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O o EMERGENCY ORDINANCE NO. 89-M
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Ca IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF
,.a CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO
OO 3 ORDINANCE NO. 89 , WELD COUNTY ZONING ORDINANCE, AS CURRENTLY
o a AMENDED, REVISING AND ADDING CERTAIN PROCEDURES , TERMS, AND
v-W REQUIREMENTS , AND FINDING THAT AN EMERGENCY EXISTS.
O• BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
o
w COUNTY, COLORADO:
WHEREAS, the Board of County Commissioners of Weld County,
`rya Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
m v affairs of Weld County, Colorado, and
H WHEREAS, the Board of County Commissioners has the power and
w authority under the Weld County Home Rule Charter and State
co) Statute, including Article 28 of Title 30 , C.R.S. , to adopt zoning
% regulations for the unincorporated areas of the County of Weld,
o and
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z WHEREAS, the Board cf County Commissioners of Weld County,
r, z Colorado, has previously adopted Ordinance No. 89 , Weld County
o 4Zoning Ordinance, establishing a comprehensive revision of the
a zoning regulations and zoning maps for the unincorporated areas of
a the County of Weld, and has adopted amendments in Ordinances 89-A
through 89-L, and
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.-iN WHEREAS, said Ordinance No. 89 , as amended, is in need of
'" '" revision and clarification with regard to procedures, terms, and
% I'4 requirements therein.
WHEREAS, said revision is necessary in order for Weld County
to meet certain requirements set forth by amendments to the
Colorado Revised Statutes which became effective January 1 , 1988 .
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Weld County, Colorado, that said Ordinance No.
89 , as amended, is further amended by the addition of a new
section to read as follows :
Add a new Section 90 to read:
90 VESTED PROPERTY RIGHTS
90 . 1 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.
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801351
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ORDINANCE #89-M
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o 90 .2 Definitions. As used in this section, unless the
;o context otherwise requires:
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90 .2. 1 LANDOWNER: Any owner of a legal or equitable interest
o AW in real PROPERTY and includes the heirs, successors, and
O 3 assigns of such ownership interests.
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(4-14 90 .2 . 2 LOCAL GOVERNMENT: Any county, city and county, city, or
o town, whether statutory or home rule, acting through its
o governing body or any board, commission, or agency
a thereof having final approval authority over a SITE
SPECIFIC DEVELOPMENT PLAN, including without limitation
any legally empowered urban renewal authority.
W• 90 .2 .3 PROPERTY: All real PROPERTY subject to land USE
co regulation by a LOCAL GOVERNMENT.
rzH 90 . 2 . 4 SITE SPECIFIC DEVELOPMENT PLAN: A Use by Special
,, E Review (including Open Mining and Major Facilities of a
o Public Utility) or Planned Unit Development Final Plan
application which has been submitted to Weld County and
y w receives approval or conditional approval by the Board
r` w of County Commissioners . Final or conditional approval
z by the Board of County Commissioners creates vested
cm rights pursuant to Article 68 of Title 24 , C.R.S. , as
e amended. No other type of land-use application shall be
w e4 considered a SITE SPECIFIC DEVELOPMENT PLAN.
a
90 . 2 . 5 VESTED PROPERTY RIGHT: The right to undertake and
CON complete the DEVELOPMENT and USE of property under the
N� terms and conditions of a SITE SPECIFIC DEVELOPMENT
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PLAN.
90 .3 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.
90 .4 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 Use by Special Review, Planned Unit
Development Final Plan, or with any other required
notice. Interested persons shall have an opportunity to
be heard at the hearings.
