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Home My WebLink About20202992.tiff RESOLUTION RE: APPLY PENDING ORDINANCE DOCTRINE TO CODE ORDINANCE #2020-16, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, 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, in accordance with Section 3-14 of the Weld County Home Rule Charter, the Board is currently considering Code Ordinance #2020-16, In the Matter of Repealing and Reenacting, with amendments, Chapter 23 Zoning and Chapter 24 Subdivisions, of the Weld County Code, and WHEREAS, the pending ordinance doctrine authorizes the County to decline to accept a new permit application on the basis that such requested use would be prohibited by an ordinance then pending consideration by the Board of County Commissioners, and WHEREAS, Code Ordinance #2020-16 was approved by the Board at First Reading on September 28, 2020, with Second and Third Readings presently scheduled for October 21, 2020, and November 16, 2020, respectively, and WHEREAS, the Board finds it likely that the Department of Planning Services may receive a greater than average number of permit applications for uses and land divisions that will no longer be permitted under the proposed code changes unless the Board expressly applies the pending ordinance doctrine to Code Ordinance #2020-16. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the pending ordinance doctrine, be, and hereby is, applied to Code Ordinance#2020-16. BE IT FURTHER RESOLVED by the Board that any development or proposed development not vested in accordance with law prior to October 21, 2020, shall comply with the terms and provisions of Code Ordinance #2020-16 upon final adoption. BE IT FURTHER RESOLVED by the Board that, beginning October 21, 2020, the Department of Planning Services is hereby directed to decline to accept any application for a permit or land division that would be prohibited by the Weld County Code after final adoption of Code Ordinance #2020-16. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board, be, and hereby is, directed to have published this Resolution in full, said publication to be on October 7, 2020. cc. PLCTP17F), CACLU(),FmCtawIJo), ACTCBC(eo), AOCRR) 11/y4120 2020-2992 ORD2020-16 APPLY PENDING ORDINANCE DOCTRINE TO CODE ORDINANCE #2020-16 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: da •X,Gt.O•� �V ' (AYE) Mike Freeman, Chair Weld County Clerk to the Board (AYE) - Steve oreno, Pro-Tem BY: Deputy Clerk to the Board �r '•�`�, (NAY) • S t . James AP VED ' ! FOR ; � �£4 i _�� = AYE) �►'.arbara Kirkme - County Attorney r (AYE) Kevin D. Ross Date of signature: 1O/29/ .•-.�' 2020-2992 ORD2020-16 NOTICE OF RESOLUTION NOTICE IS HEREBY GIVEN that the below Resolution has been adopted by the Board of Weld County Commissioners in reference to Weld County Code Ordinance #2020-16, a copy of which may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. RESOLUTION NUMBER 2020-2992 APPLY PENDING ORDINANCE DOCTRINE TO ORDINANCE NUMBER 2020-16, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, 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, in accordance with Section 3-14 of the Weld County Home Rule Charter, the Board is currently considering Ordinance #2020-16, In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning and Chapter 24 Subdivisions, of the Weld County Code, and WHEREAS, the pending ordinance doctrine authorizes the County to decline to accept a new permit application on the basis that such requested use would be prohibited by an ordinance then pending consideration by the Board of County Commissioners, and WHEREAS, Ordinance #2020-16 was approved by the Board at first reading on September 28, 2020, with second and third readings presently scheduled for October 21, 2020, and November 16, 2020, respectively, and WHEREAS, the Board finds it likely that the Department of Planning Services may receive a greater than average number of permit applications for uses and land divisions that will no longer be permitted under the proposed code changes unless the Board expressly applies the pending ordinance doctrine to Ordinance #2020-16. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the pending ordinance doctrine, be, and hereby is, applied to Ordinance #2020-16. BE IT FURTHER RESOLVED by the Board that any development or proposed development not vested in accordance with law prior to October 21, 2020, shall comply with the terms and provisions of Ordinance #2020-16 upon final adoption. BE IT FURTHER RESOLVED by the Board that, beginning October 21, 2020, the Department of Planning Services is hereby directed to decline to accept any application for a permit or land division that would be prohibited by the Weld County Code after final adoption of Ordinance #2020-16. 