Chapter 17.128 VESTED PROPERTY RIGHTSChapter 17.128 VESTED PROPERTY RIGHTS
The authority for and the sole purpose of this chapter is to make and declare the permitted definitions and to provide the procedures necessary for the implementation of the provisions of Title 24, Article 68, Sections 101 through 106 of the Colorado Revised Statutes.
A. "Site Specific Development Plan" means a map, plat, plan or other document but only as are more particularly described below, including all terms and conditions thereof or which are incorporated by reference which also describes with reasonable certainty the type and intensity of use permitted for a specific parcel or parcels of land:
1. Final Subdivision Plat, as that term is used, referenced and defined in the Pueblo County Subdivision Regulations as approved by the Board of County Commissioners; or
2. Planned Unit Development Plan as that term is used, referenced and defined in Section 17 of the Pueblo County zoning resolution as approved by the Board of County Commissioners; or
3. Such other map, plat or other document wherein a specific written agreement designating the same as a "site specific development plan" has been executed between the Board of County Commissioners and the property owner for a specific project or development; or
4. No other map, plat, other document or approval of any nature submitted and/or obtained pursuant to the Pueblo County Zoning Resolution and/or the Pueblo County Subdivision Regulations shall constitute a site specific development plan.
B. "Vested real 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.
No site specific development plan shall be approved until after a public hearing preceded by written notice of such hearing. Such notice may, at the County’s option, be combined with the notices otherwise required under this Title and/or Title 16, as amended, or with any other required notice. At such hearing, interested persons including owners of the described property, their representatives, and other interested persons shall have an opportunity to be heard.
A site specific development plan shall be deemed approved upon the effective date of the final Board of County Commissioner’s action approving such plan. In the event amendments to a site specific development plan 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 site specific development plan, unless the Board of County Commissioners specifically finds to the contrary and incorporates such findings in its approval of the amendment. Pueblo County is authorized, but shall not be required to extend vested property rights for a period exceeding three years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles and market conditions and the like.
Each document constituting a site specific development plan as that term is defined herein shall contain the following language: "Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, Sections 101-106, C.R.S. as amended." Failure to contain this statement shall invalidate the creation of the vested property right for all purposes.
Any approval shall be subject to 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, in a newspaper of general circulation within Pueblo County, of a notice advising the general public of the site specific development plan approval and creation of a vested property right pursuant to Title 17. Such publication shall be the responsibility of the applicant and shall occur no later than fourteen (14) days following approval. The applicant shall present to the Planning Department an affidavit of such notice within ten (10) days of publishing the same. The notice to be published shall read as follows:
Notice is hereby given that on the ___ day of _______, ____, the Pueblo County Board of County Commissioners approved a site specific development plan for the property and purpose described below, which approval may have created a vested property right pursuant to Colorado law. Such approval is subject to all rights of judicial review.
type and intensity of use
and date of publication:
In the event that the applicant does not publish the notice and provide an affidavit of the same in accordance with this subsection, the County may, but shall not be required to, publish the notice. In addition, a failure to publish such notice by the applicant shall mean that the period of time permitted by law for the exercise of judicial review shall commence on the date of the final approval of the site specific development plan by the Board of County Commissioners and not thereafter.
Payment of Costs. In addition to any and all other fees and charges imposed by Pueblo County Land Use Regulations, the applicant for approval of a site specific development plan shall pay all costs occasioned to the County as a result of the site specific development plan review, including publication of notice, public hearing and review costs.
Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of this Title and/or Title 17 pertaining to the development and use of property.
Nothing in this Chapter is intended to create any vested real property right, but only to implement the provisions of Article 68 of Title 24, Sections 101-106, C.R.S, as amended. In the event of the repeal of said Article or a judicial determination that said Article is invalid or unconstitutional, this Chapter shall be deemed to be repealed, and the provisions hereof no longer effective.