6.1.1. Purpose. This article describes the procedures for review of all applications for land use and development in the Town of Buena Vista. This article is intended to ensure the consistent and efficient administration of the UDC and any applicable regulations.

(Ord. 4 §68, 2025)

The following table summarizes the procedures for review and approval of applications for land use and development activity in the Town of Buena Vista. Not all review and approval procedures are addressed in this table; see subsequent sections of this article for information on other procedures.

Table 6.1: Summary of Review Procedures

KEY:
 R = Review and Recommendation
 D = Review and Decision
 A = Appeal
 [R] or [D] = Public Hearing Required
 <R> = Public Meeting

6.2.1. Organization of this Article.

A.

Section 6.2, Summary of Review Procedures, lists the zoning and subdivision approval procedures in this UDC and identifies the applicable review and approval authorities.

B.

Section 6.3, Common Review Procedures, describes standard procedures that are applicable to most types of development procedures.

C.

Section 6.4, Zoning and UDC Amendments, describes additional procedures unique to each type of ordinance amendment including rezoning, rezoning to Planned Unit Development, and UDC amendments. This section should be administered in conjunction with 6.3.

D.

Section 6.5, Site Plan and Development Permits, describes additional procedures unique to each type of development permit or approval procedures application including site plan review (administrative and major), special use permits, and temporary use permits. This section should be administered in conjunction with 6.3.

E.

Section 6.6, Subdivision, describes additional procedures unique to each type of subdivision approval procedure, including minor subdivisions, sketch plans, preliminary plats, final plats, condominiumization, and vacations of right-of-way or easements. This section should be administered in conjunction with 6.3.

F.

Section 6.7, Adjustments, Vesting, and Appeals, describes additional procedures unique to administrative adjustments, variances, vested rights, and appeal procedures. This section should be administered in conjunction with 6.3.

(Ord. 08 §11, 2025; Ord. 14 §2, 2025)

The common review procedures apply to all types of development applications in this Article 16.06: Review Procedures, unless an exception to the common procedures is expressly identified elsewhere in this article. Common review procedures include six (6) steps (see Figure 6.A) and are detailed in the Development and Infrastructure Manual, not all of which may be applicable to each type of development application. Application specific procedures in Sections 6.4 through 6.7 identify additional procedures and rules that apply in addition to those in this section.

6.3.1. Step One: Pre-Application Conference.

A.

Purpose. The pre-application conference is intended to provide an opportunity for the applicant to meet with Town staff to discuss submittal requirements, procedures for approval, and timeframes for approval of an application. The conference also allows staff to convey any details regarding potential impacts of the proposed project.

B.

When Required. Pre-application conferences are required as indicated in Table 6.1, Summary of Review Procedures.

C.

Procedure. Pre-application conferences shall be scheduled pursuant to the following procedures.

1.

Request and Required Information. The applicant shall submit a request for a pre-application conference to the Town Administrator on a form approved by the Town Administrator.

2.

Scheduling. The Town Administrator shall schedule pre-application conferences and notify appropriate departments, agencies, consultants, and the applicant of the time and location of the conference.

3.

Conference Determinations. Staff attending the pre-application conference shall identify concerns or factors that the application should consider during the project as they relate to this UDC. Staff shall also identify additional approvals necessary for the proposed project, such as variances and/or administrative adjustments.

D.

Effect of Pre-Application Conference. Any information provided in discussions held as part of the pre-application conference shall not be binding on the Town or applicant and is not intended to be all-inclusive or a guarantee of approval. Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body until and unless a decision-making body takes formal action to attach that condition to a development approval.

6.3.2. Step Two: Application Submittal, Acceptance, Revision, Withdrawal and Neighborhood Meeting.

A.

Authority to Submit Application.

1.

Unless expressly stated otherwise in this UDC, a development application shall be submitted by:

a.

The owner, contract purchaser (with proof of contract), or other person having a recognized property interest in the land on which development is proposed; or

b.

A person authorized to submit the application on behalf of the owner, contract purchaser, or other person having a recognized property interest in the land, as evidenced by a letter or document signed by the owner, contract purchaser, or other person.

2.

If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign the application or a letter or document consenting to the application.

B.

Application Content.

1.

The application shall be submitted to the Town Administrator on a form approved by the Town Administrator.

2.

The applicant bears the burden of ensuring that an application contains sufficient information and supporting documents to demonstrate compliance with application requirements and any other request made by the Town Administrator, Staff, Town departments, Town boards or commissions, Town consultants, utility companies, and public agencies.

3.

Applications including substantially different information, as determined by the Town Administrator in its sole discretion, than what was discussed during the pre-application conference may require additional revisions and/or meetings prior to accepting the application.

C.

Application Fees.

1.

Application fees shall be paid at time of submittal according to the type of application and the Town of Buena Vista fee schedule. Fees shall be established by resolution by the Board of Trustees and reviewed annually. Applications will not be processed until fees are paid in full.

2.

If the Town Administrator determines that additional funds are needed to complete the application review, including retention of outside professional services, the Town Administrator may impose additional application fees to recover the Town's actual costs in completing review.

3.

If the fees paid are greater than actual costs, the applicant shall be reimbursed the additional fees less actual costs.

4.

If the Town incurs costs beyond the amount deposited with the Town and the applicant does not pay those costs within thirty (30) days after written notice from the Town, such costs shall be a lien upon the property, and the Town reserves the right to stop work on a project and/or withhold approvals.

D.

Determination of Application Completeness. The Town Administrator shall determine whether the application is complete or incomplete. The Town Administrator shall provide written notification of the determination of application completeness.

1.

Complete Applications. A complete application shall be processed for review according to the procedures in this UDC and the Development and Infrastructure Manual.

2.

Incomplete Applications. An incomplete application shall not be processed or reviewed. The Town Administrator shall provide written notice of the submittal deficiencies. The applicant may correct the deficiencies and resubmit the application for determination of application completeness. An incomplete application that is not resubmitted within one hundred eighty (180) days of written notice from the Town Administrator shall be considered abandoned.

E.

Minor Application Revisions.

