EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter X.
Vested Property Rights

A. AUTHORITY
Title 24, Article 68, Colorado Revised Statutes.

B. PURPOSE AND INTENT

This Chapter of the Land Development Code provides the procedures necessary to implement the provisions of Article 68 of Title 24, Colorado Revised Statutes, and is designed and enacted to ensure reasonable certainty, stability, and fairness in the land use planning process, to stimulate economic growth, to secure the reasonable investment? backed expectations of landowners, to foster cooperation between the public and private sectors in the area of land use planning, while preserving the prerogatives and authority of El Paso County with respect to land use planning matters.

C. REGULATIONS BY ZONE DISTRICT

1. The procedures set forth in this subsection 1. shall be used to request the vesting of property rights within the following Zone Districts:

Forest and Recreation District (F)
Agricultural District (A-1)
Agricultural District (A-35)
Rural Residential District (RR-1)
Rural Residential District (RR-2)
Rural Residential District (RR-3)
Residential-Topographic District (R-T)
Residential District (R)
Residential District (R-1)
Residential District (R-2)

a. The Board of County Commissioners' approval of a Final Plat for residential uses may constitute approval of a Site Specific Development Plan for the purposes of property rights vesting.

b. For all other uses, including those listed within the category of Uses Requiring Special Approval (Special Uses) the Board of County Commissioners' approval of a Plot Plan, as described in Section 37 of this Code, may constitute approval of a Site Specific Development Plan for purposes of property rights vesting.

2. a. The procedures set forth in this subsection 2. shall be used to request the
vesting of property rights within the following Zone Districts:

Residential District (R-3)
Planned Unit Development District (PUD)
Neighborhood Business District (NBD)
Planned Office Complex District (POC)
Planned Business Park District (PBP)
Planned Business District (PBD)
Planned Business Center District (PBC)
Planned Industrial District (PID)
Planned Heavy Industrial District (PHID)
          Research & Development District (R&D)
Mobile Home Park and Mobile Home Subdivision Districts
          (MHP and MHS)
 Recreational Vehicle Park and Recreational Vehicle Subdivision            Districts (RVP and RVS)
 Hazardous Waste Transfer, Storage and Treatment Facility District (HWT)

b. No vesting shall be allowed for the following Zone Districts:

Obsolete Districts:
Planned Development District (R-4)
Commercial District (C-1)
Commercial District (C-2)
Industrial District (M)

c. The Board of County Commissioners' approval of a Final Plat and a Plot Plan as described in Section 37 of this Code may constitute approval of a Site Specific Development Plan for purposes of property rights vesting.

d. The Board of County Commissioners' approval of a PUD Development Plan as described in Section 16 of this Code may constitute approval of a Site Specific Development Plan for purposes of property rights vesting.

e. A person/ entity may apply to the Board of County Commissioners for vested property rights status of a PUD Development Plan. The Board of County Commissioners may grant vested property rights status to a PUD Development Plan as a Site Specific Development Plan if the Board of County Commissioners determines that the PUD Development Plan meets the requisite standards set forth for vested property rights status in Paragraph F below. The person/ entity applying for said vested rights status shall follow any and all procedures set forth in this Code that are applicable to any application for vested property rights status.

f. In the event the person/ entity is applying for vested property rights status for a Generalized (Master) PUD Development Plan, the Board of County Commissioners shall limit the scope of vested property rights status to the maximum number of dwelling units within a proposed boundary as stated on the Generalized (Master) PUD Development Plan and/or to the maximum square footage of non-residential structures within a proposed boundary as stated on the Generalized (Master) PUD Development Plan. In addition, the granting of vested property rights status for a Generalized (Master) PUD Development Plan shall not express or imply that the holder of vested property rights status shall have any right whatsoever to exchange and/or move proposed densities and/or uses by and between any proposed boundaries on the vested Generalized (Master) PUD Development Plan.