Page 3
ORDINANCE #89-M
90 .5 Approval--effective date--amendments. A SITE SPECIFIC
DEVELOPMENT PLAN shall be deemed approved upon the
effective date of the Board of County Commissioners
o o
final or conditional approval action. In the event
o amendments to a SITE SPECIFIC DEVELOPMENT PLAN are
M O proposed and approved, the effective date of such
u amendments, for purposes of duration of a VESTED
O PROPERTY RIGHT, shall be the date of the approval of the
O w original SITE SPECIFIC DEVELOPMENT PLAN, unless the
Board specifically finds to the contrary and
O- x incorporates such finding in its approval of the
A amendment.
O
u 90 .5 .1 The Board of County Commissioners may approve a SITE
m z SPECIFIC DEVELOPMENT PLAN upon such terms and conditions
-O as may reasonably be necessary to protect the public
v health, safety, and welfare. The conditional approval
N shall result in a VESTED PROPERTY RIGHT, although
a
z failure to abide by such terms and conditions will
0° U result in a forfeiture of VESTED PROPERTY RIGHTS.
�z
C w 90 . 6 Development agreements. The Board of County
CV N Commissioners may enter into development agreements with
cp a landowners providing that PROPERTY rights shall be
o 0 vested for a period exceeding three years where
d w warranted in light of all relevant circumstances,
134
o including, but not limited to, the size and phasing of
✓ 2 the DEVELOPMENT, economic cycles , and market conditions .
N .< Such development agreements shall be adopted as
o
legislative acts subject to referendum as provided for
u a
in the Weld County Home Rule Charter.
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in LO 90 .7 Notice of approval. Each map, plat, or other document
CO N constituting a SITE SPECIFIC DEVELOPMENT PLAN shall
I-1 r1 contain the following language : "Approval of this plan
CO r=., 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
newspaper designated by the Board of County
Commissioners for publication of notices.
90 . 8 Payment of costs. In addition to any and all other fees
and charges imposed by this ordinance , the applicant for
Page 4
ORDINANCE #89-M
approval of a SITE SPECIFIC DEVELOPMENT PLAN shall pay
all of the County' s costs resulting from the SITE
o• U SPECIFIC DEVELOPMENT PLAN review, including publication
✓ U
of notices, public hearing and review costs.
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90 . 9 Other provisions unaffected. Approval of a SITE
o W SPECIFIC DEVELOPMENT PLAN shall not constitute an
0 3 exemption from or waiver of any other provisions of this
o a ordinance pertaining to the DEVELOPMENT and USE of
w property. The establishment of a VESTED PROPERTY RIGHT
oshall not preclude the application of ordinances or
regulations which are general in nature and are
applicable to all PROPERTY subject to land USE
co
regulation by a LOCAL GOVERNMENT including, but not
° limited to, building, fire, plumbing, electrical , and
mechanical codes.
co 90 . 10 Limitations. Nothing in this section is intended to
• z create any VESTED PROPERTY RIGHT, but only to implement
• H the provisions of Article 68 of Title 24 , C.R.S. , as
ry�., amended. In the event of the repeal of said article or
o a judicial determination that said article is invalid or
unconstitutional, this section shall be deemed to be
o
• w repealed, and the provisions hereof no longer effective.
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a Z If any section, subsection, paragraph, sentence , clause or
c~v < phrase of this Ordinance is for any reason held or decided to be
invalid or unconstitutional, such decision shall not affect the
o P4 validity of the remaining portion. The Board of County
a Commissioners hereby declares that it would have passed the
Ordinance, and each and every section, subsection, paragraph,
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co L-4 sentence, clause and phrase thereof irrespective of the fact that
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• , any one or more sections, subsections, paragraphs , sentences ,
tea. clauses, or phrases might be declared to be unconstitutional and
invalid.
BE IT FURTHER ORDAINED that the Board of County Commissioners
hereby finds and determines the necessity of promptly enacting
this Ordinance No. 89-M constitutes an emergency under the
provisions of Section 3-14 of the Weld County Home Rule Charter.
Page 5
ORDINANCE #89-M
The above and foregoing Ordinance No. 89-M was , on motion
duly made and seconded, adopted by the following vote on the 10th
day of February, A.D. , 1988 .