1.

An applicant may revise an application after receiving notice of compliance deficiencies following staff review according to Section 6.3.3, or on requesting and receiving permission from an advisory or decision-making body after that body has reviewed, but not yet taken action on, the application.

2.

Revisions shall be limited to changes that directly respond to specific requests or suggestions made by staff or the advisory or decision-making body, as long as they constitute only minor additions, deletions, or corrections and do not include significant substantive changes to the development proposed in the application, as determined by the Town Administrator in its sole discretion.

3.

All other application revisions shall be processed as a new application per this Section 6.3.2.

F.

Application Withdrawal.

1.

After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Town Administrator.

2.

If an application is withdrawn after required notice of any scheduled public hearing, the application shall be subject to limitations on the subsequent submittal of similar applications (See Section 6.3.6, Step Six: Post-Decision Actions and Limitations).

3.

An applicant is not entitled to a refund of application fees for withdrawn applications. However, the Town Administrator may refund fees not expended during the first round of staff review pursuant to Section 6.3.2.C.

G.

Reserved.

H.

Neighborhood Meeting. Should a neighborhood meeting be required, the applicant is responsible for the following tasks:

1.

Organizing and holding a neighborhood meeting to take place at a location pre-approved by the Planning Department. Staff may attend the neighborhood meeting.

2.

Posting and mailing notice of the neighborhood meeting pursuant to Section 6.3.4 fifteen (15) days prior to the meeting.

3.

Within five (5) business days after the meeting, submitting a community participation report to the Planning Department. This report shall include at a minimum, a synopsis of the proposed development and detailed feedback from the community. Each concern provided by the community must be addressed with a written accompaniment as to how it is addressed in the proposed development. Concerns that are not able to be addressed within the proposed development must be explained in the report and details provided why these concerns cannot be addressed. Staff shall include the report in the materials prepared for administrative, Planning and Zoning Commission or Board of Trustees review or action.

4.

If the report is not provided within five (5) business days after the neighborhood meeting, the applicant shall hold another neighborhood meeting and provide separate documentation from all previous meetings within its community participation report.

6.3.3. Step Three: Staff Review and Action.

A.

Refer Application to DRT and Review Agencies. The Town Administrator shall distribute the complete application to the DRT, which includes Town departments and consultants, as well as to external review agencies pursuant to the Development and Infrastructure Manual.

B.

DRT Review and Application Revisions. The DRT shall review the application and submit recommendations and comments to the applicant in a form established by the Town Administrator. The applicant shall resubmit as appropriate.

C.

Applications Subject to Staff Recommendation.

1.

Staff Report. If an application is subject to staff review and recommendation to another decision-making body per Table 6.1, staff shall prepare a written staff report. The staff report shall state whether or not the application complies with all UDC requirements and may include a recommendation for a decision by the authorized decision-making body. The staff report may also recommend how noted deficiencies could be corrected and/or negative impacts mitigated.

2.

Distribution and Availability of Application and Staff Report. Within a reasonable time period before a meeting or hearing at which a development application is scheduled for review by an advisory or decision-making body, the Town Administrator shall submit a copy of the staff report to the applicant and advisory or decision-making body, and shall make the staff report and all related materials available for public review.

D.

Applications Subject to Staff Decision.

1.

Decision.

a.

If an application is subject to staff review and a final decision by the Town Administrator per Table 6.1, the Town Administrator shall make a decision based on the review standards applicable to the application type. The decision shall be in writing and shall clearly state reasons for a denial or for conditions of approval, if any.

b.

Following any decision by the Town Administrator, the Town Administrator shall provide written notification of such decision to the Planning and Zoning Commission and Board of Trustees at the next regularly scheduled meeting or within the Town's monthly report.

2.

Conditions of Approval. Any conditions of approval shall be limited to conditions deemed necessary to ensure compliance with the requirements of this UDC, and shall relate to the anticipated impacts of the proposed development.

6.3.4. Step Four: Scheduling and Notice of Public Hearings.

A.

Scheduling. If an application is subject to a public hearing per Table 6.1: Summary of Review Procedures, the Town Administrator shall schedule the public hearing for either a regularly scheduled meeting or special meeting of the appropriate decision-making body.

B.

Notice.

1.

General Notice Requirements. All public hearings required by this UDC shall be preceded by notices identified in Table 6.2, below.

Table 6.2: Notice Requirements

2.

Notice Responsibilities. The Town shall be responsible for the accuracy of public notice materials and proper publication of the public hearing. The applicant shall be responsible for the mailing and posting of notice of the public hearing. All public notice materials prepared by the applicant must be in accordance with Town notice templates and materials must be approved by the Town prior to mailing or posting. A signed and notarized affidavit of compliance must be submitted to the Town prior to any public hearing. Failure to provide the affidavit of compliance will result in continuation of the public hearing. The applicant shall bear all costs incurred giving notice of the public hearing. Any costs incurred by the Town shall be paid to the Town prior to the final public hearing on the application.

3.

Notice Format and Content.

a.

Published and Mailed Notice.

i.

A notice for any application requiring published or mailed notice per Table 6.2 shall:

(a)

Identify the application type;

(b)

Describe the nature and scope of the proposed project;

(c)

Identify the location of land subject to the application;

(d)

Identify the date, time, and location of the hearing being noticed;

(e)

Identify where and when the application and materials may be inspected; and

(f)

Indicate opportunity to appear at the public hearing.

ii.

Published notice shall appear in a newspaper of general circulation in the Town at least fifteen (15) days prior to the scheduled public hearing.

iii.

At least fifteen (15) days prior to the scheduled public hearing, mailed notices shall be sent via first class mail to all property owners within three hundred (300) feet of the subject property, as measured from subject property boundaries, and a copy of the notice and list of recipients of the mailed notice sent to the Buena Vista Planning Department.

b.

Posted Notice.

i.

For an application requiring posted notice per Table 6.2, the applicant shall post at least one (1) sign, prepared by the Town, on the parcel at least fifteen (15) days prior to the scheduled hearing. The sign shall be clearly visible from the most heavily traveled adjacent street or public right-of-way and shall remain on the property until after the hearing.

ii.

