TC Ord. No. 1988-040 •
ORDINANCE NO, 88- 4
AN ORDINANCE AMENDING THE MUNICIPAL
CODE OF THE TOWN OF AVON CONCERNING
VESTED PROPERTY RIGHTS.
WHEREAS, Senate Bill 219 was recently passed by
the Colorado legislature and signed by the Governor on
August 27, 1987; and
WHEREAS, Senate Bill 219 empowers Colorado munici-
palities to enact local laws defining, limiting and clarify-
ing the creation of a vested property right;
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
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COLORADO:
Section 1. Amendment. Title 17 of the Municipal Code
of the Town of Avon is amended by the addition of a Chapter
17.14 as follows:
Chapter 17,14 VESTED PROPERTY RIGHTS
Section 17.14.010. Purpose. The purpose of this
Section is to provide procedures necessary to
implement the provisions of Article 68 of
Title 24, C.R.S,, as amended.
Section 17.14.020. Definitions. As used in this
Section, unless the context otherwise requires:
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A. "Site specific development plan" means a
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precise plan approved pursuant to Section
17,12.020 of this Code.
B. "Vested property right" means the right to
undertake and complete the development and use of
property under the terms and conditions of a site
it specific development plan.
~j Section 17.14.030. Vested Property Right Created,
A vested property right shall be deemed to have
been created only upon the approval of a site
specific development plan in accordance with this
Chapter.
Section 17.14.040. Notice and Hearing. No site
specific development plan shall be approved until
after a public hearing preceded by notice. In all
cases such hearing shall be held before the
Planning and Zoning Commission in connection with
the normal approval process and in accordance with
the requirements for posted or mailed notice
established by this Code and the rules of the
Commission. At all such hearings interested
persons shall have an opportunity to be heard.
Section 17.14.050. Notice of Approval. Each map,
plat, site plan or other document constituting a
site specific development plan shall contain the
following language: "Approval of this plan
constitutes a vested property right pursuant to
Article 68 of Title 24, C.R.S,, as amended," The
failure of the map, plat, site plan or other
document constituting a site specific development
plan to contain this language shall invalidate the
~i creation of the vested property right. In addi-
tion, a notice generally describing the type and
intensity of the use approved, the specific parcel
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or parcels of property affected, and stating that
a vested property right has been created shall be
published once by the Town in a newspaper of
general circulation in the Town not more than 14
days after the approval of the site specific
development plan.
Section 17.14.060. Duration of Vested Right. A
property right which has been vested pursuant to
this Chapter shall remain vested for a period of
three years; provided, however, that a development
agreement may provide that a property right 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.
Section 17.14.070. Other Provisions Unaffected.
Approval of a site specific development plan shall
not constitute an exemption or waiver of any other
provisions of this Code pertaining to the develop-
ment and use of property.
Section 17.14.080. Amendment to Site Specific
Development Plan. In the event amendments to a
site specific development are proposed and ap-
proved, the effective date of such amendments, for
the purposes of determining the duration of a
vested property right, shall be the date of the
creation of the original site specific development
plan unless the Planning and Zoning Commission
specifically finds to the contrary and
incorporates such finding in its approval or
affirmation of the amendment.
Section 17.14.090. Effect of Termination of
Vested Property Right; on Public Rights of Way.
The termination of a vested property right shall
have no effect upon public streets, alleys or
rights of ways previously dedicated with respect
to such property.
Section 17.14.100. Development Agreements. The
Town Council may by agreement with a landowner or
developer designate an approval other than that
described in this section as the site specific
development plan for a specific project.
Section 17.14.110. Limitations. This Section is
not intended, in and of itself, 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, or a judicial determination that said
Article is invalid or unconstitutional, this
Section shall be deemed to be repealed, and the
provisions hereof no longer in effect.
Section 2. Effective Date. This Ordinance shall be
published and become effective as provided by law.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, THIS 8th day of March v 1988
and a public hearing on this Ordinance shall be held at the
regular meeting of the Town Council of the Town of Avon,
Colorado, on the 22nd day of March , 1988 at
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INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED this 22nd day of March 1988.
Allan R. ttingham, Mayor
TTEST: i%gv~A
1'arbara R. Joseph,
I; Deputy Town Clerk
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7:30 P.M. in the Municipal Building of the Town of. Avon,
Colorado.
Allan R, Nottingha ; Mayor
TEST
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P tricia J.
T wn Clerk
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
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NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 22ND DAY OF
MARCH, 1988, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE NO. 88-4, SERIES OF 1988:
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON OF
AVON CONCERNING VESTED PROPERTY RIGHTS.
A copy of said Ordinance is attached hereto, and is also on file
at the office of the Town Clerk, and may be inspected during
regular business hours.
Following this hearing the Council may consider final passage
of this Ordinance.
This notice is given and published by order of the Town Council
of the Town of Avon, Colorado.
dated this 8th day of March, 1988.
TOWN -OF AVON , COLORA,E
BY: Patricia J,/Doy'Le,
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON MARCH 9th , 1988:
THE AVON POST OFFICE IN THE MAIN LOBBY
THE CITY MARKET IN THE MAIN LOBBY
THE PD QUIK STATION; AND
THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY