This Section implements and sets forth procedures for the regulation of the location, character and extent of public facilities as provided by C.R.S., §31-23-209, Legal Status of Official Plan, as amended. It is the intent of this Section to conform to the provisions of C.R.S. §31-23-209, to define the factors to be considered in the "Location, Character and Extent" process, and to prescribe procedures for the orderly consideration of Location, Character and Extent applications in order to effectuate the purposes of the state statute.
(a) Applicability. No road, park, public way, ground, or space, no public building or structure, and no major facility of a public utility shall be constructed or authorized, and no building permit for the same shall be issued, in the City unless and until the proposed location, character and extent thereof has been submitted to and approved by the City. Routine extensions of public utility lines and minor modifications to existing facilities shall not be subject to this procedure.
(b) Review procedures. Applications for location, character and extent shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for location, character and extent may be initiated by the owner or the governmental body having jurisdiction over the public facility. Applications for location, character and extent may be combined with other applications procedures and submittal requirements, including but not limited to development plan, design review and subdivision. The failure of the PZC and the Board of Trustees to act within sixty (60) days from and after the date of official submission of a complete application to the City shall be deemed approval of such application.
(c) Review authority. The PZC shall review applications for location, character and extent after conducting a public hearing. The PZC may approve, approve with conditions or deny an application for location, character and extent. In case of disapproval or approval with conditions which are not acceptable to the applicant, the PZC shall communicate its reasons to the Board of Trustees. The Board of Trustees shall review such decision of the PZC as soon as practical after conducting a public hearing and shall have the power to overrule or modify such decision by a majority vote. The public hearing by the Board of Trustees shall require posted notice no less than thirty (30) days prior to the hearing. If the public way, ground space, building, structure, or utility is one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the municipal governing body, the submission to the PZC shall be by the governmental body having jurisdiction. The decision by the Board of Trustees to disapprove, or approve with conditions which are not acceptable to the governmental body having jurisdiction, may be overruled by said governmental body by a vote of not less than two-thirds of its membership.
(d) Review criteria. The PZC and the Board of Trustees shall use the following review criteria as the basis for recommendations and decisions on applications for location, character and extent:
(1) Evidence of substantial compliance with the purpose of the Development Code;
(2) Consistency with the Creede Comprehensive Plan;
(3) Physical suitability of the land for the public way, place, structure, facility or utility;
(4) Compatibility with surrounding land uses; and
(5) Adequate mitigation of adverse impact on nearby properties or neighborhoods, including by not limited to traffic, noise, odors, vibrations, and property values.
(Ord. 395 §3, 2016)