HomeMy WebLinkAbout2000 Ordinance No. 035ORDINANCE NO. J2..
SERIES OF 2000
• J
BY AUTHORITY
COUNCIL BILL NO. 38
INTRODUCED BY COUNCIL
MEMBER GARRETI'
1 m ,n·
' AN ORDINANCE ESTABLISHING VESTED RIGHTS FOR A SITE SPECIFIC
DEVELOPMENT PLAN
, l ' WHEREAS , the City Council of the City of Engle .. ood approved the paaaap of
Resolution No. 40, 2000 which approved the Aleun at CityCenter Site Plan, &lid q
authorizing the Englewood Environmental Foundation to proceed with the property
sale to Trammell Crcr, Reaidential; and , Id,,9
WHERE¥, the r -ae of tbia Ruolution by the Enalewood Cit)> Council
included a vested ri1ht1 stetement; and
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WHEREAS, Council deems it appropriate to further eateblilh the vested righte J
esteblilhed under Resolution No. 40, Serie• tf 2000 in ac:cordana, with State
Statutes;
NOW , THEREFORE, BE I'}' RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, THAT:
Sm:l.iml..l. The City Council of the City of Englewood, Colorado ben,by approves
the adoption of the following:
\. STATEMENT QF VESTED RJQHTS
Approval of the Site Plan in Reoolution No. 40, Serill of llOOO and wider tbla ,,
Reaolution by the Ens)owoocl City Council, ohall creats .-.i richta for the aubject
property described on Shoet Cl mllie Sile Plan ( tbe "PropertJ"') u follow■: If
construction ia commenaid on a residential buildinc on the property by DO later than
December 31 , 2000 , subject to Forg, Mai•vm then the right to conatruct the
im11rcrvements shown on tbia S.ite Plan •ball be veeted for a period of three (3) years
from Im dats of approval of thia Site Plan. If such construction ia not commenced by
December 31, 2000, due to a failure by the City of Englewood or the Englswood
Environmental Foundation. Inc . to fulfill any obliptiom u required by separate
agreement, or if conatruction ia delayed due to a forecloeure or other legal action by a
lender or investor to obtain control of the property in order to construct the
imprcrvements, then the right to develop the property aa shown on this Site Plan
shall remain vested for an additional thrue (3) years beyond such three (3) yeer
period. Thia Site Plan constitutes a "Site Specific Development Plan" and a
Development Acreement between the City of Englewood and the applicant, in
aa:ordance with Colorado Law . The vested right.a provided for harein 1hall inure to
the benefit of the aucceaeora in interest and 888igna of the applicant, includinc all
purchuera and 1ubaequent owners of any portion of or intsreat in the property.
Such veating shall apply to all of the applicant's rights under thia Site Plan, to any
agreements relating to •J wi Site Plan or the improvemente ahown hereon and to any
buildinc permits iaaued for ouch improvements. The proviaiom of this paragraph
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aball aupenede any inoolllialant or con~ provioioDI of Slate Law, of the PUD, of
the Plat of the properly (u auch plat ia expected lo be reviled lo conl'orm
aubetantwly to, V'4 ~ ~lion of the P"'l"'rty). , If
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Introduced, read in full, and paued ~D lint reading OD the 111 day of Mar, 2000.
Publiahed u a Bill Car an Onlinance OD the 5th day of May. 2000.
A Public Heuins waa held OD May I , 2000.
Read by title luid p-d on !Dal reading on the 15th day of May, 2000. , r
Publiahed by title u Ordinance No .35'. Seriea of 2000, on the 19th day of May,
2000. '
ATTEST :
~Dep~
I , Brenda J. Culle, Deputy City Clark oflbe City olEnp,wood, Colorado, honb:,
cerat, that lbe abaw and........, ii a true copy ollhe Ordinance paaNd OD linal
reading and publiabad by title u Ordinance No. ~ Seriea of 2000 .
COUNCR. COMMUNICATION
Date A&eJl(laltem Subject
Establishment of Vested
May I, 2000 !Oaii Property Rights for Trammell
Crow Residential
INITIATED BY ISTAFFSOURCE
Hnllewood Environmental Foundation Rohen Simoson, F.EF Board Member
PREVIOUS COUNCR. ACTION
On November 22 , 1999, City Council adopted Resolution Number 100, Series of 1999 supporting
the selection of Trammell Crow Residential for the CityCenter Englewood residential
developmenL On April 3, 2000 , City Council adopted Resolution Number 40, Series of 2000
approving the Tr:mmr:ll Crow Residential CityCenter Site Plan and authorizing the Englewood
Environmental Foundation to proceed with the propeny sale to Trammell Crow Residential.
RECOMMENDED ACTION
Staff recommeods approval of a bill for an ordinance adopting a Statement of Vested Rights
established for propeny to be conveyed by the Englewood Environmental Foundation to
Tramme!I Crow Residential in CityCenter Englewood .
BACKGROUND
Title 24-68 of the Colorado Revised Statutes provides that local governme11:, specifica!!y
recognize that cenain land development approvals create a vesting of propeny . ights to the
benefit of the propeny owner or developer. The proposed bill for an ordinance establ.'shcs cenain
propeny ri~hts for the Trammell Crow Residential project at CityCenter Englewood and has ~n
approved by the Englewood City Council, the Englewood Environmental Foundaticn and
Trammell Crow Residential on April 3, 2000.
The bill for an ordinauce fonnaliz.es the State statute and ensures to the developer that the
conditions, regulations and standards present at the time of approval will continue without
interruption for a period of three years . Thi• provides assu.-ance to the developer and the lender
that the project can be successful and stable .
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance