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HomeMy WebLinkAbout952159.tiffORDINANCE NO. 89 -EE IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 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 zoning 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. 89, Weld County Zoning Ordinance, establishing a comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated areas of the County of Weld, and has adopted amendments in Ordinance No. 89-A through 89 -DD, and WHEREAS, said Ordinance No. 89, as amended, 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of the County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 89, as amended, are repealed and re-enacted, with amendments, and the various sections are revised to read as follows: 51.1.1 AIRPORT: Greeley -Weld County Airport, located in Sections 2 and 3, T5N, and Sections 26 and 35, R65W of the 6th P.M., Weld County, Colorado. 51.1.2 AIRPORT ELEVATION: The established elevation of the highest point on the usable landing area (4,690 feet above sea level). c5 -21t9 ORD89 RE: ORDINANCE #89 -EE PAGE 2 51.1.3 AIRPORT REFERENCE POINT: The point established as the geographic center of the airport landing area. The reference point at Greeley -Weld County Airport is a point with geographical coordinates of Latitude 40 degrees, 26 feet, 08 inches north and Longitude 104 degrees, 37 feet, 55 inches west. 51.1.9 HORIZONTAL SURFACE: A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone (4,840 feet above sea level). 51.3.4 TRANSITIONAL ZONE: Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 4,690 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline. 51.3.5 HORIZONTAL ZONE: Established at 150 feet above the airport elevation or at a height of 4,840 feet above mean sea level. 511 AIRPORT ZONE: In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Greeley -Weld County Airport. Such zones are shown on Greeley -Weld County Airport Zoning Map consisting of one sheet, prepared by Isbill Associates, Inc., Airport Consultants, dated June 1994, which is attached to this Ordinance and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: 951859 ORD89 RE: ORDINANCE #89 -EE PAGE 3 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. The above and foregoing Ordinance Number 89 -EE was, on motion duly made and seconded, adopted by the following vote on the * day of * , A.D:, 1995. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Dale K. Hall, Chairman Weld County Clerk to the Board Barbara J. Kirkmeyer, Pro-Tem BY. Deputy Clerk to the Board George E. Baxter APPROVED AS TO FORM: Constance L. Harbert County Attorney W. H. Webster First Reading: September 25, 1995 Publication: September 28, 1995, in the North Weld Herald Second Reading: October 9, 1995 Publication: October 12, 1995, in the North Weld Herald Final Reading: October 23, 1995 Publication: October 26, 1995, in the North Weld Herald Effective: October 31, 1995 951859 ORD89 AFFIDAVIT OF PUBLICATION STATE OF COLORADO 55. COUNTY OF WELD I, Bruce J. Bormann, of said County of Weld, being duly sworn, say that I am Publisher of ORDINANCE NO. 89 -EE IN THE MATTER OF THE REPEAL AND RE-EN- ACTMENT, WITH A- MENDMENTS OF CER- TAIN SECTIONS, AND THE ADDITION OF CER- TAIN SECTIONS TO OR- DINANCE NO. 89, WELD COUNTY ZONING OR- DINANCE, AS CUR- RENTLY AMENDED, RE- VISING AND ADDING CERTAIN PROCE- DURES, TERMS, AND DE IT ORDAINED BY TI* BOARD. OF COUN- TY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF CO- LORADO: WHEREAS, the Board of County Conflesloners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Char- ter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority, under the Weld County Home Rule Charter and State statute, Including Article 28 of Title 30 CRS, to adopt zoning regulations for the unin- corporated 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. 89, Weld County Zoning Ordinance, establishing a compre- hensive revision of. the Zoning Ordinance and zoning maps for unin- corporated "areas of the County of Weld, and has adopted amendments in r Ordinance No. 89-A through 89 -DD, and WHEREAS, said Ordin- ance No. 89, as amended, 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 Commis- sioners of the County of Weld, State of Colorado, that certain existing sections of said Onfnance No. 89, as amended, are repealed and re-enacted,. with amendneras, and the various sections are revised to read as follows: 61.1.1 AIRPORT: Greeley -Weld County Airport, located in Sec- tions 2 and 3, TSN, and Sections 26 and 35, R65W of the 6th P.M., Weld County, Colorado. 51.1.2 AIRPORT Fl - fVATIOty; The es- tablished elevation of the highest point on the usable landing area (4,690 feet above sea level). 51.1.3 AIRPORT RFFFRFNCE POINT The point established as the geographic center of the airport landing area. The reference point at Greeley -Weld County Airport Is a point with geographical coordinates of Latitude 40 degrees, 26 feet, 08 inches north and Longitude 104 de- grees, 37 feet, 55 inches west. 61.1.9 HORI7ONTAI ,Cl1RFACF; A hori- zontal plane 150 feet above the established airport elevation, the perimeter of which in ERIKA C. BAGLE`. Notary Public State of Coloradc pan coincides with the perimeter of the hor- izontal zone (4,840 feet above sea leveq. 