2020-2992 BE IT FURTHER RESOLVED by the Board that the Clerk to the Board is hereby directed to have published this resolution in full, said publication to be on October 7, 2020. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 2, 2020 PUBLISHED: October 7, 2020, in the Greeley Tribune NOTICE OF RESOLUTION NOTICE IS HEREBY GIVEN that the below Resolution has been adopted by the Board of Weld County Commissioners in refer- ence to Weld County Code Ordinance#2020-16,a copy of which may be examined in the office of the Clerk to the Board of Coun- ty Commissioners,located within the Weld County Administra- Media, ton Building, 1150 0 Street, Greeley, Colorado, between the hours of 8:00 a.m.and 5:00 p.m.,Monday thru Friday,or may be accessed through the Weld County Web Page(www.weldgov. com).E-mail messages sent to an individual Commissioner may PUBLISHER'S AFFIDAVIT not be included in the case file.To ensure inclusion of your e- mail correspondence Into the case file,please send a copy to County of Weld egesick iwweldgov.com. RESOLUTION NUMBER 2020-2992 State of Colorado APPLY PENDING ORDINANCE DOCTRINE TO ORDINANCE NUMBER 2020-16,IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVI- SIONS,OF THE WELD COUNTY CODE WHEREAS,the Board of County Commissioners of Weld The undersigned, Elizabeth Maes ,being first duly County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter,is vested with the authority of ad- sworn under oath,states and affirms as follows: ministering the affairs of Weld County,Colorado,and WHEREAS,in accordance with Section 3-14 of the Weld County Home Rule Charter, the Board is currently considering Ordi- 1. He/she is the legal Advertising Reviewer of nance#2020-16,In the Matter of Repealing and Reenacting,with Amendments,Chapter 23 Zoning and Chapter 24 Subdivisions,of Prairie Mountain Media LLC,publisher of the the Weld County Code,and WHEREAS,the pending ordinance doctrine authorizes the Greeley Tribune. County to decline to accept a new permit application on the ba- sis that such requested use would be prohibited by an ordinance Y then pending consideration by the Board of County Commission- of general circulation that has been published ers,and WHEREAS,Ordinance#2020-16 was approved by the Board continuously and without interruption for at least at first reading.on September 28,2020,with second and third fifty-two readings presently scheduled for October 21,2020,and Novem- ftY iwo weeks in Weld County and ber 16,2020,respectively,and meets the legal requisites for a legal newspaper WHEREAS,the Board finds it likely that the Department of Planning Services may receive a greater than average number of under Colo.Rev.Stat.24-70-103. permit applications for uses and land divisions that will no lon- ger be permitted under the proposed code changes,unless the copy, Board expressly applies the pending ordinance doctrine to Ordi- published in the Greeley Tribune nance#2020-16. NOW,THEREFORE,BE IT RESOLVED by the Board of County in Weld County on the following date(s): Commissioners of Weld County,Colorado,that the pending ordi- nance doctrine,be,and hereby is,applied to Ordinance#2020- 16. Oct 7,2020 BE IT FURTHER RESOLVED by the Board that any develop- ment or proposed development not vested in accordance with law prior to October 21,2020,shall comply with the terms and provisions of Ordinance#2020-16 upon final adoption. BE IT FURTHER RESOLVED by the Board that,beginning Oc- tober 21,2020,the Department of Planning Services Is hereby di- rected to decline to accept any application for a permit or land division that would be prohibited by the Weld County Code after final adoption of Ordinance#2020-16. BE IT FURTHER RESOLVED by the Board that the Clerk to the ld is atio directed to have ,published 200. this resolution in /f full,said publication to be on October 7,2020. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 30th day of September,A.D.,2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Signature DATED: October 2,2020 PUBLISHED: October 7,2020,in the Greeley Tribune-1742912 S bscribed and m to before me this ( J day ofc' 2 'LO. ti Notary Public SHAYLA NAJERA i NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 (SEAL) MY COMMISSION EXPIRES JULY 31,2021 Account: 1099690 Ad Number: 1742912 Fee: $25.84 1.4 Hello