdivisions from the existing three (3) mile radius of an incorporated city or town to within 1/2 mile of an existing incorporated city or towns sewer service as has been proposed. The effect of this proposed change will virtually stop all planned growth within the County. The existing criteria is reasonable and has not created any adverse effects. Signed: concerned citizens and Weld County Planning Task Force members • C 77g psi ( -) 2 riEXHIBIT � � November 15, 1993 Weld County Planning Commissioners Weld Administrative offices 1400 N. 17th Avenue Greeley, CO 80631 Dear Commissioners, This letter is to protest the proposed change to the Comprehensive Plan to allow Minor Subdivisions only within 1/2 mile from a city's sewer line. I cannot imagine where an idea like this originated. I am sure that this proposal did not come from the land owners in the county. Here we go again, the government is taking away more of the land owners rights. I am a professional in the real estate field who has been dealing with farmers and land owners for 30 years and I have never talked to any land owner who wanted more restrictions to have to deal with. Every time that a land owner has to give up one of his rights, it reduces the value of his property. When dealing with a proposal like this, I first like to ask myself 'how would all of the land owners who own land outside the city limits would vote on this, if they had the opportunity?' These are the people that you represent. What are their desires? Has the public really been notified? Have the land owners been asked for their input? I hope that you will realize that South Weld County is in for a period of growth. Not everyone wants to live in the city. We need rural subdivisions to meet the needs of our citizens. Our present method of regulating subdivisions seems quite restrictive enough as it is now. It is working adequately now, so I urge you to leave the rules on subdivisions alone and do not change them. Sincerely, /g-b1,6 Burl Van Buskirk Associate Broker Phone 785-2291 J.L. Sears & Associates, Inc. 140 Denver Ave. Fort Lupton, CO 80621 + EXHIBIT Br J.L. SEARS & ASSOCIATES INC. REAL ESTATE November 16, 1993 Weld County Planning Commission Greeley, CO Greetings: I am writing to express my concerns over a proposed change regarding the defined urban growth boundaries established in Weld County. The current boundary is a 3 mile radius from the limits of an incorporated city or town. I understand that the proposal is to reduce this boundary to a radius of 1/2 mile from the town's sewer system. This proposal seems to be overly restrictive and not particularly conducive to "controlled" growth in the county; rather, it appears to be an effort to kill this type of development completely. If enacted, a developer would have little choice but to apply for annexation to the nearest town, effectively allowing the county officials to wash their hands of the issue. I realize and support the goal of the Weld County Comprehensive Plan to preserve productive agricultural lands. A defined urban growth boundary of 3 miles seems adequate and reasonable, 1/2 mile does not. There is a reasonable balance between development and preservation of agricultural lands. Let's try to manage growth rather than kill it. Sincere (), < 2t,tao Kirk Goble Broker J.L. Sears &Associates, Inc. EXHIBIT r lV� ✓H7 303/857-2930 - 303/629-0432 - 303/785-2291 140 DENVER AVENUE-FORT LUPTON,COLORADO 80621 November 15, 1993 To: WELD COUNTY COMMISSIONERS WELD COUNTY PLANNING COMMISSION As a concerned citizen and landowner in Southern Weld County, I request that the Commission and Planning Commission not redefine the urban growth boundaries for Minor and Estate Subdivisions from the existing 3 mile radius of an incorporated City or Town to within z mile of an existing incorporated City or Towns ' sewer service as has been proposed. I believe this step takes away more of the ownership rights as well as the devaluation of properties. The proposed change will also affect the planned growth within the County. The existing criteria is reasonable and has not created any adverse effects. Signed: A concerned Citizen & Landowner -27 z-c(/jc.n/t Sam S. Funakoshi 6757 Weld County Road 231/2 Fort Lupton, Colorado 80621 ,get itN November 16, 1993 To: Weld County Commissioners Weld County Planning Commission As a concerned citizen and homeowner in Southern Weld County, I am requesting that the Commission and Planning Commission not redefine the urban growth boundaries for Minor and Estate Subdivision from the existing 3 mile radius of an incorporated City or Town to within z mile of an existing incorprated City or Town sewer service as has been proposed. I believe this step will take away more of the ownership rights as well as devaluation of property. The proposed change will also affect