HomeMy WebLinkAbout002 - 01/19/1988 - AMENDING CITY CODE RELATING TO VESTED PROPERTY RIGHTS ORDINANCE NO. 2, 1988
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 29 OF THE CODE OF THE
THE CITY OF FORT COLLINS RELATING TO
VESTED PROPERTY RIGHTS
WHEREAS, in order to implement the provisions of Article 68 of Title
24, C.R.S. , the Council of the City of Fort Collins has determined that it
is in the best interest of the citizens of the City that the Code of the
City of Fort Collins be amended with regard to vested property rights as
hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 29 of the Code of the City be amended by adding the
following sections, to be numbered 29-512 through 29-517, which sections
shall provide as follows:
Subdivision F. Vested Property Rights
Sec. 29-512. Definitions.
The following terms, when used in this Chapter, shall have the
meanings ascribed to them in this Section:
Site specific development plan shall mean and be limited to:
the final plan, as approved pursuant to §29-526; the final
subdivision plat, as approved pursuant to §29-643; a minor
subdivision plat, as approved pursuant to §29-644; final site
plans in the R-M zoning district, as provided pursuant to
§29-179; final site plans in the R-H zoning district, as provided
pursuant to §§29-205 and 206; cluster development plans as
provided pursuant to §29-116; site plans in the I-L and I-P
zoning districts, as provided pursuant to §29-367; site plans in
the RC zoning district, as provided pursuant to §29-414;
nonconforming use review, as provided pursuant to Chapter 29,
Article III, Division 6; and group home review, as provided
pursuant to §29-475.
Vested property right shall mean the right to undertake and
complete the development and use of property under the terms and
conditions of a site specific development plan.
Sec. 29-513. Notice and hearing.
(a) No site specific development plan shall be approved or
extended pursuant to the provisions of §29-514 of the Code until
after a public hearing, preceded by notice of such hearing
published in a newspaper of general circulation within the city
at least seven (7) days prior to such hearing. Such notice may,
at the city's option, be combined with any other required notice.
At such hearing, interested persons shall have an opportunity to
be heard.
(b) A "notice of approval " describing generally the type and
intensity of use approved, the specific parcel or parcels of
property affected, and stating that a vested property right has
been created or extended, shall be published once, not later than
fourteen (14) days after approval or extension of the site
specific development plan, in a newspaper of general circulation
within the city. The period of time permitted by law for the
exercise of any applicable right of referendum or judicial review
shall not begin to run until the date of such publication,
whether timely made within said fourteen (14) day period, or
thereafter.
Sec. 29-514. Approval - effective date - amendments.
(a) A site specific development plan shall be deemed approved
upon the effective date of the approval by the Planning and
Zoning Board or Director of Planning, as applicable, relating
thereto, subject to the right of appeal and judicial review. The
developer must have undertaken and completed the development of
an approved site specific development plan within three (3) years
from the effective date of approval . For the purposes of this
Subdivision, a developer has "undertaken and completed the
development" when all engineering improvements (water, sewer,
streets, curbs, gutter, street lights, fire hydrants and storm
drainage) are installed and completed in accordance with city
rules and regulations.
(b) A vested property right may be extended for two (2)
successive periods of six (6) months by the Director of Planning.
Upon receipt of such request for extension, the Director of
Planning shall hold a public hearing in his/her office for the
purpose of approving, disapproving or approving with conditions
the requested extension. Any additional extensions of a vested
property right shall be approved, if at all , only by the Planning
and Zoning Board. Any request for an extension must be submitted
by the owner to the Director of Planning in writing at least
thirty (30) days prior to the date of expiration of the vested
property right. Failure to submit a written request within the
specified time period shall cause forfeiture of the right to
extension of the vested property right. Failure to undertake and
complete the development within the term of the vested property
right shall cause a forfeiture of the vested property right and
shall require resubmission of all materials and reapproval of the
same. All dedications as contained on the final plat shall
remain valid unless vacated in accordance with law. The granting
of administrative extensions may, at the discretion of the
Director of Planning, be referred to the Planning and Zoning
Board.
(c) In the event that administrative changes to a final plan,
as approved pursuant to §29-526(f) (5) (a) , are approved, the
effective date of such changes, for purposes of duration of a
vested property right, shall be the date of the approval of the
original plan.
(d) The approval of major amendments to a final plan,
pursuant to §29-526(f) (5) (b) , shall , if established pursuant to
notice and hearing as provided in §29-513, create a new vested
property right with effective period as provided herein and
duration as provided by law.
Sec. 29-515. Other provisions unaffected.
Approval of a site specific development plan shall not
constitute an exemption from or waiver of any other provisions of
this Code pertaining to the development and use of property.
Sec. 29-516. Payment of costs.
In addition to any and all other fees and charges imposed by
this Code, the applicant for approval or extension of a site
specific development plan shall pay all costs occasioned to the
city pertaining to such application, including publication of
notices, public hearing and review costs, which costs are hereby
imposed as a flat fee of fifty dollars ($50. ) .
Sec. 29-517. Automatic repeal ; waiver.
Nothing in this Subdivision is intended to create any vested
property right, but only to implement the provisions of Article
68, Title 24, C.R.S. In the event of the repeal of said article
or a judicial determination that said article is invalid or
unconstitutional , this Chapter shall be deemed to be repealed and
the provisions hereof no longer effective. Nothing herein shall
be construed to prohibit the waiver of a vested property right
pursuant to mutual agreement between the city and the affected
landowner. Upon recordation of any such agreement with the
county Clerk and Recorder, any property right which might
otherwise have been vested shall be deemed to be not vested.
Introduced, considered favorably on first reading, and ordered
published this 5th day of January, A.D. 1988, and to be presented for final
passage on the 19th day of January, A.D. 1988.
ay
ATTEST:
City Clerk
1988.Passed and adopted on final reading this 19th day of January, A.D.
a --
ATTEST:
City Clerk