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RESOLUTION
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O RE: APPROVE AMENDMENT OF WELD COUNTY SUBDIVISION REGULATIONS BY
0 3 THE ADDITION OF SECTION 16
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2 WHEREAS, the Board of County Commissioners of Weld County,
8 Colorado, pursuant to Colorado statute and the Weld County Home
W Rule Charter, is vested with the authority of administering the
o affairs of Weld County, Colorado, and
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WHEREAS, the Board held a public hearing on the 10th day of
w v February, 1988, at the hour of 2:00 p.m. in the Chambers of the
Board for the purpose of considering the amendment of the Weld
H County Subdivision Regulations by the addition of Section 16, and
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WHEREAS, the proposed amendment of the Subdivision
w Regulations by the addition of Section 16 was approved by the Weld
N w County Planning Commission on February 2, 1988, and
ch 2
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N WHEREAS, the Board, after consideration, deems it advisable
O,4 to approve the proposed amendment of the Weld County Subdivision
a Regulations by the addition of Section 16, as described in the
attached Exhibit "A", incorporated herein and made a part hereof
, by reference, and
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o
WHEREAS, said amendment of the Weld County Subdivision
Regulations by the addition of Section 16 shall become effective
February 10, 1988.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the amendment of the
Weld County Subdivision Regulations by the addition of Section 16
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that said amendment of
the Weld County Subdivision Regulations by the addition of Section
16 shall be effective February 10, 1988.
2 880095
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Page
RE: AMEND SUBDIVISION REGULATIONS
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 10th day of
February, A.D., 1988.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WEL OUNTY, COLORADO
Weld County Jerk and Recorder / A
and Clerk to the Board Gene R. Brant er, hairman
EXCUSED
(BY:___ G7;Ly-k.4> C.W. Kirby, Pro-Tem
Deputy County lerk
APPROVED AS TO FORM: 3 cqu e on
Gordo •
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,rJLb'"2 Clef
County Attorney ��✓,}, y�;
Frank'amaguchi
880095
Exniblt "A"
SECTION 16 VESTED PROPERTY RIGHTS
A. Purpose. The purpose of this section is to provide the
procedures necessary to implement the provisions of Article
68 of title 24, C.R.S, as amended.
B. Definitions. As used in this section, unless the context
otherwise requires:
(1) Landowner: Any owner of a legal or equitable
interest in real property and includes the heirs,
successors, and assigns of such ownership
interests.
(2) Local government: Any county, city and county,
city, or town, whether statutory or home rule,
acting through its governing body or any board,
commission, or agency thereof having final approval
authority over a site specific development plan,
incluaing without limitation any legally empowered
urban renewal authority.
(3) Propertyc All real property subject to land use
regulation by a local government.
(4) Site specific development plan. A subdivision
Final Plat, Resubdivision, or Minor Subdivision
application which has been submitted to Weld County
and receives final or conditional approval by the
Board of County Commissioners. Final or
conditional approval by the Board of County
Commissioners creates vested rights pursuant to
Article 68 of Title 24, C.R.S., as amended. No
other type of subdivision application shall be
considered a Site Specific Development Plan.
(5) Vested property right. The right to undertake and
complete the development and use of property under
the terms and conditions of a site specific
development plan.
C. Vested property right -duration-termination. A property
right which has been vested as provided for in this section
shall remain vested for a period of three years. This
vesting period shall not be extended by any amendments to a
site specific development plan unless expressly authorized by
the Board of County Commissioners.
D. Notice and hearing. No site specific development plan shall
be approved until after a public hearing, preceded by written
notice of such hearing. Such notice may, at the County's
option be combined with the notice required for the
Subdivision Final Plat or with any other required notice.
Interested persons shall have an opportunity to be heard at
the hearing.
E. Approval--effective date--amendments. A site specific
development plan shall be deemed approved upon the
effective date of the Board of County Commissioners'
final or conditional approval action. In the event
amendments to a site specific development are proposed
and approved, the effective date of such amendments, for
proposes of duration of a vested property right, shall
be the date of the approval of the original site
specific development plan, unless the Board specifically
finds to the contrary and incorporates such finding in
its approval of the amendment.
(1) The Board of County Commissioners may approve
a site specific development plan upon such
terms and conditions as may reasonably be
necessary to protect the public health,
safety, and welfare. The conditional approval
shall result in a vested property right,
although failure to abide by such terms and
conditions will result in a forfeiture of
vested property rights.
