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Heather Balser, Acting Planning Director <br />February 17, 2010 <br />Page 2 of 3 <br />LIGHT, HARRINGTON & DAWES, P.C. <br />the case of counties, it cannot be a county subdivision sketch plan or county preliminary <br />plan; nor can it be final construction or architectural plans). The Act states that a site <br />specific development plan may include a planned unit development (PUD) plan, a plat, a <br />preliminary or general development plan, a development agreement, or other types of <br />approvals. What constitutes such a plan shall be determined by local government <br />ordinance or regulation or upon agreement with the landowner. C.R.S. § 24- 68- 102(4)(a). <br />3. The Code identifies the PUD final development plan as the site specific development <br />plan for the City. Code § 17.54.020. <br />What rights are secured by the vesting of property rights? <br />1. A vested property right, once established pursuant to the Act and Code, "precludes any <br />zoning or land use action by a local government or pursuant to an initiated measure <br />which would alter, impair, prevent, diminish, impose a moratorium on development, or <br />otherwise delay the development or use of the property" as set forth in the site specific <br />development plan unless: <br />a. The affected owner consents; <br />b. The land use action is based on a need to address previously unknown hazards <br />which would pose a serious threat to health, safety or welfare if uncorrected; or <br />c. The affected owner receives just compensation for costs incurred (this is for <br />development and other costs —e.g., site prep, financing fees, planning, <br />architectural fees, marketing, etc. —but not diminution in value). C.R.S. § 24 -68- <br />105(1). <br />2. Examples of types of actions presumably precluded: (a) a rezoning that removes vested <br />uses; (b) an ordinance reducing vested design standards; (c) a moratorium or new <br />significant procedural requirements. <br />3. However, vesting does not excuse the obligation to comply with regulations "which are <br />general in nature and are applicable to all property subject to land use regulation by a <br />local government," including building codes. C.R.S. § 24- 68- 105(2). The plan is also <br />subject to subsequent reviews and approvals to ensure compliance with the terms and <br />conditions of the original approval. C.R.S. § 24- 68- 104(3). <br />flow long is the vesting period? <br />I. The Act and Code provide for a three -year vesting period. C.R.S. § 24 -68- 104(1); Code § <br />17.54.060. If allowed by the local government, this period can be extended at the time of <br />plan amendments. C.R.S. § 24- 68- 104(1). <br />2 <br />