The Town Administrator may require additional signs based on access and configuration of the property.

iii.

Required posted notice shall:

(a)

Identify the application type;

(b)

Describe the nature and scope of the proposed project;

(c)

Identify the date, time, and location of the hearing being noticed; and

(d)

Identify a telephone number for additional information.

4.

Notice to Mineral Estate Owners and Lessees. The applicant shall provide notice by certified mail, return receipt requested, to all mineral estate owners and lessees on the subject property for development applications in accordance with C.R.S. § 24-65.5-103. Such notice shall be provided not less than thirty (30) days prior to the initial public hearing, or not less than thirty (30) days prior to the final decision if the application does not require a public hearing. The burden of determining mineral estate owners and lessees shall be entirely on the applicant.

5.

Certification of Notice. The Town shall provide a certification at least seven (7) days prior to the scheduled public hearing that notice has been provided in accordance with this Section 6.3.4, in a format approved by the Town Administrator.

6.

Request to Defer Scheduled Hearings. An applicant may request that review of an application scheduled for a public hearing be deferred in accordance with the following provisions.

a.

Before any notice is published, mailed, or posted, a written request for deferral that states the reasons for deferral shall be submitted to the Town Administrator, who may grant the request for good cause shown.

b.

Any request for deferral after notice has been issued shall be in writing, state the reasons for deferral, and be submitted directly to the body scheduled to review the application. The appropriate body shall consider such a request and may either grant or deny the request and proceed to hear public comments, review, and take action on the application. If the body grants the request for deferral, it shall concurrently identify the date and time of a subsequent meeting at which the application shall be scheduled for public comments and review. The application may be subject to additional application fees to defray additional costs of processing the application.

7.

Constructive Notice.

a.

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 correctly conveyed.

b.

Failure of a party to receive written notice shall not invalidate subsequent action. If questions arise at the public hearing regarding the adequacy of notice, the decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this UDC.

6.3.5. Step Five: Planning and Zoning Commission and/or Board of Trustees Review and Decision.

A.

Hearing, Review, and Decision.

1.

The application shall be subject to review, hearings, recommendations, and decisions as indicated in Table 6.1: Summary of Review Procedures.

2.

If the application is subject to a public hearing, the applicable decision-making body shall hold a public hearing on the application in accordance with this UDC, bylaws of the respective decision-making bodies, and state law.

3.

The applicable decision-making body shall consider the application, relevant support materials, staff report, and any evidence and public comments from the public hearing (if required).

4.

The burden to demonstrate the application's compliance with all applicable review criteria shall rest with the applicant.

5.

The applicable decision-making body shall approve, approve with conditions, or deny the application based on applicable approval criteria.

6.

If the review involves a quasi-judicial hearing, the recommendation or decision shall:

a.

Be based only on the record of the public hearing, staff report, and application materials and shall be in writing;

b.

Include findings of fact based on competent, material, and substantial evidence presented at the hearing;

c.

Reflect the determination of contested facts; and

d.

State how the findings support compliance with applicable review standards.

7.

Unless otherwise provided in this UDC, all representations by the applicant in the submittal materials or during the public hearing shall be binding on the applicant as part of the application.

8.

The applicable decision-making body shall clearly state the factors considered in making its recommendation or decision, as well as the basis or rationale for the recommendation or decision.

B.

Conditions of Approval. Where this UDC authorizes a decision-making body to approve or deny an application subject to applicable criteria, the decision-making body may approve the application with conditions necessary to bring the proposed development into compliance with this UDC or other regulations, or to mitigate the impacts of that development on surrounding properties and/or public rights-of-way.

6.3.6. Step Six: Post-Decision Actions and Limitations.

A.

Notice of Decision.

1.

Within thirty (30) days after a final decision on an application, the Town Administrator shall provide written notification of the decision via personal delivery, electronic mail, or first-class mail to the applicant and make a copy of the decision available to the public.

2.

If the review involves a quasi-judicial hearing, the Town Administrator shall, in addition to paragraph 1 above, within ten (10) days after a final decision on the application provide a written notification of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of the subject site, and any other person that submitted a written request for a copy of the decision.

B.

Appeal.

1.

A party aggrieved or adversely affected by any decision by the Board of Trustees may seek review of the decision in the courts in accordance with applicable state law.

2.

A party aggrieved by other final decisions may appeal the decision in accordance with the procedures and standards in Section 6.7.4, Appeal.

C.

Expiration of Approval.

1.

An application approval shall be valid as authorization for the approved activity unless it expires in accordance with expiration time periods provided in this UDC for the particular type of application.

2.

A change in ownership of the land shall not affect the established expiration time period of an approval.

3.

The Town may grant one (1) extension of the expiration time period for up to one (1) year, following a written request for such extension prior to the expiration date. The request shall include reasonable cause for an extension. Further extensions may be permitted if expressly allowed in specific application procedures in this UDC and shall be subject to the approval of the decision-making body for the original application.

D.

Modification or Amendment of Approval. Unless otherwise provided in this UDC, any modification of an approved plan, permit, or condition of approval shall require a new application submitted and reviewed in accordance with the procedures applicable to that type of application.

E.

Limitation on Subsequent Similar Applications.

1.

Following denial of an application, the decision-making body shall not decide on applications that are the same or substantially similar within one (1) year of the previous denial. This waiting period may be waived by the Town Administrator provided that the applicant adequately demonstrates:

a.

There is a substantial change to circumstances, or new information available, relevant to the issues or facts considered during the previous application review; or

b.

The new application is materially different from the previous application.

2.

Should the waiting period be waived by the Town Administrator, information demonstrating compliance with the above criteria shall be provided to the applicable decision-making body with the staff report and supporting application review materials.

(Ord. 3 §10, 2020; Ord. 4 §§69—76, 2025; Ord. 08 §§7, 8, 12, 2025; Ord. 12 §§13, 14, 2025; Ord. 14 §§3, 6, 2025)

6.4.1. Rezoning.

A.

Purpose.

1.

The rezoning procedure provides a process to make amendments to the Official Zoning Map of the Town of Buena Vista to reflect changes in public policy, changed conditions, or to advance the welfare of the Town. The zoning classification of any parcel in the Town may be amended using this procedure. The purpose is neither to relieve particular hardships nor to confer special privileges or rights on any person. The rezoning procedure shall not be used when a special use permit, variance, or administrative adjustment could be used to achieve the same result.

2.

Changes to the characteristics of zoning districts (such as setbacks) and development standards that apply within districts (such as parking requirements) shall be processed as Unified Development Code amendments pursuant to Section 6.4.3, Unified Development Code Amendment.

B.

Applicability. A rezoning may be approved by the Board of Trustees following review and recommendation by the Planning and Zoning Commission. Rezoning to a Planned Unit Development requires a distinct type of amendment to the Official Zoning Map and shall follow the procedures in Section 6.4.2.

C.

Rezoning Procedure. Figure 6.B identifies the applicable steps from the common review procedures in 6.3 that apply to the review of rezoning applications. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal.

a.

The rezoning application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2.

b.

Single, coordinated applications are encouraged for rezoning proposals on multiple parcels with similar impacts and requests. Separate applications for each property may be required if the Town Administrator makes such determination during the pre-application conference.

3.

Staff Review and Action. Staff shall review the application and prepare a staff report and recommendation pursuant to Section 6.3.3.

4.

Scheduling and Notice of Public Hearings. The rezoning application shall be scheduled for public hearings before the Planning and Zoning Commission and Board of Trustees, and noticed pursuant to Section 6.3.4.

5.

Planning and Zoning Commission and/or Board of Trustees Review and Decisions.

a.

Planning and Zoning Commission Review and Recommendation.

i.

The Planning and Zoning Commission shall review the rezoning application and recommend approval, approval with conditions, or denial in accordance with Section 6.3.5 and the criteria in subsection c, below.

ii.

Any conditions of approval shall be limited to minor technical conditions for the approval ordinance and shall not include conditions that must be met by the applicant in order to approve the rezoning.

b.

Board of Trustees Review and Decision. The Board of Trustees shall review the rezoning application and approve or deny the rezoning pursuant to Section 6.3.5 and the criteria in subsection c, below.

c.

Rezoning Approval Criteria.

i.

In reviewing a proposed rezoning, the Planning and Zoning Commission and Board of Trustees shall consider whether the proposed rezoning complies with at least one (1) of the following criteria:

(a)

The proposed rezoning is consistent with the Comprehensive Plan and the purposes of this UDC; or

(b)

The rezoning is consistent with the purpose statement of the proposed zoning district; or

(c)

There have been significant changes in the area to warrant a zoning change; or

(d)

There was an error in establishing the current zoning.

ii.

Additionally, the Planning and Zoning Commission and Board of Trustees shall consider whether the proposed rezoning complies with each of the following criteria:

(a)

The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood; and

(b)

Public facilities and services are available to adequately serve the subject property while maintaining an adequate level of service to existing development, including, but not limited to, public water supply, infrastructure, and water supply available, pursuant to subsection 16.04.4.8.1, to serve development that is likely to occur in the proposed new zone district.

d.

Protest Procedure.

i.

Any person affected by a proposed rezoning may protest the rezoning pursuant to the statutory requirements of C.R.S. §31-23-305, as amended.

ii.

A protest against a rezoning shall be submitted to the Town Clerk up to twenty-four (24) hours prior to a scheduled public hearing. Such protest shall be signed by the owners of at least twenty percent (20%) of the area of the lots included in the proposed zoning change boundaries or at least twenty percent (20%) of the lots adjacent to the subject property.

iii.

If a rezoning protest is submitted, approval of the proposed rezoning shall require at least two-thirds (⅔) of the membership of the Board of Trustees.

6.

Post-Decision Actions and Limitations. Post-decision actions and limitations in Section 6.3.6 shall apply with the following additions or modifications:

a.

Following approval of a rezoning, the Town Administrator shall prepare an appropriate revision to the Official Zoning Map.

b.

Following approval of a rezoning, the Town Administrator shall record the amendment map and ordinance with the Chaffee County Clerk and Recorder as soon as practicable.

6.4.2. Rezoning to a Planned Unit Development (PUD).

A.

Purpose. The purpose of rezoning to a PUD is to achieve greater flexibility than allowed by the strict application of the UDC while providing greater benefit to the Town. The PUD procedure shall not be used when a special use permit, variance, or administrative adjustment could achieve a similar result.

B.

Applicability. The boundaries of a zoning district or the zoning classification of any parcel may be changed to a Planned Unit Development (PUD) pursuant to this section. An application to rezone to a PUD may be submitted for any land within any combination of zoning districts. A PUD may be initiated by an individual or group of individuals owning at least fifty percent (50%) of the land within the proposed PUD area.

C.

Planned Unit Development Procedure. Figure 6.C identifies the applicable steps from the common review procedures in 6.3 that apply to the review of rezoning to PUD applications. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1. In addition, the application shall provide the following materials to help determine whether or not a PUD is the appropriate procedure for the applicant and the Town:

a.

Proposed uses;

b.

Number and type of dwelling units;

c.

Proposed parking capacity and configuration; and

d.

General site planning layout (including project size (in acres)) and phasing.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal.

a.

The PUD application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2.

b.

A PUD application shall include a PUD concept plan prepared to the specifications of the requirements of the site plan/subdivision submittal standards in Development and Infrastructure Manual. Approval of the PUD concept plan is required prior to development in a PUD district.

c.

The regulations of this UDC remain applicable to all PUD development, except as specifically modified pursuant to the provisions contained in the approved PUD concept plan.

3.

Staff Review and Action. Staff shall review the PUD application and prepare a staff report and recommendation pursuant to Section 6.3.3.

4.

Scheduling and Notice of Public Hearings. The PUD application shall be scheduled for public hearings before the Planning and Zoning Commission and Board of Trustees, and noticed pursuant to Section 6.3.4.

5.