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BOARD OF COUNTY COMMISSIONERS
L ATTEST: , , 4� a q WEL OUNTY, COLORADO
a Weld Cony[// `r7 k ta4d' tecorder
o w and Cler o $ ::Bo tt Gene R. Brantner, Chairman
o
CD a EXCUSED
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�c BY: �7Y�17� bl r f� C.W. Kirby, Pro-Tem
o eputy County Jerk
a APPROVED AS TO FORM: =cq ; ine, ' o nson
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ri "efi mow. ��
a4 O': • La'
coiw—1 n G iA.r j
co ci Count A torne
z Frank Yamaguchi
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o Read and Approved: February 10 , 1988
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w Published: February 18 , 1988 , in the Johnstown Breeze
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o Effective: February 10 , 1988
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_-. _- , pi�nipny nnwung Hite v,omanLe -_____ ._ -
Board of County Commissioners. No. 89-M constitutes an emer-
90.4 Notice and hearing. No 9ency under the provisions of
SITE SPF'-iFIC DEVELOPMENT Section 3-14 of the Weld County •
PLAN e be approved until Home Rule Charter.
after a , J hearing, preceded The above and foregoing
by written notice of such hearing. Ordinance No. 89-M was. on
Such notice may, at the County's motion duly made and seconded,
notice, be combined with the adopted by the following vote on
notice required for the Use by the 10th day of February, A.D.,
Special Review, Planned Unit 1988 AFFIDAVIT OF PUBLICATION
Development Final Plan. or with
any other required notice. Inter-
ested persons shall have anCOMMISSIONERS
NO. 89 M hearings.
EMERGENCY ORDINANCE opportunity
to be heard at the wELC COUNTY COLORADO
THE JOHNSTOWN BREEZE
IN THE MATTER OF THE 90.5 Approval — effective STATE OF COLORADO 1
REPEAL AND RE-ENACTMENT, date — amendments. A SITE Gene R. Brantner, Chairman ) SS
•
WITH AMENDMENTS OF CER- SPECIFIC DEVELOPMENT PLAN Excused COUNTY OF WELD >
AD SECTIONS, AND THE shall t be deemed f teapproved upon f C. W. Kirby. Pro-Tem 1, Clyde Briggs,do solemnly swear that
TONS ADDITION. R NAN E•� o.� the my date of Commissioners s Board of• WELD TO O UNTYNC-za NI County laprolfinal o Inor Jacqueline Johnson
WELD COUNTY RENTLY conditional approval action. In am publisher of The Johnstown Breeze;
ORDINANCE, AS CURRENTLY the event amendments to a SITE Gordon E Lacy that the same is a weekly newspaper
AMENDED;.. REVISING AND SPECIFIC DEVELOPMENT PLAN
ADDING CERTAIN PRO- are proposed and approved,.the prank Yamaguchi printed, in whole or in part, and published
CEDURESN TERMS AND' RE- effective date of such amend- in the County of Weld, State of Colorado.
