(A) Preapplication conference. Prior to the formal filing of an application for design approval, the applicant should confer with the Department of Community Development to obtain information and guidance. The purpose of such a conference is to permit the applicant and the staff to review informally the proposal before substantial commitments of time and money are made. The Department of Community Development shall indicate on the application form appropriate staff with which the applicant shall confer. Topics of discussion shall include, but not be limited to:
(1) Characteristics of the site and surrounding areas, including its location, significant natural and human-made features with particular attention to natural hazard areas, the size and accessibility of the site, surrounding development and land use, and existing zoning;
(2) The nature of the development proposed, including land use types and their densities; the placement and design of proposed buildings and other improvements of the site, the location, type, and treatment of open space areas, the preservation of natural features, proposed parking areas and internal circulation system, the total ground coverage of paved areas, and structures;
(3) Community policy considerations including the review process and likely conformity of the proposed development with the policies and regulations of the town;
(4) Applicable regulations, review procedures and submission requirements; and
(5) For certain low impact applications, such as, but not limited to, minor remodels, the staff shall assist the applicant in determining applicable regulations and shall specify submission requirements which may be waived.
(B) Conceptual design review.
(1) Submittal requirements. The owner or authorized agent of any project requiring design approval may submit plans for conceptual review by the Design Review Board to the Department of Community Development. The purpose of a conceptual review is to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two-family residences although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten days prior to a scheduled Design Review Board meeting:
(a) A conceptual site and landscape plan at a minimum scale of one inch equals 20 feet;
(b) Conceptual elevations and exterior materials, and a description of the character of the proposed structure or structures;
(c) Sufficient information to show that the proposal complies with the development standards of the zone district in which the project is to be located (i.e., square footage total, site coverage calculations, number of parking spaces and the like);
(d) Application form. If the property is owned in common (condominium association) or located within a development lot, the written approval of the other property owner, owners or applicable owners’ association is required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application is solely for installation of a renewable energy generation device as allowed by C.R.S. § 38-30-168, as amended; and
(e) Planning and Environmental Commission and/or Town Council approval if required.
(2) Staff; Board procedure.
(a) Upon receipt of an application for conceptual design review the Department of Community Development shall review the submitted materials for general compliance with the appropriate requirements of the zoning regulations. If the proposal is in basic compliance with the zoning regulations the project shall be forwarded to the Design Review Board for conceptual review. If the application is not generally in compliance with the zoning regulations the application and submittal materials shall be returned to the applicant with a written explanation of the Department of Community Development’s findings.
(b) The Design Review Board shall review the application and supporting material that has been submitted for a conceptual review in order to determine whether or not the project generally complies with the design guidelines, and forward comments concerning the design to the applicant. No vote of the Design Review Board will be required unless requested by the applicant. The property owner or his or her representative shall be present at the Design Review Board hearing.
(C) Preliminary and final design review.
(1) Material submitted to Administrator. The owner or authorized agent of any project requiring design approval as prescribed by this chapter shall submit for final design approval all of the following material to the Administrator, unless the Administrator determines within five days of a written request for such determination that some of the following material may be excluded:
(a) Survey. A topographic survey representative of existing conditions stamped by a surveyor licensed within the state at a scale of one inch equals 20 feet or larger of the site with contour intervals of not more than two feet. Existing trees or groups of trees having trunks with diameters of four inches or more at one foot above natural grade, rock outcroppings and other significant natural features such as avalanche areas, 100-year floodplain and slopes of 40% or more shall be shown, if applicable. The survey shall include ties to an existing bench mark (either a USGS landmark or sewer invert), property lines showing distances and basis of bearing, and all easements;
(b) Title report. A preliminary title report;
(c) Drainage plan. A drainage plan shall be prepared. For all developments this study shall include a contour map showing all existing and proposed watercourses, including the seasonal course limits of points of departure from the development. An indication of the limits of the 100-year floodplain shall be plotted on the contour map as well as any revised floodplains. The drainage plan shall also indicate the location and types of structures that will be necessary to handle the quantities of water evidenced on the site;
