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Home My WebLink About950076.tiffORDINANCE NO. 173-B IN THE MATTER OF AN AMENDMENT TO ORDINANCE NO. 173, WELD COUNTY SUBDIVISION ORDINANCE, REVISING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS 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 State statute, including Article 28 of Title 30 CRS, to adopt subdivision regulations for the unincorporated areas of the County of Weld, State of Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has previously adopted Ordinance No. 173, Weld County Subdivision Ordinance, establishing a comprehensive revision of the subdivision regulations for unincorporated areas of the County of Weld, and has adopted amendments in Ordinances No. 173-A, and WHEREAS, said Ordinance No. 173 is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 173, as amended, are repealed and re-enacted, with amendments, and the various sections are revised to read as follows: Amend Section 4.5.5 to read: Post a sign for the applicant on the property under consideration for a minor subdivision final plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of- way. The sign shall be posted at least ten (10) days prior to the hearing. Each sign shall show the following information: Amend Section 4.5.14 to read: Post a sign for the applicant on the property under consideration for a minor subdivision final plat. The sign shall be posted adjacent to and visible from a 950076 n , C- 2428835 B-1482 P-507 03/03/95 04:32P PG 1 OF 3 Weld County CO Clerk & Recorder REC DOC 0.00 ORD173 RE: ORDINANCE NO. 173-B PAGE 2 publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of- way. The sign shall be posted at least ten (10) days prior to the hearing. Each sign shall show the following information: Amend Section 6.3.1.5 to read: Post a sign for the applicant on the property under consideration for a preliminary plan. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing. Each sign shall show the following information: Amend Section 7.3.1.3 to read: Post a sign for the applicant on the property under consideration for a final plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing. Each sign shall show the following information: BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 950076 ORD173 2428835 B-1482 P-507 03/03/95 04:32P PG 2 OF 3 RE: ORDINANCE NO. 173-B PAGE 3 The above and foregoing Ordinance No. 173-B was, on motion duly made and seconded, adopted by the following vote on the 22nd day of February, A.D., 1995. BOARD OF COUNTY COMMISSIONERS LD COUNTY, C,OIVORAC,3O ATTEST: eJ ea Weld County Clerk to the Board BY. Deputy Cler APPROVED AS TO FORM: ty Attorney First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: January 23, 1995 January 26, 1995 February 6, 1995 February 9, 1995 February 22, 1995 March 2, 1995 March 7, 1995 Dale K.. Hall, Chairman Wv Gt N` /4 arbara J. KirkmeyerjPro-Tem Georg . Baxter FXCl1SFr1 Constance L. Harbert 1 W. H. Webster 2428835 B-1482 P-507 03/03/95 04:32P PG 3 OF 3 950076 ORD173 NOTICE DOCKET NO. 95-08 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on Monday, January 23, 1995, 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 Sections 4, 6, and 7 of the Weld County Subdivision Ordinance. The amendments change and clarify the responsibility for posting a public hearing notice sign for a subdivision application. All persons in any manner interested are requested to attend said hearing and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that copies of the proposed amendments may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, 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 CLERK TO THE BOARD DATED: December 28, 1995 PUBLISHED: January 5, 1995, in the Windsor Beacon 9500'76 NOTICF DOCKET NO. 98418, The Board of County Commissioners of Weld County, Colorado, ea can - duct a Mae hearing x1000 a.m., on Monday, anxiety 23, 1995, Intl.* Charters 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 Sections 4, s, and 7 al the Weld County Subdivision Ordinance. The amendments change and clarify the responsibility far posting a public hearing notice sign for a subdivision application. All persons in any manner interested are requested to attend said hearing and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that copies of the proposed amendments may be exam- ined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. BOARD OF COUNTY COM- MISSIONERS WELD COUNTY, COL- ORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO I THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD UAIEU. Unwrnbe, 29, 1994 Published he I. Windsor Bacon on Jamey 5, I0es AFFIDAVIT OF PUBLICATION STATE OF COLORADO 55 COUNTY OF WELD I, ROGER A. LIPKER, of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed is a true copy, has been published in said weekly for / successive weeks, that the notice was published in the regular and entire issue of every number of the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing the date of the tm 5.74 day of '1-'t .&.,i A.D., 19 I`— and the last publication bearing the date of the _day of A.D. 19 and that the said WINDSOR BEACON has been published continuously and uninterruptedly for the period of 5 consecutive weeks, in --::d Z'ounty and Sate, prior to the date of first publication of s4id notice, e.id the same is a newspaper within the meaning of an Act to regulate printing of legal notices and advertisements, approved May 18, 1931, and all prior acts so far as in force. ISHER Subscribed and sworn to before me this O day of Cc -tic 19 "1 t-Lze.I' A NOTARY PUBLIC My commission expires • 950076 ��t, MEMORANDUM VIiDcTO: Planning Commission December 20, 1994 COLORADO From: Department of Planning Services SUBJECT: Amendemnts to Sections 4, 6, and 7 of the Weld County Subdivision Ordinance The Department of Planning Services recommends that the proposed amendments be approved for the following reasons: 1. The existing Subdivision Ordinance is in need of revision. The amendments will change and clarify the responsibility for posting a public hearing notice sign for subdivision applications. 2. The proposed amendments will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the overall intent of the Weld County Subdivision Ordinance. 950075 PROPOSED AMENDMENTS TO WELD COUNTY SUBDIVISION ORDINANCE Amend Section 4.5.5 to read: Post a sign for the applicant on the property under consideration for a minor subdivision final plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of- way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing. Each sign shall show the following information: Amend Section 4.5.14 to read: Post a sign for the applicant on the property under consideration for a minor subdivision final plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of- way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing. Each sign shall show the following information: Amend Section 6.3.1.5 to read: Post a sign for the applicant on the property under consideration for a preliminary plan. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing. Each sign shall show the following information: Amend Section 7.3.1.3 to read: Post a sign for the applicant on the property under consideration for a final plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten (10) days prior to the hearing. Each sign shall show the following information: 950075 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jack Epple, 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 Sections 4, 6, and 7, of the Weld County Subdivision Ordinance be recommended favorably to the Board of County Commissioners. The Planning Commission recommends that the proposed amendments be approved for the following reasons: The existing Subdivision Ordinance is in need of revision. The amendments will change and clarify the responsibility for posting a public hearing notice sign for subdivision applications. The proposed amendments will be consistent with the future goals and needs of the County as set out in the Weld County Comprehensive Plan. The proposed amendments will be consistent with the overall intent of the Weld County Subdivision Ordinance. Motion seconded by Bud Clemons. VOTE: For Passage Curt Moore Judy Yamaguchi Bud Clemons Shirley Camenisch Jack Epple Richard Kimmel Against Passage Ron Sommer Marie Koolstra The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the attached materials to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Frazer, 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 December 20, 1994. Dated the 20th of December, 1994. a haryn Fra Secretary 950075 I•�jrTl WI�Yc. COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, December 20, 1994, at 1:30 p.m. for the purpose of considering amendments to Sections 4, 6, and 7 of the Weld County Subdivision Ordinance. The amendments change and clarify the responsibility for posting a public hearing notice sign for a subdivision application. The meeting will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments related to the above 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 December 20, 1994. A copy of the proposed amendments are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631. Please call Sharyn Frazer, at Phone # (303) 353-6100, Ext. 3540, or Fax # (303) 351-0978, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. Richard Kimmel, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time by December 8, 1994. Received by: A C Date: /2 Ar / c/ 95007s neoaartnotra IN THE MUTER OF AN AMENDMENT TO OROF FIANCE NO. 179, WELD COUNTY SUBDIVISION ORDI- NANCE, REVISING CERTAIN PROCEDURES, TEIWB, AND REQUIREMENTS EE IT ORDAINED BY THE sea OF COUNTY cos MRMNi OF ME COIRe' ry 12111.0, STATE OPe01r a WMO S the Board M Can* CeMmiM 'Si el M Cam a Weld, Bade Oiler , snaN Is Celina alrde ant M OM Can* Home Roca Chahar, I raid with the Shaky al adniMNr- a9 the bibs of Weld County, Colorado, and WHEREAS, the Board of County Csmissones hats the power and authority, under the Weld County Home RUN Charter and State statute, Including. Ankle 28 of Tale 30 CRS, to adopt subdivision regu- lations for the unincorporated areas of the County of Weld, Star of Colorado, and. WHEREAS, the Board. of County Commissioners of Wald County. Colorado, has pretloua y adopted Ordinance No.