Planning and Zoning Commission and/or Board of Trustees Review and Decisions.

a.

Planning and Zoning Commission Review and Recommendation. The Planning and Zoning Commission shall review the PUD application and recommend approval, approval with conditions, or denial in accordance with Section 6.3.5 and the criteria in subsection c, below.

b.

Board of Trustees Review and Decision. The Board of Trustees shall review the PUD application and approve, approve with conditions, or deny the PUD pursuant to Section 6.3.5 and the criteria in subsection c, below.

c.

PUD Approval Criteria. In reviewing a proposed PUD and associated PUD concept plan, the Planning and Zoning Commission and Board of Trustees shall consider whether:

i.

The PUD meets the criteria for a general rezoning pursuant to Section 6.4.1.C.5.c;

ii.

The PUD is in general conformance with the Comprehensive Plan;

iii.

The PUD does not include areas with incompatible land uses;

iv.

The PUD addresses a unique situation, provides substantial benefit to the Town, or incorporates creative design, site layout, or configuration such that it achieves a higher quality than what could be accomplished through strict application of this UDC;

v.

The PUD provides adequate common open space in terms of location, area, and type or provides the fee-in-lieu for parks and/or open space;

vi.

The PUD provides optimum preservation of the natural features of the terrain;

vii.

Exceptions for utilities, storm drainage, sewage collection and treatment and water supply and distribution are expressly prohibited;

viii.

The PUD, if providing residential uses, includes varied housing types and densities; and

ix.

The PUD meets all applicable standards of this UDC not expressly modified in the PUD application.

6.

Post-Decision Actions and Limitations. Post-decision actions and limitations for a general rezoning in Section 6.4.1.C.6 shall apply to PUD applications, including the following additions or modifications:

a.

Effect of Approval. The approval of a PUD shall be inseparable from a PUD concept plan.

b.

Recording Required. Following approval of a PUD, the applicant shall submit final copies of the PUD concept plan to the Town Administrator with applicable recording fee. The Town Administrator shall record the PUD concept plan and the zoning amendment map and ordinance with the Chaffee County Clerk and Recorder as soon as practicable. A list of approved PUDs and associated PUD concept plans shall be maintained by the Town Administrator.

c.

Enforcement. All provisions of an approved PUD concept plan run in favor of the residents, occupants, and owners of the PUD, but only to the extent expressly provided in the plan. The provisions, whether recorded by plat, easement, or otherwise, may be enforced by law or in equity by such residents, occupants, or owners acting individually, jointly or through an organization designated in the PUD concept plan to act on their behalf.

d.

Modifications to an Existing PUD

i.

Except for minor amendments, an approved PUD may only be amended by submitting an amended PUD pursuant to Section 6.3.6.D.

ii.

Minor amendments to an approved PUD may be approved by the Town Administrator if the proposed amendment complies with the following:

(a)

The amendment shall not change the overall character or intent of the development.

(b)

The amendment shall not change the ratio of residential units to square feet of non-residential area by more than ten percent (10%).

(c)

The amendment shall not change the allowed uses listed on the approved PUD concept plan, unless such use is unlisted in the UDC and the Town Administrator deems the use to be similar to another use type allowed in the PUD concept plan.

(d)

The number of residential units to be constructed shall not be increased by more than ten percent (10%).

(e)

The gross square feet of non-residential area shall not be increased by more than ten percent (10%).

(f)

The maximum allowable height of structures shall not be increased.

(g)

The setback distance to property lines shall not be reduced by more than ten percent (10%).

(h)

The number of required parking spaces shall not be reduced by more than ten percent (10%) unless in accordance with an overall reduction in the required parking based on number of residential units or square feet of non-residential area.

e.

Concurrent Subdivision Review.

i.

Subdivision review required under Section 6.6 may be reviewed concurrently with PUDs. A preliminary plat for a PUD shall only be approved following approval of the rezoning to PUD with associated PUD concept plan.

ii.

Each application for concurrent subdivision and PUD rezoning shall be reviewed and acted upon separately, based on the applicable standards and criteria in this UDC.

6.4.3. Unified Development Code Amendment.

A.

Purpose. This section describes the review and approval procedures for amending the text of this UDC to respond to changes in public policy or changed conditions.

B.

Applicability. Amendments to the UDC shall be initiated by the Town Administrator, the Planning and Zoning Commission, or the Board of Trustees. Minor editorial changes that are not substantive and that clarify grammatical or typographical errors may be incorporated into the UDC by the Town Administrator. Such changes shall be memorialized by administrative resolution and report to the Board of Trustees quarterly.

C.

Unified Development Code Amendment Procedure. Figure 6.D identifies the applicable steps from the common review procedures in 6.3 that apply to the review of UDC amendments. Additions or modifications to the common review procedures are noted below.

1.

Application Submittal, Acceptance, Revisions, and Withdrawal.

a.

The UDC amendment application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2.

b.

An application for an amendment to the UDC shall be prepared by the Town Administrator. If the amendment is initiated by the Planning and Zoning Commission or the Board of Trustees, then the Town Administrator shall prepare the application at their request.

2.

Staff Review and Action. Staff shall prepare a staff report and recommendation pursuant to Section 6.3.3.

3.

Scheduling and Notice of Public Hearings. The UDC amendment application shall be scheduled for public hearings before the Planning and Zoning Commission and the Board of Trustees, and noticed pursuant to Section 6.3.4.

4.

Planning and Zoning Commission and/or Board of Trustees Review and Decisions.

a.

Planning and Zoning Commission Review and Recommendation. The Planning and Zoning Commission shall review the UDC amendment application and recommend approval, approval with conditions, or denial pursuant to Section 6.3.5.

b.

Board of Trustees Review and Decision. The Board of Trustees shall review the UDC amendment application and approve, approve with conditions, or deny the amendment pursuant to Section 6.3.5. The Board of Trustees may also remand the application back to the Town Administrator or the Planning and Zoning Commission for further consideration. If the Board of Trustees revises the amendment or remands the application back to the Town Administrator or the Planning and Zoning Commission, additional public hearings may be required before final adoption.

c.

