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HomeMy WebLinkAbout972397.tiffORDINANCE NO. 173-E IN THE MATTER OF AMENDMENTS 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 Ordinance No. 173-A through Ordinance No. 173-D, and WHEREAS, said Ordinance No. 173 is in need of revision and clarification to ensure that deference is extended to all appropriate review agencies and agreements. 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of the County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 173, as amended, are repealed and re-enacted, with amendments, and the various sections are revised to read as follows: Section 4.3.3.1 is revised to read as follows: 4.3.3.1 Preliminary determination as to whether the proposed minor subdivision complies with the requirements of the Weld County Zoning and this Ordinance for review and approval Compliance with the Weld County Comprehensive Plan, • this Ordinance, the zone district in which the proposed use is located, and any adopted intergoverrfinental agreements, or master plans of affected municipalities, Section 4.6.9.1 is revised to read as follows: 4.6.9.1 Compliance with the Weld County Comprehensive Plan and the zone district in which the proposed use i3 located; Compliance with the Weld County Comprehensive Plan, this Ordinance, the zone district in which the proposed use is heated; and any adaptetl intergovernmental agreements, or master plans rf affected municipalities. 972397 ORD173 RE: ORDINANCE NO. 173-E PAGE 2 Section 4.6.16.1 is revised to read as follows: 4.6.16.1 Compliance with the Weld County Comprehensive Plan and the zone district in which the proposed use is located; Comptiance with this Weld County Comprehensive Plan, this # rdtnance,;;the zone district in which the proposed use is to ud, and any adopted Intergove mental agreements, r master plans!, of .....................::.................................... affected munict alines:. 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. BE IT FURTHER ORDAINED by the Board this Ordinance shall become effective in accordance with the terms of Article III, Section 3-14(2) of the Weld County Home Rule Charter. The above and foregoing Ordinance Number 173-E was, on motion duly made and seconded, adopted by the following vote on the 6th day of October, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: George E. Baxter, Chair Weld County Clerk to the Board Constance L. Harbert, Pro-Tem BY Deputy Clerk to the Board Dale K. Hall APPROVED AS TO FORM: Barbara J. Kirkmeyer County Attorney W. H. Webster 972397 ORD173 RE: ORDINANCE NO. 173-E PAGE 3 Notice Published: August 14, 1997, in the South Weld Sun First Reading: September 3, 1997 Publication: September 11, 1997, in the South Weld Sun Second Reading: September 22, 1997 Publication: September 25, 1997, in the South Weld Sun Final Reading: October 6, 1997 Publication: October9r1997, in the South Weld Sun Effective: October 4 1997 972397 ORD173 Hello