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1. Pre-Application Conference.

a. Purpose. The purpose of the pre-application conference is to provide an opportunity for the Applicant and the Town to discuss the development proposal to:

(1) The required application(s) and the timing of multiple application submittals (i.e., whether they may be processed concurrently or sequentially);

(2) Provide the Applicant with application materials and inform the Applicant of submittal requirements, including any requirements supplemental to those listed in Appendix A for the type of application;

(3) Obtain a waiver of any application submittal requirements from the Planning Director;

(4) Provide the Applicant with an approximate time frame for the review process;

(5) Discuss compliance with the applicable development standards;

(6) Determine the number and timing of any required neighborhood meetings; and

(7) Refer the Applicant to other departments or agencies to discuss significant issues prior to application submittal.

b. Applicability. Unless waived, a pre-application conference is required for all major applications. The Planning Director may grant a waiver from the requirement for a pre-application conference upon finding that the on-site and off-site impacts of the proposed development are likely to be minimal.

c. Attendance. The Applicant and other Town staff or agency representatives may participate in the pre-application conference.

d. Request for a Pre-Application Conference. To request a pre-application conference, the Applicant shall contact the Planning Department. A general description of the proposed development will be required. Dependent on the complexity of the proposal, additional documentation may be required.

e. Effect of the Pre-Application Conference. The opinions presented during a pre-application conference are informational only and do not represent a commitment on behalf of the Town regarding the acceptability of the development proposal.

f. Timely Application Submittal Required. If a development application is not submitted within 180 days of the pre-application conference, the Applicant shall schedule and attend another pre-application conference before submitting an application.

2. Neighborhood Meetings.

a. Intent and Purpose. To facilitate citizen participation early in the development review process, the Town requires neighborhood meetings between Applicants and citizens of neighborhoods potentially affected by the development proposal.

(1) Applicability. Unless waived, neighborhood meetings are required for all major and minor applications. Administrative applications may require a neighborhood meeting as determined by the Planning Director. The Planning Director may waive a neighborhood meeting if it is determined that the development proposal would not have significant neighborhood impacts. The Director may wait until after the application has been submitted and reviewed to determine if a neighborhood meeting is appropriate based on the anticipated impacts of a development. The Planning Director shall determine the applicability of this subsection to a development proposal at the pre-application conference.

b. Timing and Number of Neighborhood Meetings.

(1) When required, at least one (1) neighborhood meeting shall be held after the pre-application conference, but before submittal of a formal application. At the Planning Director’s discretion, additional pre-application or post-application neighborhood meetings may be required based on consideration of the proposed development’s mix of uses, density, complexity, potential for adverse impacts, or the need for off-site public improvements created by the development.

(2) Applicants’ failure to hold and complete all required neighborhood meetings shall delay review of the application or shall result in an inactive application.

c. Notice of Neighborhood Meeting. The Applicant is responsible for scheduling neighborhood meetings. The Applicant shall give written notice of the neighborhood meeting according to Section 4.5.6. If available and appropriate, the neighborhood meeting should be convened at a place in the vicinity of the proposed development.

d. Content of Neighborhood Meeting. The Applicant or Applicant’s representative shall present a summary of the development proposal and be available to answer questions and receive comments from persons attending the meetings. In the event that no one attends the meeting for which proper notice was given the Applicant shall have satisfied the requirements for that neighborhood meeting.

e. Summary of Neighborhood Meeting. The Applicant shall prepare a written summary of the neighborhood meeting(s). The written summary shall be included in the reports provided to both the Planning Commission and the Board of Trustees. At a minimum, the written summary shall include the following information:

(1) The substance of the comments and questions;

(2) How the Applicant has addressed or intends to address the comments and questions; and

(3) Comments and questions the Applicant is unwilling or unable to address and why.

3. Complete Applications Required.

a. An application shall be considered complete if it is submitted in the required form, includes all submittal information, including all items or exhibits specified during the pre-application conference, and is accompanied by the applicable fees and deposits. In addition, an application shall be considered complete only if the information contained therein is adequate to enable staff to ultimately determine whether the proposed development activity will comply with this Code’s substantive requirements. Only Complete Applications, as set forth in this provision, shall be considered an "application" pursuant to C.R.S. §24.68-101 et seq.

b. Each application will be reviewed for completeness within seven (7) days of the application submittal deadline.

(1) If the application is determined to be complete, the application shall then be processed under this Article. A letter will be sent to the Applicant verifying that the application is complete.

(2) If the application is determined to be incomplete, the application shall then be returned to the Applicant as incomplete with a letter identifying how the application is deficient.

4. Planning Director Authority to Refer Applications to Planning Commission and Board of Trustees.

a. Whenever the Planning Director is authorized to take final action on an application, the Planning Director may instead refer the application to the Planning Commission and Board of Trustees for their review and action, based on the Planning Director’s determination that the proposed development’s complexity, projected impacts, or proximity to conflicting land uses merits such action. The Planning Director may also refer the application to the Planning Commission and the Board of Trustees when there is a disagreement with the Applicant over the applicability of, or compliance with, any design or development standard set forth in this Code.

b. Written notice of such referral shall be sent to the Applicant within seven (7) days of the Planning Director’s decision to refer the application. The application and written notice of the referral shall be sent to the Planning Commission and Board of Trustees according to Section 4.10.7.b below. Appeals of the Board of Trustees decision are taken to the Board of Adjustment pursuant to Section 4.7.7.

