HomeMy WebLinkAboutAttachment A - Staff Response to Review CriteriaAttachment A – Staff Response to Review Criteria
Resolution No. 076, Series of 2024
26.308.010.c: Extension or reinstatement of vested rights. The City Council may, by resolution
at a public hearing noticed by publication, mailing and posting (See
Subparagraphs 26.304.060(e)(3)a.—c.) approve an extension or reinstatement of expired
vested rights or a revoked development order in accordance with this Section.
1. In reviewing a request for the extension or reinstatement of vested rights the City
Council shall consider, but not be limited to, the following criteria:
a. The applicant's compliance with any conditions requiring performance prior to the
date of application for extension or reinstatement;
b. The progress made in pursuing the project to date including the effort to obtain
any other permits, including a building permit and the expenditures made by the
applicant in pursuing the project;
c. The nature and extent of any benefits already received by the City as a result of
the project approval such as impact fees or land dedications;
d. The needs of the City and the applicant that would be served by the approval of
the extension or reinstatement request.
Staff Response: The applicant has not made any progress in pursuing the project to date. The
application states that the current owner has no desire to pursue the project during his lifetime.
The City has not received any benefits as a result of the project approval. A vested property
right under Colorado statue guarantees a property owner’s right to pursue their approval under
the adopted code when the request was applied for. State statute sets a three-year minimum
period for vested rights; vested rights are not unconditional. Vested property rights expire so
that the Municipal Code is able to evolve and give space for future development and use of
property; it does not serve the City to extend vesting on a demolition allotment for the period of
an owner’s life, plus two years. Goals of the Demolition Allotment system include managing the
pace of development and reducing the negative impacts of development on neighbors.
Extending the vesting of a Demolition Allotment goes against these goals. The proposed
extension solely serves the applicant.
2. An extension or reinstatement may be in the form of a written agreement duly authorized
and executed by the applicant and the City. Reasonable conditions may be imposed by
the City Council including, but not limited to, compliance with any amendments to this
Title adopted subsequent to the effective date of the development order and associated
vested rights.
Staff Response: Staff has included conditions in the approval, including that the approval and
vesting are limited to the issuance of a GMQS Demolition Allotment. The property is subject to
all other requirements of the Land Use and Building Codes in effect at the time of building
permit submission.
3. If the request is for reinstatement of a revoked development order, the City Council shall
determine the financial impacts of the investigation and may require the applicant to pay
the reasonable costs of investigation, enforcement and reporting by City staff.
Staff Response: This is not a request for reinstatement of a revoked development order.