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HomeMy WebLinkAbout1991- 2 Amending Title 18 of the Vail Municipal Code by the Addition of Chapter 18.67 Vested Property Rights• ~ ~ ~.. ~ ., ORDINANCE NO. 2 Series of 1991 AN ORDINANCE AMENDING TITLE 1$ OF THE MUNICIPAL CODE OF THE TOWN OF VAIL SY THE ADDITION OF C#lAPTER 18.67 VESTED PROPERTY RIGHTS; AND SETTING FORTH DETAILS IN REGARD THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Title 18 is hereby amended by the addition of Chapter 18.67 to read as follows: 18.67.O1D 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. 1,8.67.020 D£T=INITIONS A. Site specific development plan shall mean and be limited to a final major or minor subdivision plat, or a special development district development plan. B. Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of the site specific. development plan, and shall be deemed established upon approval of a site specific development plan. 18.67.030 NOTICE AND HEARING No site specific development plan shall be approved by the Town Council or any Town board or commission as applicable, until after a public hearing proceeded by written notice of such hearing, in accordance with Chapter 8.68 of the Vail Municiy-~al Code. Such notice may, at the option of the Town, be combineci with the notice for any other hearing to be held in conjunction with the hearing on the site specific development plan far the subject property. At such hearing, persons with an interest in the subject matter of the hearing shall have an opportunity to present relevant or material evidence as determined by the Tawn Counci] or Town board or commission as applicable. 18.67.035 ACTION FOR APPROVAL OF SITE SPECIFIC DEVELOPMENT PLAN CONDITIONS The action of the Tawn Council or Town board ar commission as applicable for approval of a site specific development plan shall be in the same form as that required to approve any request being considered for the subject property in conjunction with the hearing on-the site specific development plan, such • • • action being either by ordinance, resolution, or motion as the case may be. If any action by any board or commission is appealed to or called up by the Town Council, approval shall be deemed to occur when a final decision of the Town Council is rendered approving the site specific development plan. The approval may include such terms and conditions as may be reasonably necessary to protect the public health, safety, and welfare, and the failure to abide by any such terms and conditions may, at the option of the Town Council ar Town board ar commission as applicable, and after public hearing, result in the forfeiture of vested property rights. 18.67.040 APPROVAL ~ EFFECTIVE DRTE A sits specific development plan shall be deemed approved upon the effective date of the approval action relating thereto by the Town Council or the Town board or commission as the case may be. 18.67.045 VESTED PROPERTY RIGHTS - DURRTION A. A property right which has bean vested as provided far in this Chapter shall remain vested for a period of three (3} years. In the event amendments to a site specific development plan are proposed and approved, the effective date of such amendments for purposes of the duration of the vested property right, shall be the date of the approval of the original site specific development plan, unless the Town Council or applicable board or commission specifically finds to the contrary and incorporates such finding in its approval of the amendment. 1.0.67.050 NOTICE OF APPROVAL Each map, plat, ar site plan or other document constituting a site specific development plan shall contain the fallowing language: "Approval of this plan may create a vested property right pursuant to Article 6I3 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 native describing generally the type and intensity of use approved, the specific parcel ar parcels of property affected, and stating that a vested property right has been created, shall be published once, not mare than fourteen (14) days after approval of the sate specific development plan in a newspaper of general circulation within the Town. 18.67.055 EXCEPTION TO VESTING OF PROPERTY RIGHTS A vested property right, even though ones established as provided in this Article, precludes any zoning or land use action by the Town or pursuant _2„ ~ ~ ~ to an initiated measure which would alter, impair, prevent, diminish, or otherwise delay the development or ,use of the property as set forth~in the site specific development plan except: A. With the consent of the affected landowners; ar B. Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site specific development plan approval, and which hazards, if uncorrected would pose a serious threat to the public health, safety, and welfare, or C. Ta the extent that the affected landowner receives just compensation for all costs, expenses, and liabilities incurred by the landowner, including but not limited to all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultants fees incurred after approval by the Town Council, or applicable town board or commission, together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution in the value of the property which is caused by such action. O. The establishment of a vested property right pursuant to law shall not preclude the application of ordinances ar regulations which are general in nature and are applicable to all properties subject to land use regulation by ., the Town of Uail, including but not limited ta, building codes, fire, plumbing, electrical and mechanical codes, housing, and dangerous building codes, and design review guidelines. 