TC Ord. No. 2006-09 Amending chapter 17.14 title 17 avon muni code relating to vested property rightsTOWN OF AVON, COLORADO
ORDINANCE NO. 06-09
Series of 2006
AN ORDINANCE AMENDING CHAPTER 17.14, TITLE 17, AVON MUNICIPAL
CODE, RELATING TO VESTED PROPERTY RIGHTS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. The definition of site specific development plan
contained in Section 17.14.020, Chapter 17.14, Title 17, Avon Municipal Code, is amended to
provide as follows:
Site specific development plan means a planned unit development plan approved
pursuant to Section 17.20.110 of this Code together with a development agreement
approved pursuant to Section 17.14.060(a) hereof.
Section 2. Amendment. Section 17.14.040, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
No site specific development plan shall be approved until after public hearings
in compliance with Chapter 17.28 of this Code.
Section 3. Amendment. Paragraph (b) of Section 17.14.050, Chapter 17.14,
Title 17, Avon Municipal Code, is amended to provide as follows:
The failure of the document constituting a site specific development plan to
contain this language shall invalidate the creation of the vested property right. In
addition, a notice generally describing the type and intensity of the use approved, the
specific parcel or parcels affected and stating that a vested property right has been created
shall be published once by the landowner in a newspaper of general circulation in the
Town not more than fourteen (14) days after final adoption of the ordinance approving
the site specific development plan.
Section 4. Amendment. Section 17.14.060, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
(a) A property right vested pursuant to this Chapter after June 1, 2006, shall
remain vested for a period designated in a development agreement, not to exceed five (5)
years. Provided, nothing contained in this paragraph shall be construed so as to prevent
the Town Council from agreeing as a part of the development agreement for extensions
of the period of vesting upon further public hearing and demonstration by the landowner
that it meets the conditions for such extension contained in the development agreement
and that the site specific development plan complies with the Comprehensive Plan in
effect at the time of consideration of the extension.
(b) Any site specific development plan for a multiple-phase development
approved after June 1, 2006, may have separate vesting created for each phase. The
vesting for any subsequent phase may be contingent upon completion of the preceding
phase and review by the Town Council. Such review shall include but not be limited to
whether the landowner or developer is in compliance with its obligations to the Town,
including but not limited to the site specific development plan, the development
agreement and any other agreements between the landowner and the Town, as they may
have been amended from time to time.
(c) The rights vested by any site specific development plan approved after June 1,
2006, may be terminated, upon a finding of a material breach of any condition of
approval of the plan, or any component thereof, including the failure of the landowner to
comply with the terms and conditions of the development agreement, the site specific
development plan, a related subdivision improvements agreement or any other agreement
related to that development. Any such hearing shall be initiated by the adoption by the
Town Council of an order and notice to show cause, which shall describe the basis on
which termination is sought.
Section 5. Amendment. Section 17.14.070, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
The establishment of a vested property right shall not preclude the application of
ordinances or regulations which are general in nature and are applicable to all property
subject to land use regulation by the Town including, but not limited to, the regulations
contained in Title 15 of this Code.
Section 6. Amendment. Section 17.14.080, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
Any consideration, after June 1, 2006, of an amendment to a site specific
development plan shall include compliance with the Comprehensive Plan then in effect.
In the event an amendment to a site specific development plan is approved, the same shall
have a new period of vesting created pursuant to and subject to the provisions of this
Chapter in effect at the time of approval of the amendment.
Section 7. Repeal. Sections 17.14. 100 and 17.14.110, Chapter 17.14, Title 17,
Avon Municipal Code, are repealed.
Section 8. Severability. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable.
Ordinance No. 06-09 Vested Property Rights
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 9th day of May, 2006, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 23rd day of May, 2006, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
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ATTEST:
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INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the.Vth day of June, 2006.
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Ronald C. Wolfe, Mayor
ATTEST:
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APPROVED AS TO
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Joh W. Dunn, Town Attorney
Ordinance No. 06-09 Vested Property Rights
Page 3 of 3
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MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: ORDINANCE AMENDMENTS RELATING TO VESTED
RIGHTS AND APPLICATIONS PURSUANT TO ZONING AND
SUBDIVISION REGULATIONS
DATE: May 17, 2006
These ordinances are before Council for second reading.
amendment of a development plan.
The ordinance related to applications for zoning and subdivision approval contains
only one change. In Section 1 the language has been expanded to included applications for
The ordinance related to vested rights contains a number of changes. The remainder
of this memorandum repeats the history of vested rights and describes the proposed changes to the
Town's vested rights, including those arising from discussion at the last Council meeting.
Before 1987 it was very difficult to have a "vested right in any zoning approval.
The concept of "common law vesting" had been developed, pursuant to which it was necessary to
show reliance upon a zoning approval before there was any vested interest in it. Usually it was
necessary to show that a building permit had been issued and that money had been spent to develop
the property in conformance with the zoning approval. Without reliance of that kind, the zoning
approval could be revoked without damage to the property owner.
In 1987 the legislature adopted the Vested Property Rights Law to change that
common law rule. In essence the legislation entitled any. property owner, in association with an
application for approval of any site specific development plan, to request that the approval
constitute a vested right. Under the law the property owner was entitled to a vested right of three
years duration although the local government in its discretion could agree to a longer period. The
law also required that each local government adopt its own vested rights ordinance. At first the law
and the Town's ordinance were little used, and the Town did not receive such a request until 1996
when the first application for approval of The Village (at Avon) was filed.
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As a matter of additional history, the vested rights statute was amended in 1999.
The Town has never acted to incorporate those amendments into the ordinance.
Changes to the Town's present ordinance are as follows:
1. 17.14.020. The definition of "site specific development plan" is changed from its
present, rather circular definition to the documents currently used to vest property rights, the PUD
development plan and a development agreement. "Site specific development plan" is so broad as
to permit the vesting of nearly anything. Limiting the definition as proposed narrows what can be
vested and requires great specificity.
2. 17.14.040. The hearing procedure is deleted and replaced with a cross-reference
to the code section which sets forth the procedure for approval of a PUD. It has been the practice
over the past ten years to handle a request for vesting like any other zoning application.
3. 17.14.050. The burden to publish a notice of vesting of property rights is shifted
to the applicant. Without publication of the notice, the time for judicial review or referendum does
not begin. Obviously it is important that that happen, but it should not be the fault of the Town if it
does not.
4. 17.14.060. This section, dealing with the term of vesting, has been completely.
rewritten. Included are provisions for termination of a vested right. Any hearing for termination
must be preceded by the Council's adoption of an order and notice to show cause. The language
recommended by the Planning and Zoning Commission has been deleted. It is the recommendation
of staff that any termination hearing be conducted by only the Council.
5. 17.14.070. This section, dealing with application of other regulations, has been
completely rewritten. The amended language makes it clear that only regulations like the building
code are intended. This permits the Town maximum flexibility in negotiating the development
agreement as part of the review process.
6. 17.14.080. "Planning and Zoning Commission" has been changed to "Town
Council" to reflect actual practice.
7. 17.14. 100 and 110 have been deleted. Neither section is needed.
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