The purpose of this Article is to provide procedures and regulations necessary to implement a program of legislated vested rights called for by the provisions of Article 68 of Title 24, C.R.S.

(Ord. No. 500, § 1, 8-11-2016)

A.

As used in this Section, Site Specific Development Plan(SSDP) means a plan approved by the City pursuant to this Article which has been submitted to the City by a landowner or his or her representative describing with reasonable certainty the type and intensity of use for a specific parcel of property. Such plan shall consist of one or more of the following:

1.

An approved final planned unit development plan;

2.

An approved subdivision plat;

3.

An approved conditional use;

4.

An approved development plan;

5.

An approved change in a nonconforming use; or

6.

Development agreements executed by the City which specifically provide that they should be part of an SSDP.

B.

Preliminary subdivision plats or preliminary PUD plans are not considered as an SSDP. Additionally, approved variances, final architectural plans, public utility filings, final construction drawings and/or related documents and methods for construction for improvements are not, in their capacity alone, considered an SSDP.

C.

An SSDP shall specify all plats, reports, variances, final construction documents and associated items and conditions applicable to the development that were reviewed and approved utilizing all applicable sections of this Chapter.

D.

An SSDP may only be considered once a project has obtained final approval in accordance with this Chapter.

(Ord. No. 500, § 1, 8-11-2016)

A.

City Council decision . Following a public hearing pursuant to Section 16-10-40 of this Chapter, the City Council shall render a final decision on the SSDP.

B.

Approval. For the creation of vested property rights pursuant to Article 68 of Title 24, C.R.S., the applicant shall request the approval in writing at least 30 days prior to the date said approval is to be considered. Failure of the applicant to request such an approval renders the plan not an SSDP, and no vested property rights shall be deemed to have been created.

(Ord. No. 500, § 1, 8-11-2016)

A.

An SSDP shall be deemed approved upon the effective date of the resolution granting final approval of the SSDP. The vested property right shall attach to and run with the property and shall confer upon the applicant the right to undertake and complete the development and use of said property under the terms and conditions of the SSDP, including any amendments thereto.

B.

The City Council may approve an SSDP upon such conditions necessary to protect the public health, safety and welfare. Failure to abide by such conditions shall result in automatic forfeiture of vested property rights.

C.

If amendments to an SSDP are approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original SSDP, unless the City Council specifically finds to the contrary and incorporates such findings in its approval of the amendment.

D.

The approval of vested property rights 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 of a notice to the general public of the SSDP and creation of vested property rights.

(Ord. No. 500, § 1, 8-11-2016)

A.

Each map, plat, site plan or other document constituting an SSDP shall contain the following notice: "This plan constitutes a Site Specific Development Plan as defined in Section 24-68-101, et seq., C.R.S., and Chapter 16 of the Victor Municipal Code, available at Victor City Hall, 500 Victor Avenue, Victor, CO 80860." Failure to include this statement shall invalidate the vested property right.

B.

The City shall publish a notice describing generally the type and intensity of the use approved and the specific property affected and stating that a vested property right has been created. The notice shall be published once in a newspaper of general circulation in the City.

(Ord. No. 500, § 1, 8-11-2016)

A vested property right shall remain vested for a period of three years; except that the City Council may, in its sole discretion, grant vested property rights for a longer period. The vesting period shall not be extended by any amendments to an SSDP unless expressly authorized by the City Council.

(Ord. No. 500, § 1, 8-11-2016)

Approval of a SSDP shall not constitute an exemption or waiver of any other provision of this Chapter.

(Ord. No. 500, § 1, 8-11-2016)

A.

Nothing in this Article is intended to create any vested property right, but only to implement Article 68 of Title 24, C.R.S.

B.

Nothing in this Article shall be construed to limit the authority of the City and an applicant to enter into a development agreement vesting property rights in the applicant, and such agreement shall not be limited or expanded by this Chapter.

(Ord. No. 500, § 1, 8-11-2016)