UDC Amendment Approval Criteria. A UDC amendment is a legislative decision by the Board of Trustees. Prior to recommending approval or approving a proposed UDC amendment, the Planning and Zoning Commission and the Board of Trustees shall consider whether and to what extent the proposed amendment:

i.

Is consistent with the Comprehensive Plan;

ii.

Does not conflict with other provisions of the UDC or Town Code;

iii.

Is necessary to address a demonstrated community need;

iv.

Is necessary to respond to changing policy or conditions;

v.

Is consistent with the purpose and intent of the zoning districts in the UDC, would improve compatibility among land uses, or would result in an orderly and logical development pattern; and

vi.

Would not result in significantly adverse impacts to the natural environment, including air quality, water quality, wildlife, vegetation, and other natural features of the Town.

5.

Post-Decision Actions and Limitations.

a.

Post-decision actions and limitations in Section 6.3.6 shall apply.

b.

A UDC amendment does not authorize specific development activity.

(Ord. 16 §9, 2023; Ord. 4 §§77—79, 2025)

6.5.1. Site Plan Review.

A.

Purpose. The site plan review procedure provides a process to evaluate proposed development for compliance with the development and design standards of this UDC and the Development and Infrastructure Manual. The site plan review procedure ensures that the Town has the opportunity to mitigate potential impacts of proposed developments prior to issuance of a building permit.

B.

Applicability.

1.

Exemptions. The following development is exempt from the site plan review procedure:

a.

A change in use that does not involve or require other development (such as additional parking or landscaping);

b.

Tenant improvements or interior remodels that do not increase gross floor area or building height, increase the density or intensity of the use, or affect development standards (such as parking or landscaping requirements);

c.

Construction of single-family detached dwellings or two-family dwellings, additions to such dwellings, and structures accessory to such dwellings; and

d.

Small multifamily dwellings that do not require installation of new public improvements, except for streets, alleys and sidewalks.

2.

Thresholds for Site Plan Review Type. Table 6.3: Site Plan Review Thresholds, describes the applicable site plan review type (administrative and major).

C.

Procedures Applicable to All Site Plans.

1.

Application Submittal, Acceptance, Revisions, and Withdrawal. An applicant may request concurrent review of other land use applications such as a variance or special use permit by including such request in the application and by complying with the required public notice and hearing requirements. The applicant may also request that concurrent land use applications be held concurrently with any required public hearings for the administrative or major site plan approval. Site plans shall meet the requirements of the Development and Infrastructure Manual and shall be prepared by licensed professionals.

2.

Referral and Call-Up Procedures.

a.

The Town Administrator at his or her discretion may refer administrative site plans to the Board of Trustees for a final decision, subject to the procedures in this section.

b.

The Town Administrator shall make available to the Board of Trustees a record of pending applications for administrative site plans and major site plans. If at least three (3) members of the Board determine that the Board of Trustees shall make the final decision on any such application, the Town Administrator shall place the application on a Board of Trustees regular meeting agenda for decision. Notice of such determination shall be made at the first regularly scheduled meeting after receiving notice of the submitted complete application.

c.

Any application referred to or called up to the Board of Trustees shall first require a public hearing before the Planning and Zoning Commission to provide a recommendation on the application and shall be noticed pursuant to Section 6.3.4.

3.

Approval Criteria for Site Plans. In reviewing the administrative or major site plan application, the applicable decision-making body shall consider whether:

a.

The site plan is consistent with the Comprehensive Plan and other adopted Town policies and plans;

b.

The site plan is consistent with any previously approved plan, planned unit development, and/or any other precedent land use approval; and

c.

The site plan complies with applicable standards in this UDC;

d.

There is adequate water available from the Town's water system to serve the subject property pursuant to the Town's water allocation policy and the requirements of subsection 16.04.4.8.1.

4.

Post-Decision Actions and Limitations.

a.

No Building Permit without Approval. No building permit shall be issued until the administrative or major site plan has been approved.

b.

Expiration of Approval. Site plan approvals shall expire if the authorized use or construction is not substantially underway within three (3) years after the date of the administrative or major site plan approval, unless an extension is granted pursuant to Section 6.3.6.C.

c.

Minor Modifications Allowed. The Town Administrator may approve minor changes to an approved site plan without requiring a new application, provided that the Administrator determines that the proposed changes:

i.

Comply with the standards of the UDC;

ii.

Are necessary to meet conditions of approval; or

iii.

Would not significantly alter the function, form, intensity, character, demand on public facilities, or impact on adjacent properties as approved with the administrative or major site plan.

D.

Administrative Site Plan Procedure. Figure 6.E identifies the applicable steps from the common review procedures in 6.3 that apply to the review of administrative site plan applications. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. An applicant may request an optional pre-application conference, held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal. The administrative site plan application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2.

3.

Staff Review and Action. The Town Administrator shall review the administrative site plan application and distribute the application to the DRT and other reviewers as deemed necessary. Based on the results of the internal review, the Town Administrator shall then review and approve, approve with conditions, or deny the site plan, unless:

a.

The application is referred to the Planning and Zoning Commission or the Board of Trustees, or called-up by the Board of Trustees.

b.

The applicant is seeking vested rights, in which case the application shall be evaluated by the Board of Trustees at a public hearing pursuant to Section 6.7.3.

E.

Major Site Plan Procedure. Figure 6.F identifies the applicable steps from the common review procedures in 6.3 that apply to the review of major site plan applications. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revision, Withdrawal and Neighborhood Meeting. The major site plan application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2. A neighborhood meeting per Section 6.3.2.H must occur prior to the staff review and action described in Section 6.5.1.E.3.

3.

Staff Review and Action. Staff shall review the major site plan application and prepare a staff report and recommendation pursuant to Section 6.3.3. Major site plans that qualify for Affordable Housing Expedited Review pursuant to Section 6.8 shall be subject to Staff Review and Action in Section 6.5.1.D.3. Major site plans that qualify for Affordable Housing Expedited Review are not subject to call up.

4.