51.3.4 TRANSITIONAL ZQNE;Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach supace, and extending to a height of 180 lees, above the airport sir vat* which is 4,SED feet above me* , level. In addiB, t the foregoing, we established t^,. limits sloping *NMI feet ouhserd I at the sidle 01allrS same elation* Mt sppraadi 5t* MR Sat' extending to MIMI ' they intersect the cpr ical surface. Where the precision Instru- ment runway ap- proach zone *Ode beyond the conical. zone, there are es- tablished height m sloping sevenfeet outward for eaCMtoof upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 de- gree angles to the extended runway cen- terline. 51.3.5 HOR170MTAI MU; Established at 150 feet above the airport elevation or a a height of 4,840 feel above mean sea level 51.2 AIRPORT 7ONE In order to carry out the provi- sions of this Ordin- ance, there are hereby created and estab- lished certain zones whl h include all of the THE NORTH WELD HERALD a weekly newspaper having a general circulation in said County and State, published in the town of Eaton, in said County and State; and that the notice, of which the annexed is a truecopy, has been published in said weekly newspaper 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 publication of said notice: o. S-9 EEtis<r�<a< was in said newspaper bearing the date(s) of: ��2 2? , 19 9,5- 19 ,19 ,19 and that the said THE NORTH WELD HERALD has been published continuously and uninterruptedly for the period of 52 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 assn force. J. BORMANN, PUBLISHER Subscribed and sworn to before me this 29 HI day of cSeptstrtioar 19 95 NO RY PUBLIC My commission expires Uek%.iEt" 2/, /996 laid fig beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Greeley -Weld County Airport. Such zones are shown on GreNsy- Weld County Airport Zoning Map consisting of one sheet, prepared by Isblll Associates, Inc., Airport Consult- ants, dated. June 1994, which is at- tached to this Ordin- ance and made a pert hereof. An area boa- ted in more than one 4 the folbwkp zones is considered to be M ly. ki the zone with. the More restrictive. height limitation. The various zones are hereby established and defined as fol- lows: BE IT FURTHER OR- DABIED by the Board, k any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any saran held or decided to be unconstitutional, such decision shall not affect the validity of the remai- kq portions hereof. The Bard of County Com- missioners hereby de- clares that it would have elided this Ordinance in sash and every section, sebsectlon, paragraph, sentence, clause, and phrase thereof irre- spective of the fact that env one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be dedared to be unconstitutional or kila9d. The above and fore- going Ordinance Number 5MEE was, on motion fl made and seconded, adopted by the following vote on the • day of • , AD., 1906. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dale K. Hall, Chairman Barbara J. Klrioneyer, Pro -Tern George E. Basler Constance L. Harbert W. H. Webster ATTEST: Weld County .art te the Board BY: .: Deputy Clerk to the Bard APPROVEDASTO FORM: County Attorney First Reading: September 25, 1066 Publication: September 29, 199E,1a the North Weld NNW Second Reading: October 9, 1995 Publication: Odobr 12, 1905, Inbite North Weld Herald Find Reading: October 23, 1995 Publication: October 26, 1995, in the North Weld Herald Effective: October 31, 1995 ' NOTICE DOCKET NO. 95-61 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on Monday, September 25, 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 50 and 51 of the Weld County Zoning Ordinance. The amendments will clarify airport elevation, reference point, and the transitional zone of the A -P (Airport) Overlay District. 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: August 30, 1995 PUBLISHED: September 7, 1995, in the Windsor Beacon DOCKET NO. 95-41 The Board of County Commissioners of Weld County, Colorado, will con- duct a public hearing at 9:00 a.m., on Monday, September 25, 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 50 and 51 of the Weld County Zoning Ordinance. The amendments will clarify airport elevation, reference point, and the transitional zone of the A -P (Airport) Overlay District. 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 hear- ing. 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 Clark 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 BOARD OF COUNTY COMSSIONERS WELD COUNTY, COL- ORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: August 30,1995 PUBLISHED: September 7, 1995, In the Windsor Beacon AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss 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 / _ "ite day of ��_� �,r � , A.D., 19 %S 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 ma c.=rind of 5 consecutive weeks, in said County and State, pric. to the dare of first publication of said notice ar' the 'tame is a newspaper within the meaning of an Act it rr:3ulate printing of legal notices and advertisements, approved May 18, 1931, and ail prior acts so far as in force. J J1BLISHER Subs9ribed and sworn to before me this 7th day of - NOTARY PUBLIC My commission expires Hello