F. Development agreements. The Board of County
Commissioners may enter into development agreements with
landowners providing that property rights shall be
vested for a period exceeding three years where
warranted in light of all relevant circumstances,
including, but not limited to, the size and phasing of
the development, economic cycles, and market conditions.
Such development agreements shall be adopted as
legislative acts subject to referendum as provided for
in the Weld County Home Rule Charter.
G. Notice of approval. Each map, plat, or other document
constituting a site specific development plan shall
contain the following language: "Approval of this plan
may create a vested property right pursuant to article
68 of title 24 C.R.S., as amended." Failure to contain
this statement shall invalidate the creating of the
vested property right. In addition, a notice describing
generally the type and intensity of use approved, the
specific parcel or parcels of property affected and
stating that a vested property right has been created
shall be published once, not more than 14 days after
approval of the site specific development plan, in the
2
n.:wspaper designated by the Board of County
Commissioners for publication of notices.
H. Payment of costs. In addition to any and all other fees
and charges imposed by these regulations, the applicant
for approval of a site specific development plan shall
pay all of the County's costs resulting from the site
specific development plan review, including publication
of notices, public hearing and review costs.
I. Other provisions unaffected. Approval of a site
specific development plan shall not constitute an
exemption from or waiver of any other provisions of
these regulations pertaining to the subdivision,
development, or use of property. The establishment of a
vested property right shall not preclude the application
of ordinances or regulations which are general in nature
and are applicable to all property subject to land use
regulations by a local government including, but not
limited to, building, fire, plumbing, electrical, and
mechanical codes.
J. Limitations. Nothing in this section is intended to
create any vested property right, but only to implement
the provisions of article 68 of title 24, C.R.S., as
amended. In the event of the repeal of said article or
a judicial determination that said article is invalid or
unconstitutional, this section shall be deemed to be
repealed, and the provisions hereof no longer effective.
3
HEARING CERTIFICATION
DOCKET NO. 88-2
RE: ADDITION OF SECTION 16 TO THE WELD COUNTY SUBDIVISION REGULATIONS
A public hearing was conducted on February 10, 1988, at 2:00 P.M., with
the following present:
Commissioner Gene Brantner, Chairman
Commissioner C.W. Kirby, Pro-Tem-Excused
Commissioner Jacqueline Johnson
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Director of Planning Services, Chuck Cunliffe
The following business was transacted:
I hereby certify that pursuant to a notice dated January 6, 1988, and
duly published January 7, 1988, in the Johnstown Breeze, a public
hearing was conducted to consider the addition of Section 16 to the
Weld County Subdivision Regulations, establishing requirements and
procedures for creating vested property rights pursuant to new
legislation in the Colorado Revised Statutes. Lee Morrison, Assistant
County Attorney, made this matter of record. Chuck Cunliffe, Director
of Planning Services, read the favorable recommendation of the Planning
Commission into the record. No public testimony was offered.
Commissioner Lacy moved to approve the addition of Section 16 to the
Weld County Subdivision Regulations. The motion, seconded by
Commissioner Johnson, carried unanimously.
This Certification was approved on the 17th day of February, 1988.
APPROVED:
'4.—+.� _ BOARD OF COUNTY COMMISSIONERS
ATTEST: �```ff't"�r` `� WELD C UNTY, COLORADO
Weld County Clerk and Recordere—Yeghd —
and Clerk to the Boa ens R. Brantner, Chairman
�y t \ o»cam, EXCUSED
eputy County Cl rk C.W. Kirby, Pro-Tem
Jac•uel Jso
•
FrankvYamaguchi
TAPE #88-5
DOCKET #88-2
PL0098
FP R 1 8 1988
N OTICE
Docket No. 88-2
The Board of County Commissioners of Weld County, Colorado, will
conduct a public hearing at 2:00 P.M. on Wednesday, February 10,
1988, in the County Commissioners Hearing Room, First Floor, Weld
County Centennial Center, 915 Tenth Street, Greeley, Colorado, for
the purpose of considering the addition of Section 16 to the Weld
County Subdivision Regulations establishing requirements and
procedures for creating vested property rights pursuant to new
legislation in the Colorado Revised Statutes.
All persons in any manner interested are requested to attend the
hearing and may be heard.
