HomeMy WebLinkAbout956 Turner Commons Repeal Ord 789 Vested Rights AgrmntORDINANCE 956
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, REPEALING IN ITS ENTIRETY ORDINANCE NO, 789 REGARDING
THE TURNER COMMONS VESTED RIGHTS AGREEMENT
WHEREAS, on October 26, 2011, the Board of Trustees ("Board") of the Town of Firestone,
("Town"), by Ordinance No. 788, approved a zoning request submitted by Firestone Partners LLC
("Developer") regarding certain real property annexed into the Town and known as the Turner
Commons Annexation and an Outline Development Plan ("ODP") for such property; and
WHEREAS, concurrent with the Turner Commons Annexation zoning request, Developer
submitted to the Town a request for approval of an Overall Final Development Plan ("OFDP"),
which the Board approved on October 26, 2011, by Resolution No. 11-30, subject to the Developer
satisfying a number of conditions set forth on Exhibit A to Resolution No. 11-30, attached hereto
and made a part of this ordinance; and
WHEREAS, on October 26, 2011, the Board approved, by Ordinance No. 789, a Vested Rights
Agreement ("VRA") between the Town and Developer of the Turner Commons Annexation
("Project" ), and
WHEREAS, the VRA granted the Project a vested property right in the land uses set forth in the
Firestone Development Regulations for the ru C zone district, designating such land uses as
a "site development plan" as that term is used in, and for purposes of, C.R.S. § 24-684 01 et seq.,
the Vested Rights Statute, for a period of nine (9) years from the "Effective Date" of the VRA;
WHEREAS, in accordance with the VRA the "Effective Date" is the later of the Developer
acquiring fee title to the Property or the recordation of the VRA, neither of which has occurred as
of the date of this ordinance; and
WHEREAS, the VRA also set forth a condition precedent as to the effectiveness of the VRA, the
establishment ofthe Site Development Plan, and the vesting of property rights in the Project, which
includes approval and effectiveness of the OFDP, and which if not met would render the VRA null
and void and result in a forfeiture of vested property rights for the Project, and
WHEREAS, the Weld County Clerlc and Recorders Office records show that at the date of the
approval of the VRA, (October 26, 2011) the Property was owned by RJ Holdings, LLC,
Fahrenholtz Ronald L. Revocable Trust until sold to the current owner, Fahrenholtz Ronald L.
Trust, on December 12, 2016; and
WHEREAS, additionally the Developer in accordance with the records of the Colorado Secretary
of State, effective July 10, 2012, voluntarily relinquished its authority to transact business or
conduct activities in the State of Colorado; and
WHEREAS, upon finding that the Developer failed to satisfy the conditions precedent necessary
for the approval' and effectiveness of the OFDP, the Board by Resolution No. 19-82, adopted on
September 11, 2019, repealed Resolution 11-30 and the OFDP for the Project.
WHEREAS, because the OFDP for the Project is null and void, the Board finds and determines
that the VRA can never become effective; and
WHEREAS, because Developer is no longer an existing, legal entity, the Board further finds and
determines that Developer can never execute the VRA and, thus, the "Effective Date" of the VRA
can never occur; and
WHEREAS, the Board therefore desires to repeal in its entirety Ordinance No. 789, which
approved the VRA.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO,
Section 1. Ordinance No. 789 is hereby repealed in its entirety, thereby terminating the
Vested Rights Agreement between the Town of Firestone and Firestone Partners LLC.
Section 2. If any article, section, paragraph, sentence, clause, or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees
hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the
fact that any one part or parts be declared unconstitutional or invalid.
Section 3. Violations of this ordinance shall be punishable in accordance with Section
1.16.010 of the Firestone Municipal Code of the Town of Firestone.
Section 4. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED
BY TITLE this 11`h dayv of September, 2019.
ONEF
ATTEST:
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Leah Vanarsdall, Town Cleric
William
AS TO FORM:
"Town Attorney
Sir ,
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