1fl.67.O60 PAYMENT OF COSTS In addition to any and all other flees and charges impaled by the Municipal Cade of the Town, the applicant far approval of a site specific development plan shall pay all costs relating to such approval as a result of the site specific development plan review including publication of notices, public hearing, and review costs. At the option of the Town, these costs may be imposed. as a fee of $~nn,.,Q.n . Z8.67.p65 OTHER PROVISION UNAFFECTEQ Approval of a site specific development plan shall not constitute an exemption from or waiver of any provisions of this Code pertaining to the i development and use of property. 18.67.070 LIMITATIONS Nothing in this Chapter is intended to create any vested property right, -3- ~ ~ 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 or judicial determination that said Article is invalid or unconstitutional or does not apply to home rule municipalities such as the Tawn of Vail, 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 for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council 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 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. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action ar 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 ar any ordinance previously repealed or superseded unless expressly stated herein. 5. Ail bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, ar ordinance, or part thereof, theretofore repealed. INTRODE~CED, READ AND APPROVED ON FIRST READING this 5th day of Marc]i , 1991, and a public hearing shall be held on this Ordinance an the 5th day of March 1.991, at 7:30 p.m. in the Council chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 5th day of March , 1991. ,~ ~~ Kent f~. Rose, Mayor ATTEST: _~_ ~ ~ ~ .. Pamela A. Brandmeyer, "own Clerk INTROgUC~q, READ, AND APpRgV~p ON SECQNq R£AgING AND gRD~REp PUBLISHED {~ra~ ~i ~.Cc. ~ ~ i s ! ~''~` day o f , 19 91, ~ ~ ~ ~~ Kent Rose Maya'r ` ATTEST:` ~, .,, ~ ~~~.. Pamela A. _Brandmeyer, oT' wn Clerk, F r,~ l ~ °~, ,; ~ .. . _~_ ... "'~ ~~- ~ C ~~ C~ ~~ ~~~ 1987 . ~ ' ~~ SENATE BILL NO. 219. BY SENATORS Fen]on, Cole, Dadge, McCauley, Pastore, P. Powers,. Truji]lo, Wattenberg, Winkler, Beatty, DeNier, Rizzuto, and Strickland; also REPRESENTATIVES Berry, Bowen, Romero, Trujillo, Carpenter, Nume, Owens, Ratterree,~Ulvang, and Tebedo. CONCERNING THE ESTABL[SHiHENT OF VESTED REAL PROPERTY RIGHTS. Be it enacted !~ the General Assembly of the State of Colorado: SECTION 1. Titre 24, Colorado Revised Statutes, 1982 Repl. VoT., as amended, is amended BY TIIE ADDITION OF A NEW ARTICLE to read: ARTICLE 68 Vested Aroperty Rights 24-68-101. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) It is necessary and desirable, as a matter of public policy, to provide for the establishment of vested property rights in order to ensure reasonable certainty, Stability, and fairness in the land use planning process and in order to stimulate economic growth, secure the reasonable investment-backed expectations of landowners, and foster cooperation between the public and private sectors in the area of land use planning. {h) The ability of a landowner to obtain a vested property right after local governmental approval of a site specific development plan will preserve the prerogatives and authority of local government with respect to land use matters, while promoting those areas of statewide Concern described in paragraph {a) of this Subsection (1). APPENDIX 1 Capital letters indicate new material added to existing statutes; dashes through wards indicate deletions from existing statutes and such material not Hart of act. • (c) The establishment of vested property rights will promote the goals specified in this subsection (1) in a manner consistent with section 3 of article II of the state constitution, which guarantees to each person the inalienable right to acquire, possess, and protect property, and is therefore declared to be a matter of statewide concern. 24-68-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Landowner" means any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assigns of such ownership interests. (2} ''Local government" means any county, city and county, city, or town, whether statutory or home rule, acting through its governing body or any board, commission, or agency thereof having final approval authority over a site specific development plan, including without limitation any legally empowered urban renewal authority. {3) "Property" means all real property subject to land use regulation by a local government. (4} "Site specific development plan" means a plan which has been submitted to a local government by a landowner or his representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the farm of, but need not be limited to, any of the following plans