5. Concurrent Review.

a. The Applicant may request, subject to the Planning Director’s approval, concurrent processing and review of various development applications.

b. When a final plat or plan is submitted for concurrent review with the preliminary plat or plan, both shall be reviewed according to the preliminary plat or plan approval process (a major application), as outlined in this Article. Additionally, all concurrent plats/plans must meet the review criteria of a final plat or plan. Unless concurrent review is approved, the Town shall not accept applications for final plat or plan approval before preliminary plat or plan application approval.

c. The expected time frame and approval process for a consolidated application shall follow the longest time frame and approval process required from among the application types.

6. Written Notices.

a. All written notices required under this Code shall:

(1) Indicate the time and place of the public hearing, meeting or action;

(2) Describe the property involved by street address, if available, and nearest cross streets;

(3) Describe the nature, scope, and purpose of the application or proposal being advertised;

(4) Indicate that interested parties may appear at a public hearing or meeting and, if applicable, speak on the matter; and

(5) Indicate where additional information can be obtained.

b. The area of notification is dependent on the type of development application as follows:

(1)

Major application

One thousand feet (1000')

(2)

Minor application

Five hundred feet (500')

(3)

Administrative application

Three hundred feet (300')

c. The Planning Director may expand or contract the required notification area in the following circumstances only:

(1) Adjustments may be made so that the boundaries of the notification area coincide with streets or other distinctive physical features, and therefore create a more practical and rational boundary for the notification area.

(2) The Planning Director may contract the required notification area if it is determined that the potential impacts from the proposed development will likely be limited to either the subject parcel or only to immediately adjacent properties.

d. Written notices shall be mailed by:

(1) By U.S.P.S. First Class mail to all property owners within the required notification areas.

(2) By U.S.P.S. First Class mail to all neighborhood associations, organizations, or groups whose defined boundaries lie within required notification areas.

(3) By certified mail return receipt requested or by a nationally recognized overnight courier to all owners of subsurface mineral rights in the subject property as required by C.R.S. § 24-65.5-101 et seq.

e. Written notices to property owners within the specified notification area are required to be sent out no later than fifteen (15) days before the hearing, meeting, or action. The following milestones require written notices to be sent:

(1) Neighborhood meeting

(2) Upon receipt of a complete application

(3) Setting of public meeting/public hearing dates. One notice will be sent notifying both the public meeting and public hearing dates.

f. Written notices to mineral interest owners:

(1) Are required to be sent out no later than thirty (30) days before the initial public hearing.

(2) Require a certification to be submitted verifying that notices were sent no later than thirty (30) days before the initial public hearing. This certification must be submitted to the Planning Department no later than fifteen (15) days before the public hearing.

(3) Fifteen (15) days prior to the Board of Trustees date for a final plat, a certification must be submitted to the Planning Department verifying that notices were sent, a Surface Use Agreement has been recorded, the recordation number of the Surface Use Agreement, and stating how the applicant has complied with State Statute 24.65.5.101 et seq. This certification must include a statement of authority for the signor of the certification.

7. Posted Notification.

a. When the provisions of this Code require that notice be posted on the subject property, the Applicant shall:

(1) Post the notice on weatherproof signs that have been approved by the Town;

(2) Place the signs on the property that is the subject of the application;

(3) Ensure that the signs remain in place and legible during the period leading up to the public hearing or, in the case of minor applications, during the period leading up to the Decision-Making Body’s final action.

b. The size of the sign shall meet the requirements of the Town.

c. Signs shall be placed along each abutting street in a manner that makes them clearly visible to neighboring residents and passers-by. At least one (1) sign shall be posted on each street frontage of the subject property.

d. Applicants shall be responsible for removing the signs after the public hearing or final action.

e. Required timing:

(1) Notices of Application – All such notices shall be posted as soon as reasonably possible after the Town has certified that an application is complete.

(2) Notices of Public Hearing – All such notices shall be posted no later than fifteen (15) days before the hearing.

(3) Upon posting the notification on the property, the Applicant shall certify in writing that required notice was posted according to the requirements of this section. Failure to submit such certification shall postpone Town action on the application. The Applicant shall have until the close of business prior to the date of the postponed or continued hearing to submit the posted notice certification. If the Application fails again to submit the certification, the application shall be considered withdrawn.

8. Published Notice.

a. When the provisions of this Code require that notice be published, the Planning Director shall be responsible for preparing the content of the notice, and shall ensure that notice is published in a newspaper of general circulation. Published notice shall appear in the newspaper no later than fifteen (15) days prior to the hearing or action.

9. Types of Public Notice Required.

a. Unless otherwise expressly provided in this Code, public notice shall be provided as follows:

Table 4.1

Public Notice Requirements 

Type of Application

Notice Required

Written

Published

Posted

Major

Yes

Yes

Yes

Minor

Yes

Yes

Yes

Administrative

Yes

No

Yes

10. Document Recording.

a. The following applications will have mylars recorded with the County Clerk and Recorder:

(1) Annexation

(2) Zoning (original and re-zoning)

(3) Final Plat

(4) Minor Subdivision

(5) Subdivision Amendment

b. The following applications will have a document recorded with the County Clerk and Recorder confirming that approval of a development application that may or may not include conditions of approval:

(1) Sketch Plan

(2) Preliminary Plat

(3) Preliminary Development Plan

(4) Comprehensive Plan Amendment

(5) Final Development Plan