(d) Site plan. A site plan, drawn at a scale of one inch equals 20 feet or larger, showing existing and finished grades, the existing and proposed layout of buildings and other structures including decks, patios, canopies, fences and walls. The site plan shall show the locations of landscaped areas, service areas, storage areas, pedestrian walks, driveways with percent slope and spot elevations, off- street parking and loading areas, all retaining walls with spot elevations, and the proposed elevations of the top of roof ridges. The site plan shall indicate the locations of ingress and egress and the directions of traffic flow into and out of as well as within parking and loading areas, the location of each parking space and loading berth, and areas for turning and maneuvering vehicles. The site plan shall show exact locations of all utilities including existing sources and proposed service lines from sources to the structures. The site plan shall designate proposed limits of construction activity;
(e) Utility verification form. A utility verification form signed by each utility verifying location of service and availability;
(f) Landscape plan. A landscape plan drawn at a scale of one inch equals 20 feet or larger. The landscape plan shall show locations of existing trees or groups of trees having trunks with diameters of four inches or more at one foot above natural grade that are proposed to be removed. Shrubs and other native plants proposed to be removed shall be indicated. The landscape plan shall show trees and other native plants proposed to be retained and methods to be utilized for the purpose of protecting existing vegetation, the location and design of proposed landscaped areas, irrigation systems, the varieties and sizes of plant materials to be planted therein, and the location and design of swimming pool areas, patios, play areas, recreation facilities and other usable open space. The landscape plan shall show the mature canopy of trees and shrubs after 15 years of growth. The landscape plan shall be accompanied by a landscape materials list specifying size and quantity of plant materials and a report of the condition of the existing vegetation upon the site. The landscape plan shall include sufficient detail to provide a reliable basis for estimating the amount of a performance bond guaranteeing installation and maintenance of the improvement if required by the town;
(g) Architectural plans. Preliminary architectural plans drawn at a scale of one-eighth inch equals one foot or larger, including floor plans labeled and drawn in sufficient detail to permit determination of whether all requirements of this title based on floor area will be met. Architectural plans shall include all elevations of proposed structures as they will appear on completion. All elevations shall indicate both existing and finished grades. One or more perspective sketches, a scale model, photographic overlays or other similar techniques shall be submitted, as necessary, to illustrate the overall appearance of the building and site development features in relation to adjacent properties in the neighborhood. All exterior surfacing materials and colors shall be specified, and samples of each, with proposed finish shall be submitted;
(h) Sign regulations compliance. Scale drawings, plans renderings, photographs or other information required by the sign ordinance codified in Title 11 of this code, showing in detail design, materials, and colors and specifying the method of illumination. Locations of proposed signs shall be indicated by a numbering system or other clearly comprehensible system of reference to the site plan prescribed in subsection (C)(1)(d) of this section. Upon request of the Administrator, samples of sign materials shall be submitted;
(i) Erosion and revegetation plan. Erosion control and revegetation landscaping plans.
1. Plan required. In all developments involving two or more acres, an erosion control plan will be required. For developments involving less than two acres, an erosion control plan may be required by the Department of Community Development, based upon conditions of slope and soil stability.
2. Control measures. The erosion control plan shall contain control measures sufficient to prevent the loss by erosion of no more than three tons of soil per acre per year. These standards may be met through the use of physical measures as detention ponds, grassed waterways and filtration galleries, or by nonstructural means.
3. Review of plan. The Department of Community Development shall review and approve all erosion control plans and shall maintain a list of erosion control practices, both structural and nonstructural.
4. Revegetation. Revegetation shall be an integral part of the erosion control plan. Topsoil shall be saved during construction and used for revegetation of disturbed areas.
5. Revegetation landscaping. Such plan shall be required of any applicant proposing to remove or disturb existing vegetation. Potential damage to existing landscaping/vegetation shall be adequate reason for requiring a revegetation plan. At a minimum, plans submitted under this subsection (C) shall include revegetation of land disturbed by development and construction activity. The Department of Community Development shall establish and maintain a list of revegetation best management practices.
6. Additional requirements. In addition to the above requirements, the Department of Community Development may require any or all of the following:
a. Timing of disturbance;
b. Disturbed area controls;
c. Stabilization during disturbance;
d. Monitoring during disturbance;
e. Postdisturbance monitoring;
f. Water quality impact report; and
g. Drainage study.
