The purpose of this Section is to provide procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended.
(a) As used in this Section, unless the context otherwise requires:
(1) Community planning document means the City of Creede Comprehensive Plan, any other planning documents adopted by the City of Creede through a public hearing process, and any planning document adopted by other governmental and quasi-governmental entities that provide public services or facilities to the City of Creede or which include the City of Creede within their service or planning boundaries.
(2) Site specific development plan means a planned unit development plan, or any amendment thereto, approved pursuant to §9-3-60, Planned Unit Developments, of this Code, together with a development agreement approved pursuant to §9-3-130 hereof. A site specific development plan that creates vested property rights may also include other development approvals if approved at the discretion of the Board of Trustees upon request by a property owner; however, such request shall not result in an application for a development approval other than a planned unit development plan to be treated as a site specific development plan for the purposes of C.R.S. §24-68-102.5(1).
(3) Vested property right means the right to undertake and complete the development and use of property under the express terms and conditions of a site specific development plan.
(b) Vested property right created.
(1) A vested property right shall be deemed to have been created only upon the approval of a site specific development plan in accordance with this Article.
(2) A vested property right shall only be created if approved by ordinance which may be combined with an ordinance approving a site specific development plan and an accompanying development agreement. Amendments to any site specific development plan shall be subject to this Article and shall have a new vested property right as determined by the Board of Trustees. Any approval of a site specific development plan, or amendment to an existing site specific development plan, that creates vested property rights shall be adopted by ordinance as a legislative act and shall be subject to referendum. When creating a vested property right, the Board of Trustees may expressly exempt, in whole or in part, administrative amendments to site specific development plans from additional review and approval by Board of Trustees under this Article.
(3) The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and which are applicable to all properties or a similarly situated class of properties subject to land use regulation by the City, including but not limited to the regulations contained in Chapter 18 of this Code, regulations concerning subdivision improvements and right-of-way dedications, and regulations establishing requirements and specifications for any public infrastructure or public facility improvements. Ordinances or regulations which are general in nature and which are applicable to all properties or a similarly situated class of properties subject to land use regulation by the City shall not be deemed to alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of a property with vested property rights regardless of the financial impact of such ordinance or regulation.
(4) The establishment of a vested property right shall not preclude the application of any legislatively adopted fees which are general in nature, uniform in character and applicable to all properties or a similarly situated class of properties.
(c) Notice and hearing. No site specific development plan shall be approved until after providing notice and conducting public hearings in compliance with §9-3-20(d).
(d) Notice of approval.
(1) Each map, plat, site plan or other document constituting a site specific development plan shall contain the following language: "Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, and Chapter 9, Article 3 of the Creede Municipal Code as amended."
(2) The failure of the document constituting a site specific development plan to contain the language specified in Subsection (d)(1) above may invalidate the creation of the vested property right in accordance with Article 68 of Title 24, Colorado Revised Statutes, and Chapter 9, Article 3 of the Creede Municipal Code, including the duration of the vested property right; and
(e) Duration of vested right.
(1) A property right vested pursuant to this Article after shall remain vested for a period of three (3) years. The Board of Trustees may approve a period of vested property rights exceeding three (3) years by approval of a development agreement, which shall be part of the site specific development plan.
(2) The guidelines in this §9-3-130(e)(2) shall be considered when determining whether to grant vested property rights for a period greater than three (3) years, provided that site specific development plans that are granted vested property rights for a period greater than three (3) years because of the size, phasing, or absorption rate of such site specific development plan should have separate vesting created for the various phases of the development, as set forth in §9-3-130(e)(4). It shall be the burden of the applicant to propose appropriate reasons for granting a vested property right that is greater than three (3) years. [Absorption rate is the rate that real estate is sold].
a. The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period;
b. Economic cycles, and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles;
c. Market conditions, and specifically but not limited to absorption rates for leasing and sales of similar development projects;
d. Compliance with the concepts of the City of Creede Comprehensive Plan and other community planning documents;
e. Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Creede community, including the degree to which such public amenities and benefits are defined in terms of design, time frame, and phasing with development;
f. Projected public financial benefits or costs estimated to be caused by the development project, including the time frame for realization by the City or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the City or other public entities;
g. The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the City's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose of meeting evolving community needs;
h. The terms of any existing site specific development plans with development agreements for the applicant's property that specify the duration of vested property rights;
i. Any proposed modifications to previously approved vested property rights to address changed conditions within the Creede community, compliance with the Comprehensive Plan and other community planning documents, or performance of previously approved site specific development plans; and
j. Any other factors deemed relevant by Board of Trustees when determining to grant a vested property right for a period greater than three (3) years.
(3) The City may approve a site specific development plan subject to such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare of the Creede community.
(4) Any site specific development plan for a multiple-phase development approved after may have separate vesting created for each phase. The vesting for any subsequent phase may be contingent upon completion of the preceding phase and review by the Board of Trustees. Such review shall include but not be limited to whether the landowner, developer, successors or assigns are in compliance with its obligations to the City, including but not limited to the terms and conditions of a site specific development plan, a development agreement and any other agreements between the landowner, developer, successor and assigns and the City, as they may have been amended from time to time.
(f) Extension of vested property rights. A landowner may request an extension of vested property rights by submitting an application for extension of vested property rights at least six (6) months prior to the expiration of the vested property rights. No application for extension of a vested property right shall be approved until after providing notice and conducting public hearings in compliance with §9-3-20(d). The guidelines in §9-3-130(e)(2) shall be considered when determining whether to grant an extension to a vested property right. An extension of a vested property right shall be approved by ordinance. The notice of approval provisions in §9-3-130(d)(1) above shall apply to any approval for extension of vested property rights.
(Ord. 395 §3, 2016)