or approvals: A planned unit development plan, a subdivision plat, a specially planned area, a planned building group, a general submission plan, a preliminary or general development plan, a conditional or special use plan, a development agreement, or any other land use approval designation as may be utilized by a local government. What constitutes a site specific development plan under this article that would trigger a vested property right shall be finally determined by the local government either pursuant to ordinance or regulation or upon an agreement entered into by the local government and the landowner, and the document that triggers such vesting shall be so identified at the time of its approval. A variance shall not constitute a site specific development plan. "Site specific development plan" shall not include a "sketch plan" as defined in section 30-28--101 (8), C.R.S., or a "preliminary plan" as defined in section 30-28-101 {fi), C.R.S. (5) "Vested property right" means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan. 24-68-103. Vested property right - establishment. PAGE 2-SENATE BILL N0. 219 {1) A vested property right shall be deemed established with respect to any property upon the approval, ar conditional approval, of a site specific development plan, following notice and public hearing, by the local government in which the property is situated. Such vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan including any amendments thereto. A local government may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights. A site specific development plan shall be deemed approved upon the effective date of the local government legal action, resolution, or ordinance relating thereto. Such approval shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall oat begin to run until the date of publication, in a newspaper of general circulation within the jurisdiction of the local government granting the approval, of a notice advising the genera] public of the site specific development plan approval and creation of a vested property right pursuant to this article. Such publication shall occur no later than fourteen days fallowing approval. {2) Zoning that is not part of a site specific development plan shall not result in the creation of vested property rights. 24-68-104. Vested property right - duration - termination. {1) A property right which has been vested as provided for in this article 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 local government. (2} Notwithstanding the provisions of subsection {1) of this section, local governments are hereby authorized to enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum. {3) Following approval or conditional approval of a site specific development plan, nothing in this article shall PAGE 3-SENATE BILL N0. 219 + • exempt such a plan from subsequent reviews and approvals by the local government to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with said original approval. 24-58-105. Subsequent regulation prohibited - exceptions. (1) A vested property right, once established as provided far in this article, precludes any zoning or land use action by a local government or pursuant to an initiated measure which would alter, impair, prevent, diminish, or otherwise delay the development or use of the property as set forth in a site specific develapment plan, except: (a} With the consent of the affected landowner; (b) Gpon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site specific development plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; or (c} To the extent that the affected landowner receives just compensation for all costs, expenses, and liabilities incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultants' fees incurred after approval by the governmental entity, together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution in the value of the property which is caused by such action. (2} The establishment of a vested property right shall oat preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by a local government, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. 24-68-1Q6. Miscellaneous provisions. (1) As used in this article, the term "develapment" includes "redevelopment". (2} A vested property right arising while one local government has jurisdiction over all or part of the property included within a site specific development plan shall be effective against any other local government which may subsequently obtain or assert jurisdiction over such property. (3) Nothing in this article shall preclude judicial determination, based on common law principles, that a vested property right exists in a particular case or that a PAGE 4-SENATE BILE NQ. 219 compensable taking has occurred. {4) This article shall apply only to site specific development plans approved on or after January 1, 1988. SECTION 2. Effective date. This act shall take effect January 1, 13$8. SECTIOiV 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary far the immediate preservation of the public peace, health, and safety. i Ted L. Strickland ~ PRESIDENT OF THE SENATE ~- , "" - Carl B. Bledsoe SPEAKER OF THE HOUSE OF REPRESENTATIVES arj rie L. 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