Loading...
HomeMy WebLinkAbout1065 Vested Property Rights Amending Chapters 7 and 11 of Titile 16 of the Firestone Municipal Code 07-23-2025ORDINANCE NO. 1065 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING CHAPTERS 7 AND 11 OF TITLE 16 (FIRESTONE DEVELOPMENT CODE) OF THE FIRESTONE MUNICIPAL CODE, PERTAINING TO VESTED PROPERTY RIGHTS WHEREAS, Title 16 of the Firestone Municipal Code was enacted to adopt the Firestone Development Code (“FDC”), which establishes comprehensive regulations pertaining to the use and development of land within the Town of Firestone, (“Town”) along with procedures for review and approval of all applications for development activity within the Town, including staff and review board assignments and decision-making responsibilities; and WHEREAS, pursuant to Article 68, Title 24 of the Colorado Revised Statutes, the Town has authority to provide for the establishment of Vested Property Rights and to identify the type or types of development applications approvals within the FDC that will cause property rights to vest regulate, for the purposes of promoting the public health, safety, convenience, and the general welfare of the community; and WHEREAS, the Town Board of Trustees has determined that the Town’s current vesting provisions and review and approval procedures for Site-Specific Development Plans, all as set forth in the FDC, are inadequate; and WHEREAS, the Board of Trustees desires to amend certain provisions of Chapters 7 and 11 of the FDC to accomplish this objective; and WHEREAS, the Board of Trustees believes these amendments will improve the understanding and administration of the FDC regarding those regulations and their underlying goals; and WHEREAS, the Board of Trustees finds and declares this ordinance promotes the public health, safety and welfare of the public, including but not limited to its citizens and residents. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO Section 1. Table 7-1 (Summary of Administration and Review Roles) of Section 16.7.1 of the Firestone Development Code shall be amended by adding the following new row within the “Procedure” column of the table immediately after the Appeals category row, to read as follows: DECISION-MAKING BODY NOTICE REQUIRED Procedure Section Board of Trustees Planning Comm. Board of Adjstmnt. Chief Building Official Town Staff Referral Agencies/ Town Mailed Property Posted Vested Rights 7.21 D-H R R X X X Section 2. Chapter 7 “Review and Approval Procedures,” of the Firestone Development Code shall be amended by adding a new Section 16.7.21, “Vested Rights,” to read in full as follows: 16.7.21 Vested Property Rights A. Purpose This section specifies procedures necessary to implement Article 68 of Title 24, CRS, which establishes a Vested Property Right to undertake and complete development of real property under the terms and conditions of an approved Site-Specific Development Plan. No Vested Property Rights shall be created within the Town except through a Site-Specific Development Plan. Nothing in this Section is intended to create any Vested Property Right, but only to implement Article 68 of Chapter 24, C.R.S., as amended. B. General Provisions 1. Request for Site-Specific Development Plan approval Land Owners wishing the creation of Vested Property Rights pursuant to Article 68 of Title 24, C.R.S. shall request such approval in writing at least thirty (30) days prior to the date that the approval is to be considered. Failure of the land Owner to request such an approval renders the application type not a “Site-Specific Development Plan” and no Vested Property Rights shall be deemed to have been created. 2. Notice and hearing No Site-Specific Development Plan shall be approved until the Town publishes notice of a Public Hearing in accordance with the applicable development application notification requirements of this FDC. Such notice may, at the Town’s option, be combined with any other required notice. At such a hearing, all interested persons shall have an opportunity to be heard. 3. Multi-phase Developments Any Site-Specific Development Plan for a multiple-phase development may have separate vesting periods created for each phase. The vesting for any subsequent phase may be contingent upon completion of the preceding phase and review by the Board of Trustees. Such review shall include but not be limited to whether the land Owner or developer is in compliance with its obligations to the town, including but not limited to the Site-Specific Development Plan, the development agreement and any other agreements between the land Owner and the Town, as they may have been amended from time to time. 4. Approval, conditional approval, effective date, amendments, referendum, and review a. Any approval of a Site-Specific Development Plan, or amendment to an existing Site-Specific Development Plan, that creates Vested Property Rights shall be adopted by ordinance as a legislative act. b. A Site-Specific Development Plan shall be deemed approved upon the effective date of the Town action granting final approval of the application. The Vested Property Right shall attach to and run with the applicable property and shall confer upon the land Owner the right to undertake and complete the development and use of said property under the terms and conditions of the Site-Specific Development Plan. c. The Board of Trustees may approve a Site-Specific Development Plan with terms and conditions as may be necessary to protect the public health, safety, and welfare. Such conditional approval will result in a Vested Property Right, although failure to abide by all such terms and conditions shall result in a forfeiture of the Vested Property Right. d. In the event amendments to a Site-Specific Development Plan are approved, the effective date of such amendments, for purposes