Copies of the proposed addition are available for public
inspection in the office of the Clerk to the Board of County
Commissioners, Third Floor, Weld County Centennial Center, 915
Tenth Street, Greeley, Colorado, Monday through Friday, 8:00 A.M.
to 5:00 P.M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: January 6, 1988
PUBLISHED: January 7, 1988, in the Johnstown Breeze
PROPOSED AMENDMENTS TO THE
WELD COUNTY SUBDIVISION REGULATIONS
Add a new SECTION 16 to read:
SECTION 16 VESTED PROPERTY RIGHTS
A. Purpose. The purpose of this section is to provide the
procedures necessary to implement the provisions of Article
68 of title 24, C.R.S, as amended.
B. Definitions. As used in this section, unless the context
otherwise requires:
(1) Landowner: Any owner of a legal or equitable
interest in real property and includes the heirs,
successors, and assigns of such ownership
interests.
(2) Local government: Any county, city and county,
city, or town, whether statutory or home rule,
acting through its governing body or any board,
commission, or agency thereof having final approval
authority over a site specific development plan,
including without limitation any legally empowered
urban renewal authority.
(3) Property: All real property subject to land use
regulation by a local government.
(4) Site specific development plan. A subdivision
Final Plat, Resubdivision, or Minor Subdivision
application which has been submitted to Weld County
and receives final or conditional approval by the
Board of County Commissioners. Final or
conditional approval by the Board of County
Commissioners creates vested rights pursuant to
Article 68 of Title 24, C.R.S., as amended. No
other type of subdivision application shall be
considered a Site Specific Development Plan.
(5) Vested property right. The right to undertake and
complete the development and use of property under
the terms and conditions of a site specific
development plan.
C. Vested property right -duration-termination. A property
right which has been vested as provided for in this section
shall remain vested for a period of three years. This
vesting period shall not be extended by any amendments to a
site specific development plan unless expressly authorized by
the Board of County Commissioners.
D. Notice and hearing. No site specific development plan shall
be approved until after a public hearing, preceded by written
notice of such hearing. Such notice may, at the County's
option be combined with the notice required for the
Subdivision Final Plat or with any other required notice.
Interested persons shall have an opportunity to be heard at
the hearing.
E. Approval--effective date--amendments. A site specific
development plan shall be deemed approved upon the
effective date of the Board of County Commissioners'
final or conditional approval action. In the event
amendments to a site specific development are proposed
and approved, the effective date of such amendments, for
proposes of duration of a vested property right, shall
be the date of the approval of the original site
specific development plan, unless the Board specifically
finds to the contrary and incorporates such finding in
its approval of the amendment.
(1) The Board of County Commissioners may approve
a site specific development plan upon such
terms and conditions as may reasonably be
necessary to protect the public health,
safety, and welfare. The conditional approval
shall result in a vested property right,
although failure to abide by such terms and
conditions will result in a forfeiture of
vested property rights.
F. Development agreements. The Board of County
Commissioners may enter into development agreements with
landowners providing that property rights shall be
vested for a period exceeding three years where
warranted in light of all relevant circumstances,
including, but not limited to, the size and phasing of
the development, economic cycles, and market conditions.
Such development agreements shall be adopted as
legislative acts subject to referendum as provided for
in the Weld County Home Rule Charter.
C. Notice of approval. Each map, plat, or other document
constituting a site specific development plan shall
contain the following language: "Approval of this plan
may create a vested property right pursuant to article
68 of title 24 C.R.S., as amended." Failure to contain
this statement shall invalidate the creating of the
vested property right. In addition, a notice describing
generally the type and intensity of use approved, the
specific parcel or parcels of property affected and
stating that a vested property right has been created
shall be published once, not more than 14 days after
approval of the site specific development plan, in the
2
newspaper designated by the Board of County
Commissioners for publication of notices.
H. Payment of costs. In addition to any and all other fees
and charges imposed by these regulations, the applicant
for approval of a site specific development plan shall
pay all of the County's costs resulting from the site
specific development plan review, including publication
of notices, public hearing and review costs.
I. Other provisions unaffected. Approval of a site
specific development plan shall not constitute an
exemption from or waiver of any other provisions of
these regulations pertaining to the subdivision,
development, or use of property. The establishment of a
vested property right shall not preclude the application
of ordinances or regulations which are general in nature
and are applicable to all property•subject to land use
regulations by a local government including, but not
limited to, building, fire, plumbing, electrical, and
mechanical codes.