(j) Stormwater quality permits. Refer to Title 14, Chapter 6, “Grading Standards”, of this code;
(k) Phasing plan. If a project is to be built in phases the applicant shall submit a site plan of the proposed project indicating the location and timing of each phase of the project, areas to be utilized as construction staging areas for each phase, and the limits of construction activity for each phase;
(l) Application form. If the property is owned in common (condominium association) or located within a development lot, the written approval of the other property owner, owners or applicable owners’ association is required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application is solely for installation of a renewable energy generation device as allowed by C.R.S. § 38-30-168, as amended; and
(m) Lighting plan. An outdoor lighting plan shall be submitted separately from the site plan or landscape plan, and shall show the location, the height above grade, the type of illumination (such as incandescent, halogen, high pressure sodium and the like), the source lumens and the luminous area for each light source which is proposed. The applicant shall provide documentation that the lights meet the standards set forth in § 12-11-5 of this chapter. In addition to locating this information graphically on a plan, the applicant shall provide the information on the application form provided by the Department of Community Development.
(2) Staff or Design Review Board procedure. The Department of Community Development shall check all material submitted for design review for compliance with the applicable provisions of the zoning regulations, subdivision regulations and with this subsection (C) (the submittal requirements of this section as outlined above). If the application is found to be in compliance with the applicable provisions of the zoning regulations, subdivision regulations and this subsection (C), the project shall either be placed upon the agenda of the next appropriately scheduled Design Review Board meeting in accordance with the required application submittal deadlines on file in the Department of Community Development, or be reviewed by the Administrator in accordance with subsection (C)(3), “Staff Approval”, of this section. If the application is found not to be in compliance with the applicable provisions of the zoning regulations and this subsection (C), the application and materials shall be returned to the applicant with an explanation of the Administrator’s findings. The Administrator may require any additional items from the applicant as may be necessary for complete and proper design review.
(a) The Administrator or the Design Review Board shall review the application and supporting material, and if the design of the project is found to comply with the objectives and design guidelines of this chapter, the Administrator or the Design Review Board shall approve the design of the project, documenting such approval in writing and noting any conditions of approval. If additional items are needed, as specified herein, to determine whether the project will comply with the purpose statement and design guidelines of this chapter, the Design Review Board may give preliminary approval or table the project until the next regularly scheduled meeting. If the project is tabled or if preliminary approval is given, the Board shall specify the conditions and additional and/or modified materials which must be submitted by the applicant to the Design Review Board or to the Administrator, including any changes in the design of the project. The applicant may also table the application to a future meeting for any reason.
(b) If the project is found to conflict with the design guidelines, the Administrator or the Design Review Board shall disapprove the design of the project. Any disapproval shall be in writing and shall specifically describe the design guidelines with which the design of the project does not comply and the manner of noncompliance.
(c) Following the final review of an application by the Design Review Board at a public meeting, the Design Review Board shall have 30 days to consider and approve or deny an application. The time for action may be extended at the request of the applicant.
(d) If changes in the design of the project are requested, the Design Review Board shall approve, disapprove or request further changes within 30 days of the meeting at which the Design Review Board receives the changes unless an extension is agreed to by the applicant.
(e) The applicant or his or her authorized representative shall be present at the Design Review Board meeting.
(3) Staff approval.
(a) The Administrator may approve any of the following applications:
1. Any application to modify an existing building that does not significantly change the existing planes of the building and is generally consistent with the architectural design, including, but not limited to, exterior building finish materials (e.g., stonework, siding, roof materials, paint or stain), exterior lighting, canopies or awnings, fences, antennas, satellite dishes, windows, skylights, minor commercial facade improvements, and other similar modifications;
2. Any application for an addition to an existing building that is consistent with the architectural design, materials and colors of the building, and approval has been received by an authorized member of a condominium association, if applicable;
3. Any application to remove or modify the existing vegetation or landscaping upon a site; and
4. Any application for site improvements or modifications including, but not limited to, driveway modifications, site grading, site walls, installation of accessory structures or recreational facilities.
(b) In the above specified cases, the Administrator may review and approve the application, approve the application with certain modifications, deny the application, or refer the application to the Design Review Board for decision. All other applications shall be referred to the Design Review Board.
(Ord. 39(1983) § 1; Ord. 12(1988) § 1; Ord. 9(1993) § 6; Ord. 9(1996) § 6; Ord. 24(2000) § 2; Ord. 3(2005) § 1; Ord. 29(2005) § 30; Ord. 27(2016) § 2; Ord. 19(2019) § 5; Ord. 2(2023) § 1)