D. PLATTING REQUIRED

Except as described in Paragraph 2.b.of this Chapter, or as otherwise exempted by Statute, all land for which a vesting of property rights is requested shall be subdivided in accordance with El Paso County Subdivision Regulations prior to or in conjunction with such vesting. In the case of vesting of a generalized (master) PUD Development Plan, the property which is the subject of such vesting shall be subdivided in accordance with El Paso County Subdivision Regulations prior to the Development Services Department's authorization for the issuance of building permits, unless otherwise exempted by Statute.

E. REQUEST FOR SITE SPECIFIC DEVELOPMENT PLAN APPROVAL

Any request for approval of a Site Specific Development Plan that would create a vested property right shall follow the procedures established for zoning and rezoning requests set forth in Section 2 of this Code including the provisions for published notice and public hearing (Section 2.A.9.b.(1),(3) and (4)). Failure to so request renders the approval not a "Site Specific Development Plan", and no vested rights shall be deemed to have been created.

F. STANDARDS AND CONDITIONS FOR APPROVAL

A Site Specific Development Plan shall be approved only if the Board finds that the Site Specific Development Plan complies with all the following standards and conditions as applicable:

1. Complies with the minimum application requirements of a previous land use approval(s) pursuant to the Land Development Code for the subject development of the property, including terms and conditions of such land use approval(s);

2. Is consistent with the land use approval(s) noted next above; and

3. The development complies with all applicable codes, regulations and other permit requirements in effect at the time of approval.

4. In the event the person/ entity is applying for vested property rights status for a PUD Development Plan that has not been platted, there shall be a finding that such vesting is necessary to enable the development to provide both on-site and off-site improvements to critical public infrastructure, which public infrastructure shall be for the benefit of both the development and a region beyond the development, and which infrastructure shall include, but shall not be limited, the improvement of public roads, drainage and sewer facilities, traffic control devices, etc.

The Board may approve, conditionally approve or deny a request for Site Specific Development Plan approval. A conditional approval may impose such terms and conditions as are necessary to protect the public health, safety and welfare of current and future residents of the County. Failure to abide by such terms and conditions shall result in forfeiture of vested property rights and shall void the Site Specific Development Plan.

Reapplication for such forfeited rights shall be by new petition and shall comply in all respects with the procedural and substantive provisions of this Chapter.

G. NOTICE

Notice of the Board of County Commissioners' approval of a Site Specific Development Plan and the creation of vested property rights shall be published in a newspaper of general circulation in El Paso County no later than fourteen (14) days following the approval.

H. DURATION OF VESTED PROPERTY RIGHTS

A vested property right, once created, shall run for a period of three (3) years commencing from the date of the Board's approval of the Site Specific Development Plan.

The Board may enter into a Development Agreement with the applicant providing for vesting of property rights for a period of longer than three (3) years. In determining whether to enter into such an agreement to extend the time period of Site Specific Development Plan approval, the Board shall consider, among other things, the size and phasing of the development, economic cycles, market conditions, contributing infrastructure which will provide a regional benefit, and other relevant circumstances which warrant such agreement. Although no maximum time limit for vesting is included when a Development Agreement is proposed, an upper time limit should be established for each Development Agreement based on those factors previously described in this paragraph. A Development Agreement shall, as a minimum, include the following:

1. Description of the land subject to the development agreement;

2. Specification of the permitted uses of the property, the density and intensity of use, the phasing of the development project, and the maximum height and size of proposed buildings;

3. Provision, where appropriate, for reservation or dedication of land for public purposes as may be required or permitted pursuant to laws, resolutions, regulations, or policies in effect at the time of entering into the agreement;

4. Identification of the terms and conditions relating to financing of necessary facilities by the applicant;

5. Description of all permits needed to be approved for the development of the property;

6. Provision for commencement dates and completion dates;

7. Provision for review of compliance with the terms and conditions of the development agreement, on a periodic basis;

8. Provision for modification, termination, cancellation and enforcement of the development agreement; and

9. Description of any requirements determined to be necessary to protect the public health, safety and welfare.

The development agreement may also cover any other matters not inconsistent with Sections 24-68-101, et. seq., C.R.S., nor prohibited by law.

