TC Res. No. 2000-43RESOLUTION NO.. 43
SERIES OF 2000
A RESOLUTION PROVIDING AN INTERPRETATION UNDER TOWN OF AVON
LAND USE REGULATIONS OF THE TERM "VALID DEVELOPMENT
APPLICATION" AS USED IN THE CITIZEN MANAGEMENT OF GROWTH
INITIATIVE (INITIATIVE 256)
WHEREAS, the November 2000 general election may include Initiative 256, entitled
"Citizen Management of Growth," a proposed amendment to the state constitution, and
WHEREAS, among other things, the Growth Initiative provides that development
may be approved by a local government within "committed areas" and, pursuant to Section
9(2), if "consistent with a valid development application which had been filed as of the date
on which the 2000 general election ballot was certified by the Colorado Secretary of State,"
and
WHEREAS, "committed area," as defined in the Growth Initiative means, among
other things, an "area of land which has been committed to development, in that a valid
development application as to such land, the approval of which would result in development
that shall be served by central water and sewer services, has been submitted to the
appropriate local government as of the date on which the 2000 general election ballot was
certified by the Colorado Secretary of State," and
WHEREAS, "valid development application," as defined in the Growth Initiative
means, ``an application that substantially meets all of the rules for submission applicable to a
proposal and that has been accepted as timely and complete by the local government
regulating the use of land covered by the application," and
WHEREAS, this resolution is adopted in an attempt to avoid unnecessary confusion
as to the types of development applications in the Town of Avon which constitute a "valid
development application" as that term is used in the Growth Initiative, and
WHEREAS, nothing in this resolution is intended to change any land use regulation
currently in force within the Town of Avon, and
WHEREAS, by this resolution the Town of Avon"intends to identify some, but not
necessarily all, of the types of land use applications which constitute a "valid development
application" as that term is used in the Growth Initiative, and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
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Section 1. Any of the following types of applications (whether previously
approved, under review as of the date of this resolution, or subsequently submitted)
constitute a "valid development application," as that term is used in the Growth Initiative, if
the application contains all of the information required by the applicable regulations:
Petitions for Annexation (or Annexation Election);
Annexation and Development Agreements;
Sketch Plans;
Preliminary Plans;
Final Plats (including Minor Subdivisions, Duplex Subdivisions,
Time-Sharing Subdivisions, Vacations, and Replats);
Variances and Exemptions;
All manner of project-specific rezonings including conventional zone districts
and Planned Unit Development (PUD) zone' districts;
PUD Development Plans;
Uses Subject to Special Review; and
Amendments to any of the foregoing.
Section 2. Any Annexation Ordinance approved by the Town Council prior to the
date that the 2000 general election ballot is certified by the Colorado Secretary of State, shall
constitute a "valid development application" as that term is used in the Growth Initiative.
Section 3. That a development application constitutes a "valid development
application" for the purposes of the Growth Initiative does not guarantee approval of the
development proposal, does not exempt the development proposal from the Town of Avon's
development review process and regulations (including any required public hearings), and
does not prevent the applicant from amending the development application and proposal as
necessary during the development review process.
Section 4. The Town of Avon shall not be liable to any
owner/developer/applicant `in the event the interpretation set forth herein shall be invalidated
by a court of competent jurisdiction.
ADOPTED this 12 day of September, 2000.
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TOWN'OF AVON, COLORADO
J y YodeV, yor
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APPROV D AS TO FORM:
Burt Levin, Town Attorney