of duration of a Vested Property Right, shall be the date of the approval of the original Site-Specific Development Plan, and the vesting period of the original Site-Specific Development Plan shall not be extended by any amendments to a Site- Specific Development Plan unless the Board of Trustees specifically finds to the contrary, incorporates such findings in its approval of the amendment, and authorizes an extended vesting period. e. The approval of Vested Property Rights 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 of a notice to the general public of the Site-Specific Development Plan and creation of Vested Property Rights. f. Following approval or conditional approval of a Site-Specific Development Plan, nothing contained in this Section or Article 68 of Chapter 24, C.R.S., shall exempt such a plan from subsequent reviews and approvals by the Town to ensure compliance with the terms and conditions of the original approval, if such further reviews and approvals are not inconsistent with said original approval. C. Notice of Approval 1. Each Site-Specific Development Plan shall contain the following notice: “This plan or agreement constitutes a Site-Specific Development Plan as defined in Article 68 of Title 24, CRS and as adopted as part of the Firestone Development Code by the Town of Firestone, Colorado.” 2. The failure of the document constituting a Site-Specific Development Plan to contain the language specified in subsection C.1., above, shall invalidate and void the creation of the Vested Property Right. 3. A notice stating that a Vested Property Right has been created shall be published once by the Town in a newspaper of general circulation in the Town not more than 14 days after final adoption of the ordinance approving the Site-Specific Development Plan. The notice shall include the following information: a. A statement advising the public of the Site-Specific Development Plan approval, including the name of the project and general location of the specific property or development parcels affected. b. A statement that a Vested Property Right has been created in accordance with Article 68 of Title 24, Colorado Revised Statutes, and Section 16.7.21 of the Firestone Development Code. D. Duration of Vested Property Right 1. A property right that has been vested as provided herein shall, upon compliance with the terms and conditions of the approval thereof, remain vested for a period of three (3) years, except that the Board of Trustees may, in its sole legislative discretion, approve a period of Vested Property Rights exceeding three years. In so determining, the Board of Trustees may consider the following criteria: a. The size and phasing of the development, and specifically, but not limited to, whether the development can be reasonably completed within the vested rights period; b. Economic cycles (including local, regional, state, and national economic cycles; c. Market conditions, and specifically, but not limited to, absorption rates for leasing and sales of similar development projects; d. Compliance with the Town’s Comprehensive Plan and other community planning documents; e. Proposed public amenities and benefits that enhance the project and the overall attractiveness of the community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe, and phasing with development; f. Projected public financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or Infrastructure dedicated to the Town or other public entities; g. The breadth and scope of the requested Vested Property Right, including but not limited to, the extent to which such Vested Property Right restricts the Town's ability to apply future legislatively adopted fees and regulations for the purpose of providing Public Infrastructure, public services and Public Facilities and for the purpose of meeting evolving community needs; h. Any proposed modifications to previously approved Vested Property Rights to address changed conditions within the Town, compliance with the Comprehensive Plan and other community planning documents, or performance of previously approved Site-Specific Development Plans; and i. Any other factors deemed relevant by the Board of Trustees when determining to grant a Vested Property Right for a period greater than three (3) years. 2. The vesting period shall not be extended by any amendments to a Site-Specific Development Plan unless expressly authorized by the Board of Trustees in an ordinance approving such amendments. For purposes of this Title, completion of a development shall include installation of all engineered Improvements (i.e., water, wastewater, Streets, curb, gutter, Sidewalks, fire hydrants and storm drainage Improvements) in accordance with the Firestone Development Code and all applicable Town rules and regulations. E. Extensions A Vested Property Right may be extended for periods of one (1) year by the Board of Trustees. The property Owner must request an extension in writing not later than 120 days prior to the date of expiration of the Vested Property Right. Prior to the expiration of the original vesting timeframe or the extension timeframe, an Applicant may formally request an additional extension if substantial progress has been made on installation of Public Improvements. In considering whether to grant an extension, the Board of Trustees shall apply the following criteria: 1. That there is no conflict with this FDC or that any conflict with the FDC can be corrected by an amendment to the Site-Specific Development Plan, which shall be presented with the request for extension. 2. That the Applicant has demonstrated that the Site-Specific Development Plan continues to be compatible with Adjacent properties and the surrounding areas or that compatibility may be established by an amendment to the plan, which shall be presented with the request for an extension. 3. That the Applicant has demonstrated that the Site-Specific Development Plan is consistent with the Town’s Comprehensive Plan. F. Other Provisions Unaffected Approval of a Site-Specific Development Plan shall not constitute an exemption or waiver of any other provisions or requirements of this FDC or the Town pertaining to the development or use of property, adopted or applicable before or after the approval of the Site-Specific Development Plan. G. Payment of Costs In addition to any and all other fees and charges imposed by this FDC, the Applicant for approval of a Site-Specific Development Plan shall pay all costs incurred by the Town related to such application, including but not limited to publication of notices, Public Hearing costs, county recording fees and third-party review costs. H. Limitations This Section is enacted pursuant to the provisions of Article 68 of Title 24, C.R.S. In the event of the repeal of said Section or a judicial determination that said Section is invalid or unconstitutional, this section shall be deemed to be repealed and the provisions hereof no longer effective. I. Disclosure of Previously Granted Vested Property Rights and Hazards 1. Any petition for annexation to the Town shall describe all Vested Property Rights approved by any local or county government in effect at the time of the petition, if any, and shall be accompanied by all Site-Specific Development Plans approved by any local government. Failure to identify any previously approved Vested Property Right and to provide all approved Site-Specific Development Plans shall constitute a waiver of the Vested Property Rights created by any other local or county government upon annexation to the Town, unless specifically provided otherwise in the ordinance of annexation adopted by the Town. 2. The Applicant shall be required to include with any application submitted for approval as a Site-Specific Development Plan, notice of any natural or human-made hazards on or in the immediate vicinity of the subject property that are known to the Applicant or could be discovered at the time of submission of the application. Should a hazard on or in the immediate vicinity of the property be discovered subsequent to the approval of a Site-Specific Development Plan, which would pose a serious threat to the public health, safety and welfare and is not corrected by the Applicant, the Vested Property Right created by such Site-Specific Development Plan shall be forfeited by the Applicant. J. Waiver of Vested Property Rights An Applicant may waive a Vested Property Right by separate agreement, which shall be recorded in the office of the appropriate County Clerk and Recorder. Unless otherwise agreed to by the Town, any land Owner requesting annexation to the Town shall waive in writing any preexisting Vested Property Rights as a condition of such annexation. K. Forfeiture 1. Failure to abide by the terms and conditions of a Site-Specific Development Plan may result in a forfeiture of the Vested Property Rights in accordance with the procedures set forth herein. 2. The process to consider forfeiture of Vested Property Rights shall be initiated by passage of a resolution by the Board of Trustees stating the grounds therefore. 3. No Vested Property Right shall be deemed forfeited until after providing notice and conducting a Public Hearing. Notice shall be provided at least 30 days prior to the date of the Public Hearing, by publishing notice in a newspaper of general circulation in the Town of Firestone and by mailing notice to the property Owner(s), sent to the address of record according the County Assessor's records via first class United States mail. A copy of the resolution initiating the process to consider forfeiture of the Vested Property Right shall be included with the mailed notice to the property Owner(s). 4. At the Public Hearing, the Board of Trustees shall consider all evidence and testimony presented concerning any failure to abide by the terms and conditions of a Site-Specific Development Plan. The Board of Trustees may continue the Public Hearing to allow additional evidence to be presented. 5. If the Board of Trustees finds a failure to abide by the terms and conditions of an approved Site-Specific Development Plan, the Board of Trustees may take action by ordinance to declare the Vested Property Rights forfeited. The forfeiture of a Vested Property Right shall have no effect upon public Streets, Alleys, Rights-Of- Way, or other lands or Easements previously dedicated or conveyed to the Town or other public entities pursuant to the terms of a Site-Specific Development Plan. Upon forfeiture of Vested Property Rights, the Site-Specific Development Plan shall be subject to all zoning, land use, and general regulations in effect at the time of forfeiture and as such may be amended from time to time thereafter. Section 4. Section 16.11.3, “Definitions,” of the Firestone Development Code is hereby amended by adding the following new definition, to be inserted in alphabetical order, and to read in full as follows: Site-Specific Development Plan: Any of the following: (a) A Special Review Use approved pursuant to Section 16.7.11. (b) A Final Plat approved pursuant to Section 16.7.6.D. (c) A PUD-DP approved pursuant to Section 16.7.4 and Section 16.7.5. (d) A Final Development Plan approved pursuant to Section 16.7.10. (e) The following are specifically excluded from, and shall not constitute, a Site-Specific Development Plan: Variances issued by the Board of Adjustment, sketch plans, preliminary plans, Preliminary Plats, annexation ordinances, annexation agreements, business licenses, Floodway or Floodplain Permits, franchises, temporary use permits, any Comprehensive Plan element, creation of Improvement districts, zoning or rezoning, final