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.
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18.62.040 Notice of Approval
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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
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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
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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.
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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
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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
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