The following procedures shall apply to all development applications which are reviewed under this Article 3.
(a) Step 1: Pre-application conference. A pre-application conference is required for all development applications unless waived by the City Manager. The pre-application conference serves to assist the applicant with: (1) identifying information which must be provided for a complete development application; (2) understanding the development application review process; (3) identifying appropriate referral agencies for review and comment; (4) achieving compliance with development standards, understanding relevant planning issues; and (5) determining appropriate fees. The City Manager may include other City representatives in the pre-application conference as deemed appropriate. The applicant shall provide sufficient information to the City Manager at least five (5) business days prior to a scheduled pre-application conference, unless such time frame is waived by the City Manager. Minimum information shall include applicant information, property description, description of proposed development or nature of development application, and conceptual site plans or drawings which illustrate the nature of the development application. The City Manager may determine that the information provided is insufficient and request additional information. If the applicant fails to provide sufficient information for a pre-application meeting and seeks to proceed with the application process, the City Manager may notify the PZC and the Board of Trustees of the lack of adequate information submitted at the pre-application conference. The City Manager may provide a written letter after the pre-application conference summarizing application submittal requirements, review procedures, development standards, planning issues and required fees. The informal evaluation of the City Manager and staff provided at the pre-application conference are not binding upon the applicant or the City. Critical issues relevant to a development application may not be apparent at the pre-application conference and may require additional review, submissions or studies later in the application process.
(b) Step 2: Application submittal.
(1) Applicant. The owner of real property, or authorized representative of the owner with a properly acknowledged power of attorney, may submit a development application. No development application shall be received for processing or approved, and no application for a building permit shall be granted, when the applicant is in default under any related or unrelated agreement or obligation to the City.
(2) Application submittal requirements. The applicant shall submit the application to the City Manager. Application submittal requirements for every application type shall be established by the City Manager on submittal forms available at the Creede Town Hall. The City Manager may waive submission requirements where appropriate to specific applications; however, the waiver of any submission requirement shall not preclude the PZC or the Board of Trustees from requiring such information where deemed necessary for evaluation of the development application with the applicable review criteria. The minimum submittal requirements for all applications shall include:
a. Completed application form;
b. Owner's signature or an acknowledged power of attorney if the owner has authorized an agent or representative to act as the applicant;
c. Title insurance commitment which has been updated within sixty (60) days of the application submittal along with copies of all documents listed in the exceptions;
d. Legal description of the property subject to the development application;
e. Development application review fees; and
f. Survey for current owner and no more than three (3) years old stamped by a surveyor licensed in the State of Colorado. If property pins have not been maintained in a satisfactory manner or are in question, a new survey may be required.
(3) Required studies and reports. Reports or studies may be necessary to adequately evaluate the development application for compliance with the review criteria. Such reports include but are not limited to: studies of soils, geological hazards, fiscal impacts, market analysis, traffic impacts and/or environmental impacts. The applicant shall furnish the reports or studies needed at the applicant's sole expense. The City may require independent peer review of any report or study provided by the applicant. The applicant and the City may agree to retain a mutually acceptable consultant to prepare a report or study, which cost shall be paid by the applicant. All required reports or studies shall be executed by professionals or other persons qualified to provide the requested reports. The form and content of reports or studies may be established by the City Manager.
(4) Concurrent review permitted. Where multiple development applications concern the same property then the City Manager may permit concurrent review of the development applications for efficiency and practicality.
(5) Fees. Fees shall be paid in accordance with §9-1-100, Fees.
(c) Step 3: Application processing.
(1) Determination of completeness. A development application shall be reviewed for completeness by the City Manager within ten (10) business days after receipt. If the application is determined to not be complete then a written communication shall be promptly provided to the applicant indicating the specific deficiencies in the application. The determination that an application is complete or the failure to determine an application is incomplete within ten (10) days shall not preclude the City from requiring information which is necessary and relevant to evaluate the development application for compliance with the review criteria. A determination by the City Manager that the application is incomplete may be appealed to the Board of Adjustment in accordance with the procedures in §9-3-130, Appeal.
