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HomeMy WebLinkAbout06473ORDINANCE NO. 6473 AN ORDINANCE AMENDING CHAPTER 12 OF TITLE XVII OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO RELATING TO VESTED PROPERTY RIGHTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 Chapter 12 of Title XVII of the 1971 Code of Ordinances of the City of Pueblo relating to vested property rights is hereby amended to read: CHAPTER 12 Vested Property Rights Sec. 17 -12 -1. Purpose and intent. The purposes of this Chapter [is] are to identify the types of site specific development plan approvals that will cause property rights to vest under, and to establish [provide] the procedures necessary to implement, the provisions of Article 68 of Title 24, C.R.S. ( "Article 68 "). Sec. 17 -12 -2. Definitions. As used in this Chapter, unless the context otherwise requires, the following terms shall have the following meanings: (1) Site specific development plan means a plan submitted by a landowner, or such landowner's representative, describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property Such plans shall be in the form of a subdivision plat, special area plan, or planned unit development which has been finally approved by ordinance, irrespective of its title, enacted by the City Council after all required preliminary reviews and recommendations have been made, following notice and public hearing as provided in Section 17 -12 -3. A plan shall not constitute a site specific development plan that would trigger a vested property right under Article 68[ of Title 24, C.R.S.,] unless (a) the landowner shall [apply in writing to the City Clerk at least twenty (20) days prior to the first presentation of the ordinance] in the application for approval of a site specific request that the plan be approved as a site specific development plan, and (b) the ordinance approving the plan includes a provision identifying the plan as a site specific development plan which triggers such vesting. (2) Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of [a] an approved site specific development plan. Zoning that is not part of a site specific development plan shall not result in the creation of vested property rights. Vested property rights shall be limited and restricted as provided in Article 68 provided that the vesting period shall not be extended by any amendment to the plan unless expressly authorized by the City Council in the ordinance amending the plan Sec. 17 -12 -3. Notice and hearing. No site specific development plan shall be approved until after notice and public hearing. [A] Such public hearing shall not be held unless a written request therefor has been filed with the City Clerk by the landowner at least twenty (20) days prior to the first presentation of the ordinance relating thereto. Notice may, at the City's option, be combined with any other required notice. At such hearing interested persons shall have the opportunity to be heard. Sec. 17 -12 -4. Approval; effective date; amendments. (a) A site specific development plan shall be deemed approved upon the effective date of the ordinance originally approving the site specific development plan. (b) No action taken by the City Council or any commission, board, agency, officer or employee of the City, except the enactment of an ordinance as provided in this Chapter, shall establish or constitute the approval of a site specific development plan or the creation of any vested property right under Article 68[ of Title 24, C.R.S]. (c) The effective date of an amendment to a site specific development plan, for purposes of property right vesting, shall be the effective date of the ordinance originally approving the site specific development plan unless [the City Council specifically determines to the contrary and incorporates such determination in the ordinance approving such amendment] the vesting period shall be extended as provided in Section 17- 12 -2(2) above Sec. 17 -12 -5. Notice of approval. A notice describing generally the type and intensity of use and the specific parcel or parcels of property affected by the ordinance approving a site specific development plan, advising the general public of the site specific development plan approval and creation of vested property rights under Article 68[ of Title 24, C.R.S.], shall be published by the City Clerk in a newspaper of general circulation within the City no later than fourteen (14) days following final approval of the ordinance. -2- Sec. 17 -12 -6. Payment of costs. In addition to any and all other fees and charges imposed by this Code, the applicant for approval of a site specific development plan shall pay, prior to final approval of the ordinance, all costs incurred by the City as a result of the site specific development plan review, including publication of notices, public hearing and review costs as shall be established by resolution of the City Council. Sec. 17 -12 -7. Other provisions unaffected. Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provision of this Code pertaining to the development and use of property or from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval. Sec. 17 -12 -8. Limitations. Nothing in this Chapter shall create any vested property right, but shall only implement the provisions of Article 68[ of Title 24, C.R.S]. If said Article is repealed or a judicial determination is made that said Article is invalid or unconstitutional as applied to home rule municipalities this Chapter shall be deemed to be repealed, and the provisions hereof deemed void. Sec. 17 -12 -9. Waiver and forfeiture. (a) The failure of a landowner to [apply for] request approval of a site specific development plan as provided in Section 17- 12 -2(1) or to request a public hearing as provided in Section 17 -12 -3 shall constitute the landowner's consent and agreement that the plan is not a site specific development plan and be deemed to be a waiver of any vested property right relating thereto. (b) An ordinance approving a site specific development plan may impose such terms and conditions as may [be] reasonably be necessary to protect the public health, safety and welfare. Failure to abide by such terms and conditions will result in a forfeiture of vested property rights. Sec. 17- 12 -10. Applications. U A substantially completed application for approval of a site specific development plan, as well as the approval or conditional approval of the plan, shall be governed only by the duly adopted ordinances and regulations of the City in effect at the time the substantially completed application is submitted. Notwithstanding the foregoing, the City may adopt a new or amended ordinance or regulation when necessary for the immediate -3- preservation of public health and safety and may enforce such ordinance or regulation in relation to applications pending at the time such ordinance or regulation is adopted. An application for approval of a site specific development plan shall be deemed to have lapsed and to have been abandoned and withdrawn by the landowner if (1) the landowner fails to diligently prosecute the application through final approval, or, (2) such site specific development plan is not finally approved within twenty -four 24) months after the date the application is submitted unless the City Council for good cause shown waives or extends such twenty -four month period in the ordinance approving the plan. SECTION 2 If any clause, provision, or section of this Ordinance or Chapter 12 of Title XVII of the 1971 Code of Ordinances of the City of Pueblo shall for any reason by held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not effect any of the remaining provisions of this Ordinance or Chapter 12 of Title XVII of the 1971 Code of Ordinances of the City of Pueblo. SECTION 3 This Ordinance shall become effective upon final passage. ATTEST: City Cl INTRODUCED: September 13 1999 By Al Gurul e Councilperson APP / VED: resident of the City Council -4-