§ 3.12.4. Effect of approval-vesting of rights.

When a Development Agreement, executed substantially contemporaneously with the approval of a Site Specific Development Plan, provides for the extension of a Vested Right created by Site Specific Development Plan for longer than the three-year vesting period set forth in C.R.S. § 24-68-101 et seq. (see § 3.23 below), the following provisions shall govern:

A.

Rules Prevailing at the Time of Execution. Unless otherwise provided by the Development Agreement, the ordinances, rules, regulations, and official policies applicable to development of the subject property and governing the following areas: (1) permitted uses of the land, (2) density, and (3) design, improvement, and construction standards and specifications, shall be those ordinances, rules, regulations, and official policies in force at the time of execution of the Development Agreement notwithstanding the provisions of C.R.S. § 24-68-102.5 to the contrary.

B.

Subsequently Enacted Regulations—General Rule and Exceptions.

1.

General Rule. Ordinances, rules, regulations, and official policies that govern permitted uses of the land, density, and design, improvement, and construction standards and specifications, and that are enacted subsequent to execution of the Development Agreement, shall not be enforced against the subject property.

2.

Exceptions. Notwithstanding paragraph B.1. above, a Development Agreement shall not prevent the City, in subsequent actions, from applying any of the following to the subject property:

a.

New ordinances, rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the subject property as set forth in the Development Agreement;

b.

New ordinances, rules, regulations, and policies that are specifically anticipated and provided for in the Development Agreement; or

c.

New ordinances, rules, regulations, and policies that are necessary for the immediate preservation of the public health and safety.

C.

To the extent that a Development Agreement grants Early Vested Rights, the provisions of this § 3.12.4 shall not apply. (See § 3.23.11 for applicable provisions.)