Scheduling and Notice of Public Hearings. The major site plan application shall be scheduled for a public hearing before the Planning and Zoning Commission, and noticed pursuant to Section 6.3.4.

5.

Planning and Zoning Commission and/or Board of Trustees Review and Decisions.

a.

Planning and Zoning Commission Review and Recommendation.

i.

The Planning and Zoning Commission shall review the major site plan application and approve, approve with conditions, or deny the major site plan in accordance with Section 6.3.5 and the criteria in Section 6.5.1.C.3.

ii.

If the application is either referred to or called up to the Board of Trustees, then the Planning and Zoning Commission shall provide a recommendation of approval, approval with conditions, or denial of the major site plan to the Board of Trustees.

b.

Board of Trustees Review and Decision. If the major site plan is referred to or called up to the Board of Trustees, then the Board of Trustees shall review the major site plan application and approve, approve with conditions, or deny the major site plan pursuant to Section 6.3.5 and the criteria in Section 6.5.1.C.3.

6.5.2. Special Use Permit.

A.

Purpose. The special use permit procedure provides a process for the Town to evaluate proposed development and land uses that have unique or widely varying operating characteristics or unusual site development features to ensure compatibility with surrounding areas. This procedure is intended to identify potential impacts of such uses and ensure adequate mitigation is provided.

B.

Applicability. The special use permit procedure shall apply to land uses as specified in Table 3.1, Table of Allowed Uses.

C.

Special Use Permit Procedure. Figure 6.G identifies the applicable steps from the common review procedures in 6.3 that apply to the review of special use permit applications. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal. The special use permit application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2. The special use permit application shall conform to the site plan application and its associated materials. No separate fee for the site plan shall be applied for the review of the special use permit.

3.

Staff Review and Action. Staff shall review the application and prepare a staff report and recommendation pursuant to Section 6.3.3.

4.

Scheduling and Notice of Public Hearings. The special use permit application shall be scheduled for a public hearing before the Planning and Zoning Commission, and noticed pursuant to Section 6.3.4.

5.

Planning and Zoning Commission Review and Decision.

a.

Special Use Permit Review and Decision. The Planning and Zoning Commission shall review the special use permit application and approve, approve with conditions, or deny the special use permit pursuant to Section 6.3.5 and the criteria in subsection b, below.

b.

Special Use Permit Approval Criteria.

i.

In reviewing a proposed special use, the Planning and Zoning Commission shall consider whether:

(a)

The proposed use is consistent with the Comprehensive Plan and the purposes of this UDC;

(b)

The proposed use complies with applicable use-specific standards in Section 3.2;

(c)

The proposed use complies with all other standards in this UDC;

(d)

The proposed use is consistent with the purpose statement of the underlying zoning district;

(e)

Impacts of the use on the surrounding neighborhood have been adequately minimized;

(f)

The proposed use does not adversely impact the public health, safety, and welfare of the Town; and

(g)

There is adequate water available from Town's water system to serve the subject property pursuant to the Town's water allocation policy and subsection 16.04.4.8.1 at the time of application.

6.

Post-Decision Actions and Limitations. Post-decision actions and limitations in Section 6.3.6 shall apply with the following additions or modifications:

a.

Expiration of a Special Use Permit.

i.

Unless substantially acted upon (demonstrated by use of the property, construction, or measurable development activity) within three years following the date of approval, a special use permit shall expire.

ii.

The Town Administrator may grant one (1) extension of the expiration period. Such extension shall require a written request and shall not exceed one (1) year.

b.

Expansion or Enlargement. Any expansion or enlargement of a special use shall require a new application. Expansions or enlargements may be approved by the Town Administrator provided that:

i.

The expansion or enlargement is not expected to increase potential negative impacts to surrounding property or the Town; and

ii.

The expansion or enlargement will not require adjustments to any standards greater than allowed through the administrative adjustment procedures in Section 6.7.1.

c.

Transfer of Special Use Permit. A special use permit may be transferred to another person to operate the same use, in the same building(s), on the same property, and under the same terms of the permit. Such transfer shall require approval by the Town Administrator upon a written request by holder and transferee.

6.5.3. Temporary Use/Structure Permit.

A.

Purpose. The temporary use/structure permit procedure provides a process to evaluate proposals for uses and structures intended for limited duration to ensure compliance with the applicable standards of this UDC.

B.

Applicability.

1.

General Applicability. A temporary use/structure permit is required before establishing, constructing, or installing any temporary use or structure as specified in Table 3.1, Table of Allowed Uses or in Section 3.4, Temporary Uses and Structures.

2.

Exemptions. The following temporary uses or structures are exempt from this section:

a.

Construction project offices or trailers erected pursuant to an approved construction project, provided such offices or trailers are removed within two (2) months following issuance of a certificate of occupancy;

b.

Display booths, gazebos, vending carts, or similar structures or devices erected pursuant to a permit authorizing the use of publicly owned property for a festival, carnival, nonprofit fundraiser, or other civic or entertainment event;

c.

Nonprofit fundraising events such as church bazaars, farmers markets, seasonal festivals, or substantially similar events in residential zone districts, inclusive of the use of tents, gazebos, carts, and similar temporary structures. (These types of uses and structures may require a special event permit);

d.

The use of party tents for weddings or similar private functions on private property in any zoning district for not more than seventy-two (72) hours; and

e.

Nonrecurring garage, yard, or estate sales in residential zoning districts; however, the holding of four (4) or more garage, yard, or estate sales, or any combination thereof, at the same location or property in a residential zoning district in any one (1) calendar year shall be deemed the operation of a business and shall be governed under the home occupation regulations in Section 3.3.4.B.

3.

Nuisance. None of the exemptions above may be conducted in a manner that results in a nuisance. If such a nuisance exists, the Town may take action to abate the nuisance as provided for in the Buena Vista Municipal Code.

C.

Temporary Use/Structure Permit Procedure. Figure 6.H identifies the applicable steps from the common review procedures in 6.3 that apply to the review of special use permit applications. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. An applicant may request an optional pre-application conference, held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal. The temporary use/structure permit application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2. A temporary use/structure permit application shall be submitted at least 30 days prior to the event to allow for any potential appeals to the Board of Trustees.