THAT A E TS, AND FINDING menis, for purposes of duration ATTEST. Mary Ann Feuerstein
THAT AN EMERGENCY EXISTS, of a VESTED PROPERTY RIGHT, and has a general circulation therein; that
shall be the date of the approval
of the original SITE Weld County Clerk said newspaper has been published
BE IT ORDAINED BY •THE
BOARD OF COUNTY COMMIS- DEVELOPMENT PLAN,, unless sss and Recorder and Clerk
to the Board continuously and uninterruptedly in said
STONERS OF WELD COUNTY, the Board specifically finds to the
COLORADO:' - contrary and incorporates such County of Weld for a period of more than
finding in its approval of the BY: Tommie Antuna
WHEREAS; the Board of amendment. Deputy County Clerk fifty-two consecutive weeks prior to the
County Commissioners.of Weld APPROVED AS'TO FORM: first publication of the annexed legal notice
County, statute pursuant to Co.m.t The Board of roe a or advertisement; that said newspaper has
e- u end the Weld Commissioners SITE may approve a Lee N. Morrison been admitted to the United States mails as
COunty vested Home/ Rule Charter, is f LA n such
terms d Asst. County Attorney
mini with the eurs oily Weld
PLAN upon sayh terms and
county,
Colo a the affairs of Weld conditions as may reasonably the be Read and Approved.February 10, second-class matter under the provisions of
CoVnty(Golbratlo,and health. safety,yt fa public h 1988 the Act of March 3, 1879, ur any
health, safety, and welfare. The
WHEREAS, the Board of conditional approval shall result Published: February 18. 1988, in amendments thereof, and that said
County Commissioners has the in a VESTED PROPERTY RIGHT, newspaper is a weekly newspaper duly the Johnstown Breeze
power and authority under the although failure to abide by such
Weld County Home Rine Charter terms and conditions will result in Effective: February 10. 1988 qualified for publishing legal notices and
and State Statute, Including RS, a PERTY RIGHTS.f VESTED PRO- advertisements within the meaning of the
Article adopt 28 of ge regulations ORS, to
unincorporated-zoning as -for.the 90.6 Development Agree- laws of the State of Colorado.
utyof a ands' et -t mants. The Board of County
County of Weld and • - Commissioners may enter into That the annexed legal notice or advertise-
WHEREAS the . Board of development agreements with ment was published In the regular and
County oloririssi has Weld PROPERTY rights shall be entire issue of every number of said weekly
C has County,Colorado, previously landowners providing that
vested lot a period exceeding adopted Ordinance Na 89,Weld three years where warranted in newspaper for the period of consecu-
County.Zoning Ordinance,estab- light of all relevant circum- live insertions; and that the first
lisping a comprehensive[evislnd stances, including,but not limited
of the zoning regulations and to. the size and phasing of the publication of said notice was in the issue of
zoning maps for the uni at Weld. DEVELOPMENT, •
economic said newspaper dat.•d.7a A.D. 'brig
eted areas of the sinend of W@Id cycles, and market conditions.
and has adopted amendments in Such development agreements and that the last publication of said notice
Ordinances 89-A•.thrdVgh 89-L, shall be adopted as legislative
and • acts subject to referendum as was in the issue of s id newspaper date
d
S WHEREA said Ordinance No. provided for in the Weld County A,D. Mgr.
Home Rule Charter.
89, as eandAe Is need of • In witness whereof 1 have hereunto set
revision and clarification with 90.7 •
Notice of approval. Each my hand this .,2.3... day of •.1F• -•
regard to procedures,therein. terms,and map, plat. or other document
requirements thereh - constituting a SITE SPECIFIC A.D. 19. .%
ec WHEREAS, ald revision Is DEVELOPMENT PLAN shall _�f//�J/s�
necessary In order for' nts contain the following i la pursuant ` / //:�
County'to meet'certain require- "Approval of this plan may create
meths set forth d a amendments ed Statutes
to vested 68property f right pursuant
to1,the redORevlsad Article 68 of Title val C.R.S.,as
Publisher
whichbecame:effective January amended." Failure to contain this
1, 1988, statement shall invalidate the
• creating of the VESTED •
NOW, THEREFORE, BE IT PROPERTY RIGHT. In addition, a
ORDAINED .by the Board of notice describing generally the
County Commissioners of Weld type and intensity of USE Subscribed and sworn to before me, a
County, Colorado, that said approved, the specific parcel or
Ordinance Na 89, as amended parcels of property affected and Notary Public in and for the Qounty of
is further amended by the addi- statina that a VESTED Weld State of Colorado, this .24... day of
tion of a.new section:�to read as F.'P1 A.D. 19.Al..
�"/l?�� �ary•
Public.
9� Notary Public
My commission expires -
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