Nothing in this Chapter X shall express or imply a limitation on the number of times a person/ entity may apply for vested right status for a particular Site Development Plan, including a Site Specific Development Plan that is a PUD Development Plan or a Generalized (Master) PUD Development Plan, even if the Board of County Commissioners has previously granted vested rights status to said Site Specific Development Plan, including a Site Specific Development Plan that is a PUD Development Plan or a Generalized (Master) PUD Development Plan.

However, in the event of a denial of vesting for a given application a person/ entity may not present that same application for reconsideration less than one (1) year from the date of final Board action on the previous denial.

I. PLAN PREPARATION

1. The Site Specific Development Plan to be recorded shall be drawn with permanent India ink or produced by a photographic process on a linen or polyester (mylar) film.

a. Size of sheets: 24" x 26".

b. Scale: 1" = 20', 1" = 50', 1" = 100'. Plans covering over 160 acres or which are made up of a majority of lots of five (5) acres or more may be drawn at a scale of 1" = 200'. However, all plans drawn to this scale must illustrate the required information clearly and legibly.

c. If more than one sheet is used, all sheets must be indexed and contain an index map showing the relationship of the sheet to the whole. Each sheet shall show the scale, date of the survey, north point, and name of the Site Specific Development Plan.

2. Information depicted upon the Site Specific Development Plan shall be as established by the applicable portion of the Land Development Code for Final Plats (Section 48 C.) and/or Plot Plans (Section 37) and/or PUD Development Plans (Section 37.5), as applicable..

3. In addition to the information required for a Final Plat or Plot Plan, all Site Specific Development Plans shall contain:

a. A complete and accurate legal description of the property;

b. Certification statements, as required, to include:

(1) Certification of approval by the Board of County Commissioners;
(2) Certification of recordation by the Clerk and Recorder;
(3) Certification of the Development Services Director;
(4) Certification of the owner.

c. A note referencing the Reception Number of the Board of County Commissioners' Resolution approving the Site Specific Development Plan.

J. SUBMITTAL REQUIREMENTS

Refer to Chapter IV, Section 4 D. of the Land Development Code.

K. RECORDING REQUIRED

1. Prior to the recording of a Site Specific Development Plan the applicant shall provide the Development Services Department the copy of the Plan and related documents, (e.g. Development Agreement, Covenants, Resolutions) to be recorded together with all fees necessary to record the Site Specific Development Plan and related documents.

2. Following the Board of County Commissioner's approval of the Site Specific Development Plan the signature of the Chairperson of the Board of County Commissioners and the Development Services Director shall be affixed to the document.

3. The Site Specific Development Plan and related documents shall be recorded by the Development Services Department prior to the publication of the Notice of the Board of County Commissioner's approval of the Site Specific Development Plan and creation of vested property rights.

4. No changes, erasures, modifications, or revisions shall be made on the Site Specific Development Plan after approval by the Board of County Commissioners.

L. AMENDMENTS TO SITE SPECIFIC DEVELOPMENT PLANS

No amendment of the Site Specific Development Plan shall be permitted except upon approval by the Board following review and public hearings held in accordance with this Chapter and pursuant to a finding that the amendment is consistent with the standards as set forth in Section F of this Chapter. The Board's approval of any such amendment of the Site Specific Development Plan shall not extend the duration of the original vesting unless expressly authorized by the Board.

M. FEES

The Board of County Commissioners may establish fees to cover costs associated with review of an application for a Site Specific Development Plan.

N. OTHER PROVISIONS UNAFFECTED

Approval of a Site Specific Development Plan shall not constitute an exemption from or waiver of any other provisions of this Code, nor any other applicable County regulations or resolutions, pertaining to the development and use of property.

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