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HomeMy WebLinkAbout1988- 3 Amending Title 18 of the Vail Municipal Code by the Addition of Chapter 18.62 Vested Property Rights• ~ ,~,;- • ORDINANCE NO. 3 ~`S C Series of 3.988 , AN ORDINANCE AMENDING TITLE 18 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF CHAPTER 18.62 VESTED PROPERTY RIGHTS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Title 18 of the Municipal Code of the Town of Vail is amended by adding thereto a new Chapter 18.62 to read as follows: VESTEO PROPERTY RIGHTS 18.62,010 purpose The purpose of this Chapter is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended. 18.62.020 Definitions As used in this Chapter: A. Site specific development plan means a plan describing with reasonable certainty the type and intensity of use proposed for a specific parcel or parcels of property. Far uses permitted by right in any zoning district, the annexation map or final subdivision plat shall constitute the site specific development plan. For conditional use permits, the site plan and preliminary bud ding plans as set forth in paragraph 18.60.020 D and E shall constitute the site specific development plan. For special development districts, the development plan as set forth in Section 18.40.050 shall constitute the site specific development plan. 18.62.030 Notice and Hearing For those developments for which the landowner wishes the creation of vested rights, the approval by the Town of the project at a hearing conducted at the request of the landowner shall be required. Such hearing follows the successful approval of the development at all other required stages of the development review process. Failure of the landowner to request such a hearing shall mean no vested rights shall be deemed to have been created. For the purposes of this Section, successful approval of the development at all other required stages of the development review process shall not occur until such time that any given appeal period has passed or any appeal which has been brought during said period has been concluded in the landowner's favor. ~ . .... t • 18.62.040 Notice of Approval • Each map, plat or site plan or other document constituting a site specific development plan shall contain the following language: "Approval of this plan may create a vested right pursuant to Article ~'T 68 of Title 24 C.R.S., as amended." Failure to contain this statement shall invalidate the creation 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 fourteen (14) days after approval of the site specific development plan, in a newspaper of general circulation within the Town of Vail. 18.62.050 Payment of Gosts In addition to any and all other fees and charges imposed by this Code, the applicant for approval of a site specific development plan shall pay all casts resulting to the Town of Vaii because of the site specific development plan rev;ew, including publication of notices, public hearing and review casts. 18,62.060 Other Provisions Unaffected Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provision of this Gode pertaining to the development and use of property. 18.62.D70 Limitations Nothing in this Ghapter 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 ar a judicial determination that said Article is invalid or unconstitutional, this Chapter shall be deemed to be repealed and the provisions hereof no longer effective. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is far any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Gouncil hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more s parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. _2_ .. .~ .. • • • 4. The repeal or the repeal and reenactment of any provision of the Municipal Cade of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that 6ccurred prior to the effective date hereof, any prosecution commenced, nor any other action or .~ proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING this day of , 1988, and a public hearing sha11 be held on this ordinance on the day of , 198$, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this ATTEST: Pamela A. Brandmeyer, Town Clerk day of Kent R. Rase, Mayor 1988. INTRODUCED, READ AND APPROVEp ON SECOND READING AND ORDERED PUBLISHED this day of ATTEST:. Pamela A. Brandmeyer, Town Clerk 7.988. Kent R. Rose, Mayor ti -3-