HomeMy WebLinkAboutordinance.council.061-87 ORDINANCE NO. ~/
(Series of 1987)
AN ORDINANCE AMENDING CHAPTERS 20 AND 24 OF THE MUNICIPAL CODE OF
THE CITY OF ASPEN TO IMPLEMENT THE PROVISIONS OF ARTICLE 68,
TITLE 24, C.R.S., AS AMENDED, PERTAINING TO VESTED RIGHTS
WHEREAS, by the adoption of Senate Bill 219, the General
Assembly of the State of Colorado, added a new "Article 68" to
Title 24, Colorado Revised Statutes, pertaining to vested
property rights, which amendment shall take effect January 1,
1988; and
WHEREAS, the City Council desires to amend Chapter 20 of the
Municipal Code pertaining to subdivision, and Chapter 24 of the
Municipal Code pertaining to zoning, in order to implement the
requirements of Senate Bill 219.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Chapter 20 of the Municipal Code shall and hereby is
amended to add a new Section 20-25, said section to read as
follows:
"(A) Purpose. The purpose of this section is to provide the
procedures necessary to implement the provisions of
Article 68 of Title 24, C.R.S., as amended, which
establishes a vested property right under the cir-
cumstances set out therein.
(B) Definitions.
(1) 'Site Specific Development Plan' means a plan
which has been submitted to the City Council or the
Planning and Zoning Commission describing with reason-
able certainty the type and intensity of use for a
specific parcel or parcels of property, including an
application for approval of the following: Planned unit
development (PUD), subdivision, Historic Preservation
Commission final approval, specially planned area
(SPA), growth management quota system allotment, or a
conditional use or special use permit. A variance
shall not constitute a site specific development plan.
'Site specific development plan' shall not mean or
include any conceptual or preliminary plan as defined
in this chapter or Chapter 24.
(2) 'Vested Property Right' means the right to
undertake and complete the development and use of
property under the terms and conditions of a site
specific development plan.
(C) Notice and hearing. No site specific development plan
shall be approved or conditionally approved unless and
until notice thereof has been given and a public
hearing thereon has been conducted. At least fifteen
(15) days' notice of the time and place of the hearing
shall be published in a newspaper of general circula-
tion in the City of Aspen. In those matters delegated
to the Planning and Zoning Commission or Historic
Preservation Commission for final approval, approval of
the site specific development plan shall be by written
resolution of the Planning and Zoning Commission or
Historic Preservation Commission. In those matters in
which the City Council has final approval, final
approval shall be by ordinance. A site specific
development plan shall be deemed approved on the
effective date of the approving resolution or
ordinance. The public hearing required by this section
may be the same public hearing required under this
chapter or Chapter 24 for final approval. Such
approval shall be subject to all rights of referendum
and judicial review; except that the period of time
permitted by law for the exercise of such rights shall
not begin to run until the date of publication, in a
newspaper of general circulation within the City, of
the notice specified in Paragraph (D) advising the
general public of the site specific development plan
approval and creation of a vested property right
pursuant to Title 24, Article 68, C.R.S.
(D) Notice of Final Approval. As soon as practicable
following the date a site specific development plan is
approved as provided in Paragraph (C) above, and not
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later than fourteen (14) days following such approval
date, the City Clerk shall cause a notice to be
published advising the general public of the site
specific development plan approval and creation of a
vested property right pursuant to Title 24, Article 68,
C.R.S. Such notice shall be substantially in the
following form:
'Notice is hereby given to the general public of the
approval of a site specific development plan, and the
creation of a vested property right pursuant to Title
24, Article 68, Colorado Revised Statutes, pertaining
to the following-described property:'
The property shall be described in the notice and
appended to said notice shall be the ordinance or
resolution granting such approval.
(E) Requirements of Ordinance or Resolution. Any ordinance
or resolution approving a site specific development
plan, shall, but not by way of limitation, include the
following provisions, unless expressly exempted by the
approving body:
(1) The rights granted by this site specific develop-
ment plan shall remain vested for a period of
three (3) years from the effective date hereof.
However, any failure to abide by any of the terms
and conditions attendant to this approval will
result in the forfeiture of said vested property
rights.
(2) The approval granted hereby shall be subject to
all rights of referendum and judicial review;
except that the period of time permitted by law
for the exercise of such rights shall not begin to
run until the date of publication provided for in
subsection (D), Section 20-25 of the Municipal
Code of the City of Aspen, as amended.
(3) Zoning that is not part of the site specific
development plan approved hereby shall not result
in the creation of a vested property right.
(4) Nothing in this approval shall exempt the site
specific development plan from subsequent reviews
and approvals required by this approval or the
general rules, regulations and ordinances of the
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City of Aspen provided that such reviews and
approvals are not inconsistent with this approval.
(5) 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 City of Aspen including, but not
limited to, building, fire, plumbing, electrical
and mechanical codes. In this regard, as a
condition of this site development approval, the
applicant shall abide by any and all such build-
ing, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in
writing.
(F) Nothing in this chapter is intended to created any
vested property right, but only to implement the
provisions of Article 68, Title 24, C.R.S., as amended.
In the event of the repeal of said article, this
chapter shall be deemed to be repealed, and the
provisions hereof no longer effective.
(G) A vested property right, once established by this
approval, shall preclude any zoning or land use action
by the City of Aspen or pursuant to an initiated
measure which would alter, impair, prevent, diminish,
or otherwise delay the development or use of the
property as set forth in the site specific development
plan, except:
(a) With the consent of the applicant; or
(b) Upon the discovery of natural or man-made
hazards on or in the immediate vicinity of
the property, which hazards could not
reasonably have been discovered at the time
of this approval, and which hazards, if
uncorrected, would pose a serious threat to
the public health, safety and welfare; or
(c) To the extent that compensation is paid as
provided in Title 24, Article 68, C.R.S.
(H) The provisions of this section shall be effective
beginning January 1, 1988.
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Section 2
That Chapter 24 of the Municipal Code of the City of Aspen,
Colorado, be and the same is hereby amended by the addition of a
new Article XV, pertaining to vested property rights, said
article to read as follows:
"ARTICLE XV.
PROCEDURES RELATING TO VESTED PROPERTY RIGHTS
AS REQUIRED BY ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED
Any approvals contemplated by this chapter shall comply with
the requirements of Chapter 20, Section 24, of the Municipal
Code, effective January 1, 1988. Nothing herein is intended
to create any vested property right, but only to implement
the provisions of Article 68 of Title 24, C.R.S., in
accordance with the procedures set forth in Section 25 of
Chapter 24 of this Code. In the event of the repeal of said
- Article 68 of Title 24, C.R.S., this article shall be deemed
to be repealed and the provisions hereof no longer effec-
tive.''
Section 3
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 4
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5
A public hearing on the ordinance shall be held on the /~/~w~
day of ~ ~~./ , 1987, in the City Council
Chambers, Aspen city Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the city Council of the City of Aspen on the c~~z~ day of
~~~ , 1987.
William L. Stirling, Mayor
ATTEST:
Kathr~'n ~.'Koch, City Clerk
FINALLY adopted, passed and approved this /~ day of
William L. ' ' r
ATTEST:
Kathryn ~'Koch, City