The purpose of this Article is to provide procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., which purports to establish a vested property right to undertake and complete development and use of real property under the terms and conditions of a site specific development plan. The City Council intends only to provide the procedures necessary to implement the provisions of that legislation. The City Council finds and determines that land use and development is a matter of particularly local concern, and the findings to the contrary contained in Section 24-68-101, C.R.S., are in error and entitled to no weight or consideration. Nothing contained in this Article shall constitute an admission by the City that the Colorado Legislature acted within the scope of its constitutional authority in the passage of the above-referenced legislation, nor shall it be construed as an admission that this legislation applies to a home rule municipality. (Prior code 17.01.135; Ord. 4 §1, 2005)

As used in this Section, the following words have the meanings set forth herein:

Site specific development plan means a plan denominated as such that has been submitted to the City Council by a landowner or his or her representative describing with reasonable certainty the type and intensity of use for a specific parcel of property and which includes all of the submittal requirements described in Section 16-11-40 below. No plan or other land use document submitted to or approved by the City shall be deemed a site specific development plan unless such plan meets all of the requirements of this Article and has been approved at a separate hearing conducted by the City Council pursuant to this Article.

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. (Prior code 17.01.135; Ord. 4 §1, 2005)

Compliance with this Article shall be the only available method to obtain vested property rights as defined herein. The procedures set forth in this Article shall be available with respect to any land use development project that has reached the stage of an approved preliminary subdivision plan or an approved planned unit development preliminary development plan as defined in Sections 16-6-170 and 16-6-190, respectively, of this Chapter. Vested property rights shall not be available with respect to any other type of land use approval process within the City, including without limitation zoning, conditional use permits, annexation or variances, unless such matters are included as part of the applicable planned unit development plan. (Prior code 17.01.135)

An application for approval of a site specific development plan including all of the following information shall be submitted not less than thirty (30) days prior to a public meeting of the City Council at which the applicant wishes to be considered:

(1)

All of the common submittal requirements set forth in Section 16-6-20. The application fee and cost deposit shall be the same as for a final plat for a major subdivision as set forth in Appendix A to this Code.

(2)

Three (3) copies of the approved preliminary subdivision plan and/or planned unit development preliminary development plan, together with evidence of approval of such plans and copies of the complete submittal packet for such plans.

(3)

Fifteen (15) paper copies of a proposed final plat for the property meeting all of the requirements set forth in this Code.

(4)

Three (3) copies of the following supplemental information:

a.

A site specific development plan agreement in a form acceptable to the City Attorney, including a legal description of the property, providing that no grading or construction related to public improvements shall occur on any portion of the property until such time as a final subdivision plan has been approved for the property and a subdivision improvements agreement has been entered into between the property owner and the City pursuant to this Article and a performance guarantee has been provided to the City. Upon approval by the City Council, the site specific development plan agreement shall be recorded in the office of the County Clerk and Recorder and shall operate as a covenant and equitable servitude upon the land. The agreement shall provide that, in the event of a breach, the City will be entitled to an injunction and damages, and the developer will forfeit his or her vested rights. The restriction against grading and construction shall expire upon the expiration of any vested rights granted pursuant to this Article, or upon the recordation of an approved final plat and approved subdivision improvements agreement for the property pursuant to this Article, whichever first occurs.

b.

Certification by the County Treasurer that all applicable ad valorem taxes have been paid and are not in arrears.

c.

The proposed subdivision protective covenants, if any.

d.

Evidence, which need not include evidence of actual filings with any public utilities, that all services, including water, sewage, disposal and street access, will conform to state and local laws and shall be available to each subdivision lot and condominium unit in a manner permitted by law and the covenants of the subdivision. On double frontage or corner lots, street access shall be designated by the City Planner.

e.

A copy of the Colorado State Land Survey Monument Record forms for any survey corners as required to be filed by state law.

f.

Condominium declarations (applicable if the subdivision includes condominium units) and/or common interest community documents as required by Article 33.3, Title 38, C.R.S., and including the following:

1.

A statement defining the character, duration, rights, obligations and limitations of condominium common interest community ownership, including any restrictive covenants affecting individual units;

2.

A statement of the method by which the proportionate valuation of common elements shall be assessed to individual units; and

3.

Provisions for creating conditions, restrictions and limitations on time sharing ownership, if applicable.

