§ 17.54.030. Creation—Notice and hearing.

A.

A vested property right pursuant to C.R.S. Title 24, Article 68, as amended, is created only upon city council approval or conditional approval of a site specific development plan which has been processed in accordance with the provision of this chapter. No administrative or other type of land use approval shall create such a vested property right.

B.

Any landowner seeking the creation of a vested property right through approval of the site specific development plan shall invoke the procedures of this chapter by specific written request to the city. The request shall be made to the planning director at least 30 days prior to the date the city council is to consider approval of the site specific development plan. The failure of the landowner to make such a request renders the PUD final development plan not a site specific development plan and no vested rights shall be deemed to be created by its approval or conditional approval.

C.

No site specific development plan shall be approved until after a city council public hearing, preceded by notice of the hearing published at least once in a newspaper designated by the city for the publication of notices. The notice shall be published by the city at least 15 days prior to the city council hearing date and may, at the city's option, be combined with any notice required for the PUD final or preliminary development plan or with any other required notice, or may be given separately. Interested persons shall have the opportunity to be heard at the hearing.

D.

The city council's intention to create a vested property right shall be set forth in the resolution granting approval or conditional approval of the site specific development plan.

(Ord. No. 1313-1999, § 1; Ord. No. 1567-2010, § 4, 2-16-2010)