HomeMy WebLinkAbout20002222.tiff EMERGENCY ORDINANCE NO. 219
IN THE MATTER OF PROCEDURES TO BE FOLLOWED BY THE WELD COUNTY
DEPARTMENT OF PLANNING SERVICES REGARDING "DEVELOPMENT APPLICATIONS"
SUBMITTED ON OR AFTER SEPTEMBER 13, 2000, AS DEFINED IN THE PROPOSED
AMENDMENT TO THE COLORADO CONSTITUTION OF A NEW ARTICLE XXVIII
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,a proposed Amendment 24 to the Colorado Constitution is on the November 7,
2000, General Election Ballot, as certified by the Colorado Secretary of State on September 13,
2000, and
WHEREAS,said proposed Amendment 24,entitled"Citizen Management of Growth,"would
add a new Article XXVIII to the Colorado Constitution, creating certain new requirements for
development, as defined therein, to occur within certain Counties of the State, including Weld
County, and
WHEREAS, although said proposed Amendment 24 will not be voted upon until
November 7, 2000, the operative date set forth therein for compliance is "the date on which the
2000 General Election Ballot was certified by the Colorado Secretary of State," that date being
September 13, 2000, and
WHEREAS, in anticipation of that date, the Weld County Department of Planning Services
has received numerous applications for development, as that term is defined in said proposed
Amendment 24, with the applicants' goal of meeting the exception set forth in proposed
Article XXVIII, Section 9(2), and
WHEREAS,the Department of Planning Services is in need of the promulgation of certain
procedures in order to process applications for development submitted both before and on or after
September 13, 2000.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the
County of Weld, State of Colorado, that this Ordinance be adopted as follows:
A. The time frames for preparation of staff recommendations for all applications for
development shall be extended by fifty-five (55)days unless in conflict with specific
statutory mandates. A referral agency's failure to respond may be deemed a
favorable response only if no response is received within forty-five (45) days of
mailing of the application unless in conflict with specific statutory mandates.
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B. All applications, including amendments, for use by special review, recorded
exemption, subdivision exemption associated with a recorded exemption, minor
subdivision, subdivision (all steps), planned unit development (all steps), and
resubdivisions submitted on or after September 13,2000,which are approved,shall
bear the following condition of approval: "This development may be subject to
requirements of proposed Article XXVIII of the Colorado Constitution if it is enacted
at the 2000, General Election. Prior to scheduling before the Board of County
Commissioners, the applicant shall submit evidence to the Department of Planning
Services staff showing that the proposed Article is not applicable to the
development, or that the development is within a committed area under proposed
Article XXVIII, Section 2(2) or a duly adopted growth area under proposed Article
XXVIII, Section (2)(4), or is allowed as an exception outside those areas pursuant
to proposed Article XXVIII, Section 9."
C. For applications for development argued to fall within the exception set forth in
proposed Article XXVIII, Section 9(3), the following definition of family shall apply:
"An individual or any number of persons related by blood, marriage, or adoption
within two steps of relationship (parents, grandparents, brothers/sisters, children,
grandchildren)." See the attached Exhibit"A,"entitled"Family Member Step Chart "
D. For applications for development argued to fall within the exception set forth in
proposed Article XXVIII, Section 9(6), the development must be for either a
recorded exemption or a planned unit development, creating one or more parcels
of land for single-family residential purposes, each containing less than thirty-five
(35) acres of land, and reserving at least two-thirds of the total area of the tract for
the preservation of contiguous open space, where the number of residential units
does not exceed two per thirty-five (35) acre increment. The open space may be
used for all agricultural uses by right or as passive open space, or to protect wildlife
habitat or critical areas and shall be restricted from development or any other uses
for a period of 40 years from the date of final approval. Such restrictions may take
the form of conservation easements or leases or legal arrangements having similar
legal effect.
E. For applications for recorded exemption, subdivision exemption associated with a
recorded exemption, and site plans approved administratively on or after
September 13, 2000, notice that such approval includes a determination of
compliance with Article XXVIII, shall be published once, at the cost of the applicant,
not more than fourteen (14)days after approval of the application, in the newspaper
designated by the Board of County Commissioners for publication of notices. The
notice shall describe generally the type of application approved and the specific
parcel or parcels of property affected and the basis for determining compliance with
Article XXVIII, and shall state that any interested person who wishes to appeal such
determination of compliance to the Board of County Commissioners must do so in
writing within fifteen (15) days of the date of publication of the notice. No building
permits shall be issued for the development until the end of such fifteen (15) day
appeal period.
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BE IT FURTHER ORDAINED by the Board that to the extent that the procedures set forth
herein alter or amend, or conflict with, any similar procedures set forth in the Weld County Zoning
Ordinance, Subdivision Ordinance, Planned Unit Development Ordinance, be, and hereby are,
amended or altered as set forth herein.
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 that, pursuant to Article III, Section 3-14(6) of the Weld
County Home Rule Charter, subject matter of this Ordinance is found and declared to be an
emergency.
The above and foregoing Emergency Ordinance Number 219 was, on motion duly made
and seconded, adopted by the following vote on the day 13th of September, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AATTEST: /04 �EXCUSED DATE OF SIGNING yEl
�r��11 Barbara J. Kj�lfineyer, Chair
Weld County Clerk tot 7'7�
.l
�Q .f� I il,e, Pro-Tem�
BY: lv�L�1�� r „
Deputy Clerk t y �" � ---
/ L_%1�{ .1„,<-5 org E. Baxter./s
.
APPfjRSVyBA$IQ FORM: y 1C �� ( ----
// Dale . Hall
> County AttorneyG/,,la _--
Glenn Vlaad
Read and Approved: September 13, 2000
Publication: September 21, 2000, in the South Weld Sun
Effective: September 13, 2000
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