The purpose of this article is to provide the procedures necessary to implement the provisions of C.R.S. § 24-68-101 et seq.

(Code 1985, § 10-13-1)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Site specific development plan means only the following:

(1)

A final subdivision plat, approved by city council in conformance with the requirements of this Code.

(2)

The city council may, by formal agreement with a property owner, designate an approval other than those described above to serve as a site specific development plan approval for a specific project.

Vested property right means the right to undertake and complete a certain development and use of property under the terms and conditions of a site specific development plan. Unless specifically authorized by the city council, a vested property right shall terminate three years after it is initially established.

(Code 1985, § 10-13-2)

For those developments for which the landowner wishes the creation of vested rights, the landowner shall specifically request the approval by the city of the designated site specific development plan as a vested right. Such request shall be made in writing at least 30 days prior to the date that the approval is to be considered. Failure of the landowner to request such an approval renders the plan not a site specific development plan, and no vested rights shall be deemed to have been created.

(Code 1985, § 10-13-3)

No site specific development plan shall be approved until after a public hearing, preceded by written notice of such hearing. Such notice may, at the city's option, be combined with a notice required by C.R.S. § 31-23-304, as amended, for zoning regulations, or with required notice for subdivision plats or PUD plans.

(Code 1985, § 10-13-4)

A site specific development plan shall be deemed approved upon the effective date of the city council approval action relating thereto. In the event amendments to a site specific development are proposed and approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of approval of the original site specific development plan, unless the city council specifically finds to the contrary and incorporates such finding in its approval of the amendment.

(Code 1985, § 10-13-5)

Each subdivision plat, subdivision agreement and PUD plan constituting a site specific development plan shall contain the following language:

Approval of this plan may create a vested property right pursuant to C.R.S. § 24-68-101 et seq.

Failure to contain this statement shall invalidate the creation of the vested property right. In addition, a notice 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 shall be published once, not more than 14 days after approval of the site specific development plan, in a newspaper of general circulation in the city.

(Code 1985, § 10-13-6)

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.

(Code 1985, § 10-13-7)

Nothing in this article is intended to create any vested property right, but only to implement the provisions of C.R.S. § 24-68-101 et seq., as amended. In the event of repeal of said article 68 or a judicial determination that said article 68 is invalid or unconstitutional, this article shall be deemed to be repealed and the provisions hereof no longer effective.

(Code 1985, § 10-13-8)