(a)

Generally. Except as otherwise provided in subsection (b) below, an application for approval of a site-specific development plan, as well as the approval, conditional approval or denial of approval of the plan, shall be governed only by the land use regulations in effect at the time an application is submitted to the city. For the purposes of this Section, land use regulations include this UDC, as well as any zoning or development regulations that have previously been adopted that apply to the subject property and that remain in effect at the time of the application for approval of the plan.

(b)

Exceptions. Notwithstanding the limitations contained in subsection (a) above, the city council may adopt a new or amended regulation when necessary for the immediate preservation of public health and safety and may enforce such regulation in relation to applications pending at the time such regulation is adopted.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Site specific development plans. The following types of site-specific development plan approvals will establish vested property rights in accordance with Article 68, Title 24, C.R.S.:

(1)

Final planned unit development ("PUD") plan.

(2)

Final subdivision plat.

(3)

Conditional use permit.

(4)

Development agreement.

(b)

Other approvals; additional vested development rights. A development agreement may provide for vesting of additional development rights, or for a longer vesting period than provided for in Article 68, Title 24, C.R.S. Such a development agreement may be part of a final PUD, final subdivision, or conditional use permit approval, or a development agreement may provide for vesting rights in additional types of site-specific development plans than those specified above, including but not limited to annexation agreements.

(c)

Establishment of vested rights. A vested property right shall be deemed established with respect to any property upon the approval or conditional approval by resolution or ordinance of a site-specific development plan establishing vested right, following notice and public hearing.

(d)

Effect of vested rights. A vested property right shall attach to and run with the subject property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan or development agreement, including any amendments thereto.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. No site-specific development plan which establishes a vested property right shall be approved unless and until notice thereof has been given and a public hearing thereon has been conducted.

(b)

Timing of notice of public hearing. At least fourteen (14) days' notice of the time and place of the hearing shall be published in a newspaper of general circulation in the city. Notice of said public hearing shall include language stating that the approval or conditional approval of the site-specific development plan will create a vested property right.

(c)

Form of approval. Final approval from the city council shall be by ordinance or resolution. A site-specific development plan shall be deemed approved on the effective date of the approving ordinance or resolution.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Approval of vested 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 right to referendum or judicial review shall not begin to run until the date of publication, in a newspaper of general circulation within the city, of the notice specified in this Section advising the general public of the site-specific development plan approval and creation of a vested property right pursuant to Title 24, Article 68, C.R.S.

(b)

Notice of final approval. As soon as practicable following the date a site-specific development plan is approved, and not later than fourteen (14) days following such approval date, the city clerk shall cause a notice to be published advising the general public of the site-specific development plan approval and creation of a vested property right pursuant to Article 68, Title 24, C.R.S. Such notice shall be substantially in the following form:

(Ord. No. 33-2017, § 1, 12-6-17)

Any ordinance or resolution approving a site-specific development plan shall, but not by way of limitation, include the following provisions, unless expressly exempted by the city council:

(1)

The rights granted by the site-specific development plan shall remain vested for a period of three years (or such longer period as may be established in a development agreement) from the effective date of the approval. However, any failure to abide by any of the terms and conditions attendant to the approval shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required of the developers to be recorded by city ordinance shall also result in the forfeiture of said vested property rights.

(2)

The approval granted hereby 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 provided for in UDC § 21-8-604.

(3)

Zoning that is not part of the site-specific development plan approved hereby shall not result in the creation of a vested property right.

(4)

Nothing in this approval shall exempt the site-specific development plan from subsequent reviews and approvals required by this approval or the general rules, regulations and ordinances of the city, provided that such reviews and approvals are not inconsistent with this approval.

(5)

The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulations by the city, including but not limited to building, fire, plumbing, electrical, and mechanical codes. In this regard, as a condition of this site-specific development approval, the applicant shall abide by any and all such applicable building, fire, plumbing, electrical, and mechanical codes, unless an exemption therefrom is granted in writing.

(Ord. No. 33-2017, § 1, 12-6-17)

Nothing in this division is intended to create any vested property right other than those that are available to applicants pursuant to the provisions of the Vested Rights Statute (Article 68, Title 24, C.R.S.) In the event of the repeal or invalidation of the Vested Rights Statute, this division shall be deemed to be repealed and the provisions hereof no longer effective.

(Ord. No. 33-2017, § 1, 12-6-17)

A vested property right, once established by this approval, shall preclude any zoning or land use action by the city or pursuant to an initiated measure which would alter, impair, prevent, diminish or otherwise delay the development or use of the property as set forth in the site-specific development plan, except:

(1)

With the consent of the applicant;

(2)

Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the property, which hazards could not reasonably have been discovered at the time of this approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety and welfare; or

(3)

To the extent that compensation is paid as provided in Article 68, Title 24, C.R.S.

(Ord. No. 33-2017, § 1, 12-6-17)