• 173, Wald County SubdivHtion Ordnance, establishing a oem- revision of the stati- ons for unindeWp- of the Cobb* I Chas adopted amend - lb Ordinances No. said Ordnance Z!,sy y'r used of revbbn and a &lion with regard 4o possess, terms, end requnl. mealRpan- NOW, THEREFORE, BE. IT °MINIM by M Board of Dolma epJmngaiplrs of the Only el Weld, State of Candi"that certain existing eeeteo 0 said Ordnance No. 179, s wended. are repealed and nmeeacted, wish sand - melts, end the various sections am maid to read as foams: Amend baton 4.5.5 to read:. Poet a sign for the applicant on M preppy under consideration for serer subdivision and Mat 11w Or she be posted adr on geed Wile from a pi lick/ .maintalned • road -right-of-way. In the event the property under consideration Is not adman b a publicly mein - tamed road right-of-way. one sign shell be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a pub- licly maintained road light -of - way. The ago ahem Petted at least ten (10) dem pew to the hewing. Each sir YW tow the followg itemason: Amend Section 4.5.14 to read: Pmt a sign for the applicant on the pr mainly wlarawuaraE.., for a minor subdivision final pad. The sign snap be peeled aWa- cent.to and visible Iran a pub - tidy maintained road right-of-way. In the aunt dm property under consideNYw la RM ascent to a publicly nab kid road right-of-vay. AIM agar op be posted in the bast praiaant place on the property. and asaand sign posted MM point at which the driveway (Maas drive) Intersects a pa- lely maintained road riy►at- wy. ml sign shall be posted M least ten (10) days prior to M hearing. Each sign shall Yoe M focasng information: Amend Section 6.3.1.5 to read: Pat a sign for the' patinas* on the property under consideration ler a preliminary plan. The sign anal s posted adjacent to and visible from a publicly mein - WOW road right-of-way. In the arena the property under coraid- Wren la not adjacent to a pub - Noy maintained read dRROFwy, one sign and be peeled W the most imminent Misr ant property and a sec- ond sign posted at the pefrd at wish the driveway (access *M) intersects a publicly main - brad road right-of-way. The sign she be posted at lest tan (10) days prior to the burin. Ear sign Stall show the tales - Attend Sedan 7.3.1.3 to mark -Pest a Wan for the applicant s M pNPry under consideration for a*e plat. The sign she be peeled e,esent to and visible from a publicly maintained road i75-odway. In the event the property under aealdrattM is not *Meant to a publicly main - tamed road right-of-way, one sign shell be posted in the most prominent place on M properly end ascend sign par at the point at which the driveway -- Wombs a pub- licly maintained road right-of-way. The sign shall be posted at least ten (10) days polo b the heMeg. Each sign shall show the fallowing Worms - now BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sen- tence, clause, or phrase of this Ordnance a for any reason held or decided to be unconstitution- al, such decision shall not affect the validity of the remaining por- tions hereof. The Board of County Commissioners hereby primes that It would have enacted this Ordinance in each sad, every section, subsection, paragraph, sentence, clause, Ind phrase thereof irrespective of the fact that any one or more sections, subsections, para- graphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance No. 173-B was, on million duly made and second- ed, adopted by the following vote on the 22nd day of February, A.D., 1995. BOARD OF COUNTY COM- MISSIONERS WELD COUNTY, COLORADO Deb K. Hall, Chairman Mears J. Kirbayer, Pro-Tem George E. Bader, EXCUSE? Constance L. Herbert W. H. Webster ATTEST: Donald D. Warden Wand County Clerk to the Board BY: Shelly Millar Deputy Cleft to the Board APPROVED AS TO FORAM: Bruce T. Barker Canty Attorney Fast Reading: January 23, 1995 Publication: January 26, 1995 Second Reading: February 6,1995 Publication: February 9.1995 Final Reading: February 22, 1995 Publication: MMdt 2, 1995 E/s1M:Mar h 7,1995 Pmwhed It Se Windsor Boma a. Mae Si tai AFFIDAVIT OF PUBLICATION STATE OF COLORADO COUNTY OF WELD I, ROGER A. LIPKER, of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON 5$ a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed a truecopy, has been published in said weekly for i successive weeks, that the notice was published in the regular and entire issue of every number of the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing he date of theme, day of ,y'/7A4 ceL , A.D. 19 ZI and the last publication bearing the date of the day of A.D., 19_ and that the said WINDSOR BEACON has been published continuously :and uninterruptedly for the period of 5 consecutive weeks, in said County and State, prior to the date 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 advertisements, approved May 18, 1931, and all prior acts so far as in force. 4 PJBLISHER Subscribed and sworn to before me thisx9./reL day of —�a AA./ 19 fS OC/ NOTARY PUBLIC My commission expires / L 9 Hello