The purpose of this Article is to establish procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S.

(Ord. No. 3.72, § 1, 7-20-2000; Ord. No. 3.118, § 1, 7-21-2016)

Approval by the Town Council of a site specific development plan pursuant to this Article shall create a vested property right within the meaning of Section 24-68-101, et seq., C.R.S. Except to the extent provided by this Article, the provisions of Section 24-68-101, et seq., C.R.S., shall govern the creation and effect of vested rights in the Town.

(Ord. No. 3.72, § 2, 7-20-2000; Ord. No. 3.118, § 1, 7-21-2016)

(a)

For purposes of this Article, a site specific development plan shall mean a site plan meeting all of the criteria set forth in this Chapter and approved by the Town Council as set forth herein.

(b)

All other terms used in this Article that are defined in Article 68 of Title 24, C.R.S., shall have the meanings ascribed to them in said statute.

(Ord. No. 3.72, § 3, 7-20-2000; Ord. No. 3.118, § 1, 7-21-2016)

An owner of property who seeks to cause rights to vest in accordance with Section 24-68-101, et seq., C.R.S., may file an application with the Town for approval of a site specific development plan. The application shall contain or include the following:

(1)

Payment of a vested rights fee to cover the cost of processing the application in the amount set forth on the Town's Fee Schedule;

(2)

Evidence of the property's current ownership (deed, title commitment or attorney's opinion);

(3)

A site plan containing the information set forth in this Chapter, in addition to the following:

a.

A title that prominently identifies the name of the development, together with the phrase "Site Specific Development Plan."

b.

A complete legal description of the property subject to vesting of rights prepared by a licensed registered Colorado land surveyor.

c.

A signature block which states:

OWNER'S REPRESENTATION: The undersigned owner of the property described above has submitted this Site Specific Development Plan for approval of the Town Council of the Town of Larkspur, Colorado, in accordance with C.R.S. § 24-68-101, et seq., and the Larkspur Municipal Code.

___________

Owner

Date: _______

d.

A signature block which states:

TOWN COUNCIL APPROVAL: The Town Council has approved this Site Specific Development Plan and the granting of a vested right in accordance with C.R.S. § 24-68-101, et seq. for the property described above on the ________ day of ________, 20___.

___________

Mayor or Mayor Pro Tem

Attest:

___________

Town Clerk

(Town Seal)

(Ord. No. 3.72, § 4, 7-20-2000; Ord. No. 3.118, § 1, 7-21-2016)

No site specific development plan shall be approved unless and until a public hearing has been held before the Town Council. Notice of the public hearing shall be published in a newspaper of general circulation within the Town at least ten days before the date of the public hearing. The Town Council shall approve a site specific development plan when the applicant satisfies all requirements of this Article and meets all of the applicable requirements and standards for approval of a site plan as set forth in this Chapter. The Town Council may impose reasonable conditions upon the approval, provided that the conditions imposed are necessary to protect the health, safety and welfare of the Town. Within 14 days following any approval, a notice describing generally the type and intensity of use approved, the specific property affected and stating that a vested property right has been created shall be published once in a newspaper of general circulation within the Town, and shall be posted in accordance with Section 3.20 of the Town Charter.

(Ord. No. 3.72, § 5, 7-20-2000; Ord. No. 3.118, § 1, 7-21-2016)

A property right which has been vested in accordance with this Article shall remain vested for a period of three years, commencing on the date of publication of the notice required by Section 16-16-50 above. In the event amendments to the site specific development plan are approved, the effective date of such amendments, for purposes of the duration of the vesting period, shall be the date of the approval of the original site specific development plan unless a new site specific development plan is processed and approved in accordance with this Article.

(Ord. No. 3.72, § 6, 7-20-2000; Ord. No. 3.118, § 1, 7-21-2016)

Nothing in this Article is intended to create any vested property right but only to implement the provisions of Article 68 of Title 24, C.R.S. In the event of the repeal of Article 68 of Title 24, C.R.S., or a judicial determination that the Article is invalid or unconstitutional, no vested property rights shall be deemed created by the approval of any site specific development plan. No approval of any building permit or other land use plan by the Town, other than a site specific development plan approved pursuant to this Article, shall be deemed to vest a property right pursuant to Article 68 of Title 24, C.R.S.

(Ord. No. 3.72, § 7, 7-20-2000; Ord. No. 3.118, § 1, 7-21-2016)