the planned growth within the County. The existing criteria is reasonable and has not created any adverse effects. Signed: a concerned citizen and homeowner, da Icy Brenda K. Kast 160 Kahil Place Fort Lupton, Co 80621 lidit I ,-- November 15, 1993 To : Weld County Planning Commission Weld County Commissioners The undersigned concerned citizen request the Weld County Planning Commission not to redefine the urban growth boundaries for Minor and Estate Subdivisions from the existing three ( 3 ) mile radius of an incorporated city or town to within 1/2 mile of an existing incorporated city or towns sewer service as has been proposed. The effect of this proposed change will virtually stop all planned growth within the County. The existing criteria is reasonable and has not created any adverse effects. As an owner of a 80 acre farm I feel my ownership rights of a property have been violated by backdoor tactics . In the future I hope the County officials will be more considerate about informing the people of Weld County of such important issues . Respectively Submitted, Ll&I Donald Rosenbrock 3286 WCR 23 Fort Lupton, CO 80621 EXHIBIT Z. 64Q1 P/7c. Zadel & Associates Realty, Inc. 311 Grant Avenue•P.O.Box 90•Firestone,Colorado 80520 833-3012•Metro 659-0092•FAX 833-3054 November 12, 1993 Weld County Board of County Commissioners P. O. Box 758 Greeley, CO 80632 Dear Commissioners: I am writing in connection with the Planning Commission hearing scheduled for November 16 & 17, 1993 concerning a chap a in the Weld County Comprehensive Pi f minor subdivisions in icy,�.inQ To restrict the urban growth boundary to within one-half mile of the outermost boundary of a town's sewer service will deny future home ownership to a very large number of potential tax payers in Weld County. People who buy in the minor subdivisions do so because they want to live in "rural" Weld County, not within the confines of a town or city! Restriction of growth should remain at the current three-mile boundary. That is adequate and definitely should not be reduced. Thank you for your consideration. Al The Bes , Carralee Somers Sales Associate II4 4 I MO'? Ca pi 7c. L ® MLSI Cr "Professional Real Estate Service" Zacuci t"u Associates Realty, Ii.. . 311 (;win Avenue• P.O. Box 90 • Firestone,Colorado 80520 833-3012• Nteuo 059-0092 • FAX 833-3054 November 12, 1993 Weld County Board of County Commissioners P. O. Box 758 Greeley, CO 80632 Dear Commissioners: I am writing in connection with the Planning Commission hearing scheduled for Tuesday, November 16, 1993 concerning a change in the Weld County Comprehensive Plan affecting minor subdivisions in the county. To restrict the urban growth boundary to within one-half mile of the outermost boundary of a town's sewer service will deny future home ownership to a very large number of potential tax payers in Weld County. People who buy in the minor subdivisions do so because they want to live in "rural" Weld County, not within the confines of a town or city! Restriction of growth should remain at the current three-mile boundary. That is adequate and definitely should not be reduced. F Thank you for your consideration. Sincerely, R). 6.14-10 Betty L. Close Sales Associate gr i EXH< nT O "1'rul'otisionad Real Estate He twice" Zadel & Associates Realty, Inc. 311 Grant Avenue •P.O. Box 90•Firestone, Colorado 80520 (303) 833-3012 •Metro (303)659-0092 •FAX(303) 833-3054 Greg Zadel CRS-CRI Broker Licensed Appraiser Tuesday, November 09, 1993 Weld County Board of County Commissioners P.O.Box 758 Greeley, Co. 80632 Dear Commissioners: RE: Minor Subdivisions I understand that you will be discussing a proposed change to the Weld County Comprehensive Plan regarding the development of minor subdivisions. The current 3 mile boundary is adequate and should not be reduced. The demand for these type of properties is high and the County should not artificially impose barriers to the marketplace. I encourage you to deny this proposed change. Sincerely, It' l V !XMtjif 2 erer -- has "Professional Real Estate Service" -'1 November 15, 1993 Weld County Planning Dept Weld Administrative Office 1400 N 17th Avenue venu Greeley, Fax: 351-0978 Gentlemen: Concerning the proposed change to Weld County Comprehensive Plan, "Minor Subdivision" in an urban Growth Boundary now defined as a distance of 3 miles from the boundary of an incorporated city or town. It is my understanding that the Planning Department and County Commissioners are considering redu of cing the sewer3leeradius to a 1/2 mile of the outermost boundarl► I feel very strongly that the current 3 mile limit wis reasonnable to blento_ . control development and handle concerns of growth I understand and agree with hhernsmofdcontrolling nntr lling df eloopment in order to maintain the agricultural small county. The county also