J. Limitations. Nothing in this section is intended to
create any vested property right, but only to implement
the provisions of article 68 of title 24, C.R.S., as
amended. In the event of the repeal of said article or
a judicial determination that said article is invalid or
unconstitutional, this section shall be deemed to be
repealed, and the provisions hereof no longer effective.
3
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bud Halldorson 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 amendment to Section 16 of the
Weld County Subdivision Regulations be approved for the following reasons:
The amendment will meet certain requirements set forth by amendments to the
Colorado Revised Statutes which became effective January 1, 1988, pertaining
to vested property rights.
Motion seconded by Louis Rademacher.
VOTE:
For Passage Against Passage
Bud Halldorson
Ernie Ross
Jerry Burnett
LeAnn Reid
Louis Rademacher
Paulette Weaver
Lynn Brown
Ann Garrison
The Chairman declared the resolution passed and ordered that a certified
copy be forwarded with the proposed amendment to the Board of County
Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Bobbie Good, Recording Secretary of 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 February 2, 1988, and recorded in Bobk No. XI of the proceedings of the
said Planning Commission.
Dated the 2nd day of February, 1988.
Bobbie Good
Secretary
440'4.D. EORAflDU
Planning Commission January 19, 1988
Illik To Date
Department of Planning Services (2,
COLORADO From
Proposed Amendment to the Weld County Subdivis n
subjeet: Regulations
The amendment is summarized below.
SECTION 16
Establishes requirements and procedures for creating vested property
rights pursuant to new legislation in the Colorado Revised Statutes
that became effective January 1, 1988.
• ler
mEmoRAnDum
WilkTo Planning Commission Date January 19, 1988
COLORADO From Department of Planning Services (2___
subject: Proposed Amendment to Section 16 of the Weld C unty
Subdivision Regulations
The Department of Planning Services recommends that the proposed amendment
be approved. The amendment will meet certain requirements set forth by
amendments to the Colorado Revised Statutes which became effective January
1, 1988, pertaining to vested property rights.
CC:rg
- DEPARTML___'OF PLANNING SERVICES
PHONE(303)356-4000 EXT.4400,0 trii I 91510th STREET
' Alillit
GREELEY,COLORADO 80631
wille.
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing at 1:30
p.m. on Tuesday, January 19, 1988, in the County Commissioners' Hearing
Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley,
Colorado, for the purpose of amending the Weld County Zoning Ordinance and
Subdivision Regulations as summarized below:
WELD COUNTY ZONING ORDINANCE
Section 23.1
Identifies uses which are excluded from the Site Plan Review process.
Section 31.4.3
Includes camping areas as a Use by Special Review in the Agricultural
zone district.
Section 33.5.2.4
Deletes camping areas as a Use by Right in the C-4 (Highway Commercial)
zone district.
Sections 33.5.2.5 through 33.5.2.7
Renumbers existing sections with no changes to the existing text.
Section 35.3.7
Establishes a new performance standard in the PUD zone district for
mining uses relating to injury to vested or conditional water rights
and identifies mitigation alternatives to prevent injury to vested or
conditional water rights.
Sections 35.3.7 and 35.3.8
Renumbers existing sections with no changes to the existing text.
Section 35.4
Requires a Site Plan Review for Commercial, Industrial, and R-4 uses in
a PUD zone district.
Public Hearing
Page 2
Section 35.5
Clarifies that all uses in the PUD zone district shall comply with the
PUD performance standards.
Section 44.4.11
Establishes a new operation standard for open mining operations
relating to injury to vested or conditional water rights and identifies
mitigation alternatives to prevent injury to vested or conditional-
water rights.
Sections 44.4.11 through 44.5
Renumbers existing sections with no changes to the existing text.
Section 90
Establishes requirements and procedures for creating vested property
rights pursuant to new legislation in the Colorado Revised Statutes.
WELD COUNTY SUBDIVISION REGULATIONS
SECTION 16
Establishes requirements and procedures for creating vested property
rights pursuant to new legislation in the Colorado Revised Statutes.
All persons in any manner interested in the proposed amendments to the Weld
County Zoning Ordinance and Subdivision Regulations are requested to attend
and may be heard.
Materials pertaining to the proposed amendments are available for public
inspection in the office of the Department of Planning Services, Room 342,
Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Phone:
356-4000, Extension 4400.
Ann Garrison, Chairman, Weld County Planning Commission
To be published in the Johnstown Breeze
To be published one (1) time by December 31, 1987 (publication date)
Received by: ,I /
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Date: /a/a [-el
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