2-20-170 Vested Property Rights

(b) Site-Specific Development Plan

1. Definition
   • For purposes of C.R.S. 24-68-101 et. seq., a Site-Specific Development Plan means:
     • (a) A rezoning to a Planned Unit Development (PUD) zone district, either before or after the 5th of July, 2006.
     • (b) Approval of a final subdivision plat issued by the Board, either before or after the 5th of July, 2006. In the case of a subdivision pursuant to Sec. 2-40-50, the detailed submission shall be the site specific development plan. In the case of an Affordable Housing Subdivision pursuant to Sec. 2-40-60, the final plat shall be the site specific development plan. In the case of an LIR-TR-2 Cluster Option Subdivision pursuant to Sec. 2-40-70, the combined detailed /final plat shall be the site specific development plan. In the case of a CD-PUD Zone District Residential or Commercial Agricultural Development pursuant to Sec. 2-40-80, the CD-PUD Development Plan shall be the site specific development plan.
     • (c) A site specific approval under the County’s powers to regulate Areas and Activities of State Interest/1041 Environmental Hazard Areas issued by the Board prior to the 5th of July, 2006.
     • (d) An Activity Envelope approved pursuant to Sec. 2-30-20(g)(3) after the 5th of July, 2006.
     • (e) A Site Plan approved pursuant to Sec. 2-30-20(g)(2) after the 5th of July, 2006.
     • (f) major amendment, as defined in Sec. 2-20-150(c), to an approved Site Specific Development Plan listed in subsections (a) through (e) above.
2. Excluded Approvals
   • The following types of approvals shall not be Site-Specific Development Plans:
     • (a) Any approval excluded from the definition of Site-Specific Development Plan by C.R.S. 24-68-101 et. seq.
     • (b) Approval of a rezoning to a district other than a Planned Unit Development zone district.
     • (c) A conceptual submission or any other plan for the subdivision of land other than a detailed submission or final plat as specified in subsection (1) above.
     • (d) Any other approval not listed in subsection (1) above.
     • (e) A minor amendment, as defined in Sec. 2-20-150(b) to an approved Site Specific Development Plan listed in subsection (b)(1) above.

(c) Term of Vested Property Right

1. Three Year Term
   • If an applicant has requested and obtained a vested property right under C.R.S. 24-68-101 et. seq. that vested right shall expire three (3) years from the date of approval, unless extended pursuant to subsection (d) below.
2. Development Agreements
   • A vested right, as defined in C.R.S. 24-68-101 et. seq., may be vested for a period longer than three (3) years through the use of a development agreement. A development agreement is an agreement between the County and the property owner providing that vested rights will be granted for a longer term in return for additional certainty or benefits granted by the property owner to the County regarding a specific final development of the property. For example, vested right for periods longer than the statutory three (3) year period may be considered if (a) the applicant makes commitments that the property will protect significantly more open space, or will provide significantly more affordable housing, than would otherwise be required by this Land Use Code, or (b) the proposed development will be completed in phases, and the County and applicant wish to agree on the timing of those phases and related infrastructure requirements. Development agreements shall not be used simply to extend the three (3) year vesting period when significant additional contributions of open space or affordable housing (beyond the requirement of this Land Use Code) are not made, and a phased development is not involved, or simply to provide additional flexibility in the timing of development.

(d) Extension or Reinstatement of Vested Property Rights for Site Specific Development Plans

The Board may approve an extension of vested property rights or reinstatement of forfeited or expired vested property rights, for a period of up to three (3) years, in accordance with this section. Unless explicitly stated in the resolution or decision of the Board authorizing the extension or reinstatement, the vested right shall be modified at the time of the extension to require that the approved development conform to the terms and provisions of this Land Use Code on the date of the extension or reinstatement. Any request for reinstatement of a vested right shall be made within one (1) year of the expiration of the vested right associated with a Site-Specific Development Plan. Reasonable conditions may be imposed by the Board when granting any such extension or reinstatement. A Site-Specific Development Plan may only receive one three (3) year extension.

1. Criteria
   • In reviewing a request for the extension or reinstatement of vested property rights, the Board shall consider the following criteria:
     • (a) The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights;
     • (b) The progress made in pursuing the project to date including the effort to obtain any other permits, such as building permits, and the expenditures made by the applicant in pursuing the project;
     • (c) The nature and extent of any benefits already received by the County as a result of project approval such as impact fees or land dedications;
     • (d) The needs of the County and the applicant that would be served by approval of the extension or reinstatement request.
     • (e) The Board shall also take into consideration the length of any appeal process or litigation and the subsequent effect of a lessened vesting period for property rights.
2. Costs
   • In connection with any request for reinstatement of a vested property right after forfeiture or reinstatement of a suspended or revoked development approval, the Board shall determine the financial impacts of the investigation and may require the applicant to pay the reasonable costs of investigation and enforcement of the violation that caused the forfeiture.

(e) Effect of Later Amendments to Development Approval

1. Effect of Minor Amendment
   • If an applicant obtains a vested right for a Site Specific Development Plan pursuant to this Sec. 2-20-170, and the applicant subsequently applies for a minor amendment of the Site Specific Development Plan, the approval, conditional approval, or denial of the proposed modification shall not affect the creation of the vested right or its term. The vested right shall still expire three (3) years following its initial approval notwithstanding the minor amendment. For purposes of this provision, a minor amendment is one that meets the definition in Sec. 2-20-150(b).
2. Effect of Major Amendment
   • Approval or Conditional Approval
     • If an applicant obtains a vested right for a Site Specific Development Plan pursuant to this Sec. 2-20-170, and the applicant subsequently applies for a major amendment of the Site Specific Development Plan, the approval or conditional approval of the proposed amendment shall result in the termination of the original vested right and the creation of a new vested right that shall terminate three (3) years following its the approval of the amendment. For purposes of this subsection (2), a major amendment is one that meets the definition in Sec. 2-20-150(c).
       • (a) Denial
         • If the proposed major amendment is denied, then the original approval and vested right shall remain in effect and the vested right shall still expire three (3) years following its initial approval.
       • (b) Effect on Development Agreement
         • If the applicant has obtained vested rights through the approval of a development agreement, the vested right reflected in that agreement shall not be affected by approval or conditional approval of a major amendment, and the vested right shall expire on the date stated in the development agreement, unless the applicant applies for and receives approval from the Board for a replacement development agreement reflecting the major amendment and any adjustment in the term(s) of the vested right.