offeschistory and friendly town environment that needs preservation. As an active Realtor in Weld County and a past resident of the Fort Lupton area, I have experienced the demand for properties in Weld County and the concerns of rapid growth. We must be reasonable and wise in the approach seems fn limiting r eo Cana llinnggadevelopment. The current proposal we can all agree that the demand of vemenntait sr knocking mathat Weld counties door. This is a vary serious lop study.and thati believe t3 mile boundary is fair and b better planned subdivisions or other reasonable on development should be studied. Example: if one of the concerns is water for domestic use, then alstuudyo sof thistconcerni should should be implemented; would a community beneficial, maybe, maybe not, but the idea is to continue some reasonable growth and address the issues one by one in order to create better communities. CC: fie 200 ' 39dd 1S3MH1'JON XUW 3d WOdd 60 : 1 ! 666 63 nON • • The majority of purchasers for small acreage properties, want the rural environment eitheetcfor lifesneweror the tenjoyment the county few increase horses, Ore e projects, s fo ur cities andevenoinr creasetrevenuesgfornsmallll and larges within farmers and ranchers in the community as well as the counties tax base. Livestock is a multi-million dollar industry and an active part of weld Counties agricultural base, with wise decisions that are to control development wilal industrieso harm in our over the will prosper.s The current proposal Department and long run and I am confident that Weld County Planning Depa county Commissioners can implement ema neatproposal os lrworkingawith the 3 d mile boundary currently inplace and progressive plan is at our fingertips. Thank you, Toni L. Thieman Broer Associate RE/kMAX Northwest, Inc. (303) 888-1555 800 ' 39tld 1S3MHldON XaW 3d Woad 01e1I C6d 63 AON ♦ K November 15, 1993 fl Weld County-B°Board of Commissioners centenial services Building P.O. Box 958 Greeley, Co 80632 Fax: 352-0242 Gentlemen: Concerning the proposed change to Weld County Comprehensive Plan, "Minor Subdivision ' in an urban Growth Boundary now defined as a distance of 3 miles from the boundary of an incorporated city or town. It is my understanding that the Planning Department and County Commissioners are considering reducing the 3 mile radius to a 1/2 mile of the outermost boundary of a towns sewer service or boundary. I feel very strongly that the current 3 mile limit is reasonable to control development and handle concerns of growth within the county. I understand and agree with the concerns of controlling development in order to maintain the agricultural demands and needs of the county. The town environment that needsistory and friendly small As an active Realtor in Weld County and a past resident of the Fort Lupton area, I have experienced the demand for properties in Weld County and the concerns of rapid growth. We must be reasonable and wise in the approach of limiting or controlling development. The current proposal seems neither reasonable or wise. We can all agree that the demands of development are knocking at Weld Counties door. This is a very serious issue that requires much study. I believe the current 3 mile boundary is fair and reasonable and that better planned subdivisions or other reasonable regulations on development should be studied. Example: if one of the concerns is water for domestic use, then a study of this concern should be implemented; would a community well to service the development be beneficial, maybe, maybe not, but the idea is to continue some reasonable growth and address the issues one by one in order to create better communities. de; /PG- ROHR( Northwest, Inc. 12000 Psoos Street. Suns 180 Welauntnstsr, Colorado 50234 113-1/fa Office: (o) 467-4800 s.a.ow..-- . --wo..r.ccins '00 ' 39dd 153MHldON XUW 3d WOdd 01 : I1 E6 , E3 AON ** ie , ** The majority of purchasers These new residents for small acreage proeerties, want the al environment either hhoorrses,, 4-H projects, etc for lifestyle or the enjoyment thetcountyof a few increase revenues for the cities, large and small business within our cities and even increase revenues for small and large farmers and ranchers in the community as well as the countiestisctax part. of Livestock is a multi-million dollar industry c Weld Counties agricultural base, with wise decisions that are prosper. The ccurrent ol pproposalewil all �doimoretries in our harm than good over the will long run and I am confident that Weld County Planning Department and County Commissioners yninmplace and thatent a new ew proposal eativegandtand the 3 mile boundary si currently fingertips. progressive plan is at our Thank you, 41 LeRoy Pfaff Broker Associate RS/NAX Northwest, Inc. (303) 451-5153 GO0 ' 39dd IS3MHldON XHW 3d WOdd [ l : ll E66 S3 OON Hello