(2) Referral to other agencies. Development applications may be referred to other agencies for review and comment. The City Manager shall attempt to identify appropriate referral agencies and shall consider the comments from referral agencies as part of the staff review and report. The PZC and the Board of Trustees may determine that referral of a development application to an agency for review and comment is appropriate where such referral agencies may provide comments relevant to evaluating the development application for compliance with the review criteria. Referral of development applications to other agencies shall provide a minimum time frame for review and comment of fourteen (14) days for development plans, and twenty-one (21) days for preliminary subdivision, planned unit development, planned unit development amendments, and rezoning; however, the time frame for review and comment may be extended if the development application presents technical issues which require additional review, if additional information is provided by the applicant or the application is modified. Referral agencies may include, but are not limited to:
a. Any utility, local improvement or service district, or ditch company, when applicable;
b. The Colorado Department of Transportation when the proposed development is adjacent to or in sufficient proximity to affect a right-of-way, interchange or other facility;
c. The Colorado Geological Survey for findings and recommendations pertaining to geologic factors, including geologic hazards, mineralized areas, and sand and gravel areas that would have a significant impact on the proposed use of the land; and
d. Any other agency concerned with a matter or area of local interest that could be affected by the application.
(3) Staff review and report. The City Manager shall review the application in accordance with the criteria established in this Chapter and shall prepare written findings of fact. If authorized as the decision-making authority, the City Manager shall inform the applicant in writing of the findings and determination. If not authorized as the decision-making authority, the City Manager shall prepare a recommendation and submit the recommendation and findings to the appropriate review and decision-making authority.
(4) Required processing. Applicants shall be required to continuously and diligently pursue their development applications which shall include responding in a timely manner to staff comments and requests. An applicant which fails to respond to staff comments or requests for a period of three (3) months shall be administratively withdrawn by the City Manager unless the City Manager determines that good cause exists to extend the application time frame and approves such extension in writing.
(d) Step 4: Notice. Notice shall be required for all public hearings conducted by the Planning Commission and Board of Trustees.
(1) Published and posted notice. Notice shall be published in a newspaper of general circulation within the City and posted in the designated official places of posting by the City at least fifteen (15) days prior to the hearing date.
(2) Mailed notice. For procedures that require mailed notice, notice shall be sent by first-class mail to all real property owners within three hundred (300) feet of the property which is the subject of a development application, as measured from the boundary of the property. Mailed notice shall be postmarked at least fifteen (15) days prior to the meeting. Mailed notice shall be sent by the City at the applicant's expense. The Mineral County Assessor's records may be used to determine the addresses of real property owners. The City shall include a certificate of mailing in the public record.
(3) Notice content. Every required form of notice shall state the time and place of the hearing, the name of the applicant, a general description of the subject property indicating its location (which shall be shown by map), a brief summary of the subject matter of the hearing, a description of the proposed development, a statement that the application or information relating to the proposed change or amendment is available in the City Manager's office during regular business hours for review or inspection by the public and a statement that written comments may be submitted to the City. All required notices shall be approved by the City Manager prior to posting or distributing.
(4) Constructive notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed. Any person who appears at a public hearing is deemed to have received constructive notice and waived any grounds to challenge defective notice. If a question arises at the hearing regarding the adequacy of notice, the reviewing or decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Code. When the records of the City document the publication, mailing, and posting of notices as required by this Section, it shall be presumed that notice was given as required by this Section. If the reviewing or decision-making body takes action to continue a hearing to a future specified date, time and location, then constructive notice is deemed to have been provided for such continued hearing date and additional notices shall not be required.
(e) Step 5: Public hearings. The City Manager shall schedule a public hearing date before the PZC and/or Board of Trustees after a complete application has been received, City staff has completed City staff review and referral agencies have had an opportunity to provide comments. The City Manager may delay the scheduling of a public hearing to a subsequent meeting where an agenda of the PZC or Board of Trustees is full. A complete application shall be scheduled for an initial public hearing within seventy-five (75) days after the date that the application is determined to be complete unless the applicant consents to scheduling the public hearing on a later date. The PZC or Board of Trustees may continue a public hearing on its own initiative for a maximum of thirty-five (35) days after the date of the initial public hearing without the consent of the applicant. PZC or Board of Trustees may continue a public hearing for a maximum of ninety-five (95) days with the consent of the applicant. To the extent practical, the City shall strive to combine public hearings and noticing requirements.
(f) Step 6: Review and decision. The following rules shall apply to review, recommendations and decisions conducted at public hearings.
