City Council Minutes 1999 12 21 - Laserfiche WebLink

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Roll call was taken. Motion passed by a 6-0 vote. ORDINANCE NO. 1313, SERIES 1999 - AN ORDINANCE AMENDING TITLE 17 AND ADOPTING A NEW CHAPTER 17.54, STATUTORY VESTED PROPERTY RIGHTS - public hearing - 2ua reading - (advertised Daily Camera 12/11/99) Davidson called for City Attorney introduction. Sam Light, City Attorney, read by title only Ordinance No. 1313, Series 1999 - An Ordinance Amending Title 17 and Adopting a New Chapter 17.54, Statutory Vested Property Rights. Davidson called for staff presentation. Paul Wood, Planning Director, explained that to comply with recent changes in the Colorado Statutes relating to statutory vested property rights, Ordinance 1313, Series 1999 proposes modifications and additions to the City's zoning code. As required by House Bill 99-1280, the primary intent of the Ordinance is to establish what land use approval process in the City will constitute a site specific development plan and as such, will create a 3-year vested property right upon approval by City Council. The ordinance proposes that a final PUD development plan and a special review use, to the extent it is processed concurrent with a final PUD development plan, would be the only land use approvals constituting a site specific development plan as defined in the statute. No administrative approval could grant a statutory vested property right. A vested property right would not be created automatically upon approval of a final PUD development plan. A property owner would be required to make specific written request for such an approval. Application fees would have to be paid and public notice of the Council hearing on the request for a vested property right must be published. The public notice would have to be published in a newspaper of general circulation at least 15 days prior to the hearing. The hearing on the vested property right request is required by statute to be a public hearing, with an opportunity for public testimony to be taken. This is different from the current requirement for final PUD development plans. City Council currently has an option whether or not to hold a public hearing on final PUD development plans. Also different from a final PUD, no Planning Commission public hearing on a vested property right would be required. After City Council approval, the statute also requires that a second public notice be published announcing the approval or conditional approval of a site-specific development plan/vested property right. That public notice would be published in a newspaper of general circulation and would reference the City Council resolution of approval. 7