The purpose of this Article is to provide procedures and standards for review and approval of a site-specific development plan for the purpose of vesting property rights in property other than single-family residential property. This Article is adopted pursuant to Section 24-67-101 et seq., C.R.S. (the "Vested Property Rights Law"). In the event of any conflict between this Article and the Vested Property Rights Law, the latter shall control.

(Ord. 22-02 Art. 4)

For other than single-family residential property, property rights may be vested by the City Council upon the approval of a site-specific development plan. The SIP is designated as the site-specific development plan as that term is defined in Section 24-68-102(4), C.R.S.

(1)

The City Council may accept, upon the recommendation of the Director, any SIP approved by the Douglas County Site Improvement Plan Referral Board prior to September 11, 1996, under the applicable County regulations, for consideration as an approved site-specific development plan for the purpose of vesting property rights under this Article.

(2)

A change deemed by the Director to be a minor revision to an SIP which has been designated as a site-specific development plan shall not affect the terms and conditions of the vesting as specified on the SIP and in any applicable development agreement and shall not extend the vesting period, unless expressly authorized by the City Council.

(3)

A change deemed by the Director to be a major revision to an SIP which has been designated as a site-specific development plan shall render the terms and conditions of any original vesting null and void; however, an applicant who seeks approval of a major revision to the SIP may also seek a new vested right pursuant to the provisions of this Article.

(Ord. 22-02 Art. 4)

(a)

For any SIP approved by the City after March 1, 1997, under this Chapter, an application for vested property rights must be made within ninety (90) days of such approval, or the applicant shall be precluded from applying for recognition of such rights under the provisions of this Article.

(b)

Only the landowner or their designee is permitted to apply for designation of a site-specific development plan for the purpose of vesting property rights.

(c)

Concurrent processing of the SIP and the approval of a site-specific development plan under this Article shall be permitted only with the approval of the Director.

(d)

The applicant shall submit the required information to the Community Development Department. Once the submittal is determined complete the Community Development Department will schedule a date for a hearing before the City Council, for the purpose of consideration of the proposed site-specific development plan, and shall notify the applicant of the hearing date.

(e)

The applicant is responsible for publishing a notice in the newspaper, prior to the City Council hearing, in compliance with the public notice requirements herein.

(Ord. 22-02 Art. 4)

At least fifteen (15) days prior to the hearing before the City Council, the City shall publish a notice in the Official Publication; at least five (5) days prior to the hearing. The notice shall read:

NOTICE OF PUBLIC HEARING BEFORE
THE CITY COUNCIL

A public hearing will be held on (day of week), (date), at (time), in the City Council Hearing Room at 8527 Lone Tree Pkwy., City of Lone Tree, CO, 80124 [or other designated place] for a vesting of property rights. Said property is located approximately (distance and direction from nearest major intersection) and is known as the (name of development). For more information call the Community Development Department at [list the phone number provided by the City].

Owner: _____

Legal Description: _____

Type and intensity of use: _____

Published in: (newspaper)(date)

(Ord. 22-02 Art. 4)

(a)

The City Council may approve, conditionally approve or deny the site-specific development plan.

(b)

The City Council may approve the site-specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare. Such conditional approval shall result in a vested property right, although failure to abide by the conditions will result in a forfeiture of vested property rights. Such conditions may include:

(1)

Compliance with regulations which may be promulgated following approval of the site-specific development plan based upon reasons of public health, safety and welfare.

(2)

Certification by the applicant that the information submitted at SIP was sufficient and reasonable to conclude that the subject property and its immediate vicinity are free of all natural or man-made hazards, or that the applicant has identified any such hazard and has taken such necessary measures to ensure that such hazard will not pose a serious threat to the public health, safety or welfare; provided, however, that subsequent discovery of any hazard which is not corrected by the applicant to the satisfaction of the City Council, and is determined by the City Council to pose a serious threat to the public health, safety or welfare, shall render the site-specific development plan void and result in a forfeiture of vested property rights.

(c)

Following approval or conditional approval of the site-specific development plan, such plan may be subject to subsequent review by the local government to ensure compliance with the terms and conditions of the original approval. Failure to abide by such terms and conditions shall result in a forfeiture of vested property rights.

(Ord. 22-02 Art. 4)

A site-specific development plan shall be deemed approved upon the effective date of the City Council's legal action, resolution or ordinance relating thereto. Such approval 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, in the Official Publication, of a notice advising the general public of the site-specific development plan approval and creation of a vested property right under this Article. Such publication shall be the responsibility of the applicant and shall occur no later than fourteen (14) days following approval. The applicant shall present to the Community Development Department an affidavit of such publishing, within fourteen (14) days of publishing. Such notice shall read:

CITY OF LONE TREE:
NOTICE OF APPROVAL OF
SITE SPECIFIC DEVELOPMENT PLAN

Notice is hereby given that on (date) the City of Lone Tree City Council approved a Site Specific Development Plan for the property and purpose described below, which approval may have created a vested property right pursuant to Colorado law. Such approval is subject to all rights of referendum and judicial review.

Legal Description: _____
Type and intensity of use: _____
Published in: (newspaper) (date)

(Ord. 22-02 Art. 4)

(a)

Upon approval of a site-specific development plan, the vested property rights shall attach to and run with the property and shall confer upon the landowner the right to undertake and complete the development and the use of said property under the terms and conditions of the site-specific development plan, including any amendments and modifications thereto which have been duly approved as set forth herein.

(b)

A vested right, once established as provided for herein, precludes any zoning or land use action concerning the subject property by the County or pursuant to an initiated measure which would alter, impair, prevent, diminish, impose a moratorium on or otherwise delay the development or use of the property as set forth in a site-specific development plan, except:

(1)

With the consent of the affected landowner;

(2)

Upon the discovery of a natural or man-made hazard on or in the immediate vicinity of the subject property, which could not reasonably have been discovered at the time of the site-specific development plan approval and which, if uncorrected, would pose a serious threat to the public health, safety and welfare, or except as provided in Paragraph 16-34-50(b)(2) above; or

(3)

To the extent that the affected landowner receives just compensation for all costs, expenses and liabilities incurred by the landowner after approval of the site-specific development plan, including costs incurred in preparing the site for development consistent with the site-specific development plan, all fees paid in consideration of financing and all architectural, planning, marketing, legal and other consultants' fees, together with the interest thereon at the legal rate until paid. Just compensation shall not include any diminution of the value of the property which is caused by such action.

(c)

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 regulation by a local government, including building, fire, plumbing, electrical and mechanical codes.

(Ord. 22-02 Art. 4)

(a)

A property right which has been vested as provided for herein shall remain vested for a period of three (3) years. The vesting period shall not be extended by any amendments to a site-specific development plan unless expressly authorized by the City.

(b)

Notwithstanding Subsection (a) above, the City Council may be authorized to enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three (3) years where warranted in light of all relevant circumstances, including but not limited to the size and phasing of the development, economic cycles and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum.

(Ord. 22-02 Art. 4)

A vested property right approved while one (1) local government has jurisdiction over all or part of the property included within a site-specific development plan shall be effective against other local government which may subsequently obtain or assert jurisdiction over such property.

(Ord. 22-02 Art. 4)

Nothing in this Article shall preclude judicial determination, based on common law principles, that a vested property right exists in a particular case or that a compensable taking has occurred.

(Ord. 22-02 Art. 4)