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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: 479594.2 MLAYER 09/6/00 9*09 AM I 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. 479594.2 M&AYER o9woo 9:09 AM 2 TOWN'OF AVON, COLORADO J y YodeV, yor 479594.2 MLAYER 09/6/00 909 AM 3 APPROV D AS TO FORM: Burt Levin, Town Attorney