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

(Ord. No. 1313-1999, § 1)

As used in this chapter, the following words and phrases shall have the meanings set forth in this section, unless the context otherwise requires:

Landowner means any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assigns of such ownership interests.

Site specific development plan means and is limited to (a) a planned unit development (PUD) final development plan submitted pursuant to Chapter 17.28 of this title, which plan may be accompanied by a non-administrative special review use request submitted pursuant to Chapter 17.40 or 17.42 of this title, or (b) a planned unit development (PUD) preliminary development plan submitted pursuant to Chapter 17.28 of this Title, but only if and to the extent provided in a vested rights agreement approved and executed pursuant to section 17.54.090 of this Title. No other type of land use application shall be considered a site specific development plan.

Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.

(Ord. No. 1313-1999, § 1; Ord. No. 1567-2010, § 3, 2-16-2010)

A.

A vested property right pursuant to C.R.S. Title 24, Article 68, as amended, is created only upon city council approval or conditional approval of a site specific development plan which has been processed in accordance with the provision of this chapter. No administrative or other type of land use approval shall create such a vested property right.

B.

Any landowner seeking the creation of a vested property right through approval of the site specific development plan shall invoke the procedures of this chapter by specific written request to the city. The request shall be made to the planning director at least 30 days prior to the date the city council is to consider approval of the site specific development plan. The failure of the landowner to make such a request renders the PUD final development plan not a site specific development plan and no vested rights shall be deemed to be created by its approval or conditional approval.

C.

No site specific development plan shall be approved until after a city council public hearing, preceded by notice of the hearing published at least once in a newspaper designated by the city for the publication of notices. The notice shall be published by the city at least 15 days prior to the city council hearing date and may, at the city's option, be combined with any notice required for the PUD final or preliminary development plan or with any other required notice, or may be given separately. Interested persons shall have the opportunity to be heard at the hearing.

D.

The city council's intention to create a vested property right shall be set forth in the resolution granting approval or conditional approval of the site specific development plan.

(Ord. No. 1313-1999, § 1; Ord. No. 1567-2010, § 4, 2-16-2010)

A.

Not more than 14 days after city council approval or conditional approval of a site specific development plan, there shall be published in a newspaper designated by the city for the publication of notices, a public notice. The notice shall contain the following:

1.

A statement that a site specific development plan has been approved and a vested property right created.

2.

A statement generally describing the type and intensity of use approved in the site specific development plan, and a reference to the specific city council resolution of approval.

3.

A description of the subject property which shall include a vicinity description by reference to an adjacent or nearby road intersection, and which may include a legal description.

B.

Each map, plan or other document constituting a site specific development plan shall contain the following language: "Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." Failure to include this statement shall prevent the creation of a vested property right.

(Ord. No. 1313-1999, § 1)

A site specific development plan shall be deemed approved upon the effective date of city council's final action granting approval or conditional approval of such plan, if such approval is otherwise granted in compliance with the procedures of this chapter. Failure to comply with the procedures set forth in this chapter shall prevent the creation of a vested property right.

(Ord. No. 1313-1999, § 1)

A.

A vested property right which has been created pursuant to this chapter shall remain vested for a period of three years, unless a longer period is expressly authorized by city council resolution.

B.

The three-year vesting period shall not be extended by any amendments to a site specific development plan. Therefore, in the event city council approves amendments to a site specific development plan, the effective date of such amendments, for purposes of duration of any vested property right, shall be the date of city council's approval of the original site specific development plan, unless the city council by resolution expressly finds and determines otherwise. Vested property rights shall not attach to any administrative amendment, and may attach to amendments to the site specific development plan only if approved in compliance with the procedures set forth in this chapter.

(Ord. No. 1313-1999, § 1)

The applicant for approval of a site specific development plan shall pay a fee in an amount set by the city administrator in accordance with section 17.04.080.

(Ord. No. 1313-1999, § 1)

A.

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 or use of property.

B.

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 the city, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Further, the establishment of a vested property right shall not preclude the application of ordinances or regulations as otherwise permitted by C.R.S. Title 24, Article 68, as amended.

C.

A site specific development plan for which a vested right has been created shall not be exempt from subsequent reviews and approvals to ensure compliance with the terms and conditions of the plan's approval.

The city council in its sole discretion may enter into agreements with landowners providing that property rights shall be vested for a period exceeding three years, or that property rights shall be vested for provisions of a planned unit development (PUD) preliminary development plan, or both, where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, economic cycles, and market conditions. Such agreements shall be referred to the planning commission for review and recommendation prior to city council final action. Such agreements shall be adopted as legislative acts subject to referendum.

(Ord. No. 1313-1999, § 1; Ord. No. 1567-2010, § 5, 2-16-2010)

Nothing in this chapter is intended to create any vested property right, but only to implement the provisions of C.R.S. Title 24, Article 68, as amended. In the event that said Article is repealed, or deemed by a court to be invalid or unconstitutional, this chapter shall be deemed to be repealed and the provisions hereof shall no longer be effective.

(Ord. No. 1313-1999, § 1)