(5)

Combined submittal. The applicant may elect to combine an application for approval of a site specific development plan with an application for approval of a final subdivision plan and/or planned unit development final development plan. In such event, the submittal requirements set forth in this Section may be satisfied as part of the application for approval of the final subdivision plan and/or planned unit development final development plan, and neither the separate application nor the separate fee described in this Section shall be required. All other provisions of this Article shall still apply. (Prior code 17.01.135; Ord. 4 §1, 2005)

No site specific development plan shall be approved until after a public hearing is held before the City Council at a regular or special meeting. This hearing may be combined with other hearings before the City Council relating to the project. Notice shall be given by the applicant of the public hearing, either separately or combined with other notices which are required by the provisions of this Chapter. The public notices shall comply with Section 16-1-50 of this Chapter. Any interested persons shall have an opportunity to be heard at the public hearing. (Prior code 17.01.135)

Review by the City Council and any decision shall be in conformance with Section 16-5-430. In addition to the matters set forth therein, the City Council shall consider whether the proposed site specific development plan conforms with all conditions of approval of the preliminary subdivision plan and/or planned unit development preliminary development plan, as applicable. No site specific development plan shall be approved except by ordinance. (Prior code 17.01.135)

Approval by the City Council of a site-specific development plan pursuant to this Article shall operate to grant vested rights for a period of three (3) years from the date of the City Council's final approval action, unless a longer or shorter period is requested by the applicant and is approved by the City Council in its sole discretion. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within one (1) year of the final approval action, shall result in the forfeiture of vested property rights and shall render the final approval void and ineffective. In the event amendments to the site-specific development plan are proposed and approved, the effective date of such amendments, for the purpose of the duration of the vested property right, shall be the date of the approval of the original site specific development plan unless the City Council specifically finds to the contrary and incorporates such findings in its approval of the amendment. If and only if vested rights are approved by the City Council pursuant to this Section, such approval shall automatically extend the duration of the approval periods described in Paragraphs 16-5-290(a)(2) and (a)(4) of this Chapter for preliminary subdivision plans or planned unit development preliminary plans, as applicable, so that such approval periods shall expire at the same time as any vested rights granted pursuant to this Section. If the property owner or his or her successors or assigns fails to submit a complete application for approval of a final subdivision plan or planned unit development final development plan within the vested rights period, then any and all prior approvals for the property shall automatically expire at the end of the vested rights period, and any development or subdivision of the property shall require recommencement of the entire process described in this Chapter. For good cause shown, upon application filed pursuant to this Chapter prior to the expiration of the approved vested rights period, the vested rights period may be extended once for up to one (1) year. (Prior code 17.01.135; Ord. 17 §3, 2012)

(a)

Each 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."

(b)

The failure to include this statement in the plan shall preclude the creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved and the specific parcel of property affected, and stating that a vested property right has been created, shall be published once, not more than fourteen (14) days after approval of the site specific development plan, in a newspaper of general circulation within the City. The applicant shall have the sole responsibility to publish said notice. Failure to publish the notice within the prescribed time period shall preclude the creation of the vested property right unless a new hearing is conducted by the City Council at the expense of the applicant. (Prior code 17.01.135)

In addition to any and all other fees and charges imposed by this Code, the applicant for approval of a site specific development plan shall pay all costs incurred by the City as a result of the site specific development plan review, including without limitation publication of notices, public hearing and review costs, legal and engineering fees and recording fees. A deposit may be required, in an amount to be determined by the City Manager, prior to the setting of a hearing for a site specific development plan. (Prior code 17.01.135)

Except as expressly set forth in this Article, approval of a site specific development plan does not constitute an exemption from, or waiver of, any other provision of this Chapter pertaining to the development and use of property. (Prior code 17.01.135)

Nothing contained in this Article is intended to create a vested property right, but merely to implement the provisions of Article 68 of Title 24, C.R.S. In the event that said state statute is repealed or judicially determined to be invalid, unconstitutional or inapplicable to the City specifically or to Colorado home rule municipalities generally, this Article shall be deemed to be repealed and the provisions hereof no longer effective; provided, however, that any vested rights granted prior to such statutory repeal or judicial determination shall remain in effect in accordance with the approved site specific development plan. (Prior code 17.01.135)