Front Range Classifieds, NOTICE OF PUBLIC HEARING ORDINANCE No. 1702, SERIES 2015 NOTICE IS HEREBY GIVEN that at a regular meeting of the City Council of the City of Louisville, Colorado, to be held on October 6, 2015 at the hour of 7:00 p.m., at the City Hall, 749 Main Street, in Louisville, Colorado, the City Council will hold a Public Hearing on the final passage and adoption of a proposed Ordinance No. 1702, Series 2015 -AN ORDINANCE AMENDING SECTION 17.08.205 OF THE LOUISVILLE MUNICIPAL CODE TO CLARIFY THE DEFINITION OF GRADE Published in the Daily Camera on September 6, 2015 with full Ordinance. - 5655391 ORDINANCE NO. 1702 SERIES 2015 AN ORDINANCE AMENDING SECTION 17.08.205 OF THE LOUISVILLE MUNICIPAL CODE TO CLARIFY THE DEFINITION OF GRADE WHEREAS, the City of Louisville is a Colorado home rule municipal corporation duly organized and existing under laws of the State of Colorado and the City Charter; and WHEREAS, the City Council is authorized by the City Charter and state law, including without limitation C.R.S. § 31-23-301 et. seq. to adopt and enforce regulations which may be necessary for the promotion of health, safety, morals, or the general welfare and to restrict the maximum allowed height of buildings as measured from grade; and WHEREAS, the City Council desires to amend the City's current definition of grade to better address the City's intent that building height measurements consider the effects of grading and fill activities; and WHEREAS, a core value of the City in the 2013 Comprehensive Plan promotes: "Unique commercial areas and distinctive neighborhoods<$> where the City is committed to recognizing the diversity of Louisville's commercial areas and neighborhoods by establishing customized policies and tools to ensure that each maintains its individual character", and; WHEREAS, the City Council finds that it is necessary and appropriate to further amend and clarify the definition of "grade" so as to lend certainty in order to ensure each commercial area and neighborhood maintains its individual character; and WHEREAS, after a duly noticed public hearing held August 13, 2015, where evidence and testimony were entered into the record, including the Louisville Planning Commission Staff Report dated August 13, 2015, the Louisville Planning Commission has recommended the City Council adopt the amendments to the Louisville Municipal Code set forth in this ordinance; and WHEREAS, City Council has provided notice of a public hearing on said ordinance by publication as provided by law and held a public hearing as provided in said notice; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO, THAT: Section 1. Section 17.08.205 of the Louisville Municipal Code is hereby amended to read as follows (words to be added are underlined): Sec. 17.08.205. Grade (ground level). Grade (ground level) means the average of the finished grade sur face elevation measured at the highest and lowest exterior corners of a structure. If fill is added to raise the surface elevation at the structure by more than one foot, then grade is determined from the finished site grade level a distance of ten feet from the structure wall, or from the property line if the property line is closer than ten feet to the structure wall. Section 2. If any portion of this ordinance is held to be invalid for any reason such decisions shall not affect the validity of the remaining portions of this ordinance The City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. The repeal or modification of any provision of the Municipal Code of the City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portions hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED PUBLISHED this 1st day of September, 2015. ______________________________ Robert P. Muckle, Mayor ATTEST: ____________________________ Nancy Varra, City Clerk APPROVED AS TO FORM: ______________________________ Light, Kelly, P.C. City Attorney PASSED AND ADOPTED ON SECOND AND FINAL READING this ____ day of _________, 2015. _____________________________ Robert P. Muckle, Mayor ATTEST: ______________________________ Nancy Varra, City Clerk Published: Daily Camera September 6, 2015 - 5655391
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