(1) Review criteria. The reviewing authority shall be the City Manager when the City Manager has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or the Board of Trustees for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code as well as the following general criteria which shall apply to all development applications:
a. The development application is complete;
b. The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria;
c. The development application complies with the goals and policies of the Creede Comprehensive Plan; and
d. The demand for public services or infrastructure exceeding current capacity is mitigated by the development application.
(2) Authority to require additional studies. If the reviewing authority finds that the submittal materials are not adequate to evaluate the development against the review criteria, it may require additional studies as necessary. In doing so, the reviewing authority shall indicate the specific consequence(s) or concern(s) for which the standard submittal requirements fail to provide adequate means of evaluation and the data or information needed for proper evaluation. The results of any study or analysis shall not dictate either approval or disapproval of the proposed project.
(3) Findings. The reviewing authority shall adopt written findings which document that a recommendation or decision is based upon a determination of whether the development application complies with the applicable review criteria. The written findings shall state the conditions or mitigation.
(4) Conditions. The reviewing authority may recommend approval, or may approve, a development application with conditions where such conditions are deemed necessary to ensure compliance with the applicable review criteria and the purpose and intent of this Development Code. Conditions shall be in written form and attached to the approved plan, plat or permit. Conditions may include specific time limits for performance of any condition. Conditions may include financial performance guarantees from the applicant where the condition requires improvements for mitigation, where deemed necessary to public health, safety, or welfare, or where deemed necessary to protect adjacent property or public infrastructure. Financial performance guarantees shall be in the form of an agreement which is acceptable to the City and shall be executed by the applicant.
(5) Final decision. A decision by the City Manager or the BOT shall become final unless a written appeal is timely submitted to the City in accordance with §9-3-130, Appeal. The date of the decision shall be the date that the reviewing authority renders a decision. The City shall mail the written findings and notification of decision to the applicant within five (5) working days of the decision of the reviewing authority. The Board of Trustees reserves the authority to render a final decision on all decisions rendered under this Development Code and only a decision of the Board of Trustees may be subject to legal challenge. The failure to timely submit a written appeal of a decision of the City Manager or the BOT shall be deemed to be a waiver of any right to legally challenge such decision.
(g) Minor amendment. The applicant may apply to the City Manager for minor amendments to an approved development application. Minor amendments to an approved development application may be approved, approved with conditions or denied administratively by the City Manager. The City Manager is authorized to approve minor amendments only if the development approval, as so amended, complies with the standards of the Development Code. The City Manager may refer a minor amendment to the decision-making body that was responsible for the original approval if the City Manager determines the amendment may result in a material change to the approved development application. Proposed amendments to an approved development application which are determined by the City Manager to not be a minor amendment shall be reviewed and processed in the same manner as would be required under this Development Code for the original application for which the amendment is sought and shall include full application fees. Minor amendments shall consist of any of the following:
(1) Any change to any permit or other form of approval that was originally subject only to administrative review and was approved by the City Manager, provided such change would not have disqualified the original application from administrative review under this Development Code had it been requested at that time; and provided that the minor amendment does not result in an increase of more than ten percent (10%) in the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project.
(2) Correction of any errors caused by mistakes that do not materially alter the substance of the development plan or plat as represented to the Board of Trustees.
(3) A change to an approved design which results in a five percent (5%) or less increase to lot coverage; access and parking configurations which are less than ten (10) feet; alterations to the landscaping plan or drainage plan which substantially comply with the original approval; and, as are all determined by the City Manager.
(4) Changes to an approved development application which do not result in:
a. An increase in the approved number of dwelling units;
b. An increase in the amount of square footage of a non-residential land use
c. A change in the housing mix or use mix ratio; or
d. A change in the character of the development.
(h) Termination of approval. All development approvals shall expire and become void one (1) year after the date of the approval if a building permit has not been issued prior to the expiration date, except when a different duration is specified in the development approval, a different duration is specified in the specific procedures for the development approval or a request for extension is approved by the reviewing authority which granted the original development approval. The owner shall submit a written request for an extension to the City Manager prior to the expiration date and shall state the reasons and circumstances for such extension request. The City Manager and/or the PZC may provide one (1) extension for a maximum of one (1) year. The Board of Trustees may provide multiple extensions and may provide extensions greater than one (1) year.
(Ord. 395 §3, 2016)