3.

Staff Review and Action.

a.

Posting Requirement.

i.

For proposed temporary uses/structures that will have a duration of seventy-two (72) hours or more, the Town Administrator shall require the applicant to post notice on the subject property for at least two (2) days stating that an application for a temporary use/structure permit is under review.

ii.

The required posting shall describe the proposed use/structure, and inform interested parties that comments related to the use and/or structure shall be submitted in writing to the Town Administrator by a date certain, no later than two (2) business days prior to issuance of a decision.

iii.

Temporary vendors not located within the R-1, R-1.5, R-2, and R-3 zones shall be exempt from the posting requirements of this section. Temporary vendors seeking to locate in the R-1, R-1.5, R-2, and R-3 zones shall follow the posting requirements of this section.

b.

Review and Decision.

i.

The Town Administrator shall review the temporary use/structure permit application and distribute the application to other reviewers as deemed necessary.

ii.

If no timely written objections are received pursuant to paragraph a above, then the Town Administrator shall approve, approve with conditions, or deny the temporary use/structure permit based on the approval criteria in paragraph c below.

iii.

If a timely written objection is received pursuant to paragraph a above, then the Town Administrator shall refer the temporary use/structure permit application to the Planning and Zoning Commission for review and decision at a public hearing pursuant to the scheduling and notice requirements in Section 6.3.4, and pursuant to the approval criteria in paragraph c below.

c.

Temporary Use/Structure Permit Approval Criteria. A temporary use/structure permit shall be approved if the Town Administrator or Planning and Zoning Commission determine that the proposed use or structure:

i.

Is consistent with the Comprehensive Plan;

ii.

Complies with the applicable temporary uses and structures standards in Section 3.4;

iii.

Complies with all other applicable standards in this UDC;

iv.

Complies with all requirements and conditions of approval for any prior development permits or approvals;

v.

Is compatible with the character, density, and use of structures and uses in the surrounding neighborhood; and

vi.

Impacts associated with access, traffic, emergency services, utilities, parking, refuse areas, noise, glare, and odor have been adequately mitigated.

4.

Post-Decision Actions and Limitations. Post-decision actions and limitations in Section 6.3.6 shall apply with the following additions or modifications:

a.

Effect of Approval. A temporary use/structure permit authorizes establishment, construction, or installation of the approved temporary use or structure pursuant to the terms and conditions of the permit.

b.

Expiration of Approval.

i.

A temporary use/structure permit, except those for temporary vendors, shall be valid for the time period indicated on the permit. In no case shall a temporary use permit be valid for more than one hundred eighty (180) days.

ii.

An extension of a temporary use/structure permit, including an extension beyond the 180-day limitation, may be granted by the Town Administrator upon written request. Only one (1) extension for a temporary use/structure permit shall be granted. The Town Administrator shall review a request for an extension using the approval criteria in subsection 6.5.3.C.3.c.

(Ord. 15 §17, 2018; Ord. 4 §2, 2022; Ord. 5 §23, 2022; Ord. 19 §1, 2022; Ord. 16 §10, 2023; Ord. 16 §11, 2023; Ord. 4 §§80—82, 2025; Ord. 08 §10, 2025; Ord. 14 §4, 2025)

6.6.1. Minor Subdivision.

A.

Purpose. The minor subdivision procedure provides a process to evaluate proposed subdivisions that will create few lots or will involve minor adjustments to approved final plats. The minor subdivision procedures also provide a mechanism for addressing plat errors and apply minor adjustments to lot boundaries when necessary.

B.

Applicability. The minor subdivision procedure shall apply to:

1.

Subdivisions creating fewer than ten (10) lots; or

2.

Consolidation of two (2) or more lots into fewer lots on an approved final plat; or

3.

Lot line or boundary adjustments to an approved final plat; or

4.

Correction of errors or omissions on an approved final plat, such as legal description errors, typographical and mapping errors, lot identification errors, and surveyor corrections; or

5.

Any proposed change in any platted street alignment or any other public improvement, except for vacations of streets or alley governed by state law; or

6.

Any proposed change in the amount or boundaries of any land, not including streets and alleys, previously dedicated to the Town for public use.

C.

Minor Subdivision Procedure. Figure 6.I identifies the applicable steps from the common review procedures in 6.3 that apply to the review of minor subdivision applications. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal. The minor subdivision application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2.

3.

Staff Review and Action.

a.

Public Notice.

i.

When an application for a minor subdivision is deemed complete, the Town Administrator shall notify all property owners within three hundred (300) feet of the subject parcel(s) via first class mail. Such notice shall indicate that comments will be accepted for a period of ten (10) days following the date of the notice.

ii.

The Town Administrator shall not take official action on the minor subdivision application until the 10-day comment period has lapsed.

b.

Review and Decision.

i.

Staff shall review the application and prepare a staff report pursuant to Section 6.3.3.

ii.

If any minor subdivision application requires the dedication of public improvements to the Town, or a public improvements agreement, the public improvement agreement and/or dedication shall be forwarded to the Board of Trustees for consideration prior to the Town Administrator taking action on the minor subdivision.

iii.

Once the referral of the public improvement agreement and/or dedication in paragraph ii has occurred and the Board of Trustees has approved the dedication or public improvement agreement, as applicable, the Town Administrator shall review the minor subdivision application and any public comments received and shall approve, approve with conditions, or deny the minor subdivision based on the criteria in paragraph c below.

iv.

The Town Administrator may refer, at his or her discretion, a minor subdivision application for a proposed subdivision creating fewer than ten (10) lots to the Board of Trustees for a final decision.

v.

Any application referred to the Board of Trustees shall first require a public hearing before the Planning and Zoning Commission to provide a recommendation on the application and shall be noticed pursuant to Section 6.3.4. The minor subdivision application shall be reviewed based on the criteria in paragraph c below. The Board of Trustees shall approve, approve with conditions, or deny the minor subdivision.

c.

Minor Subdivision Approval Criteria. A minor subdivision shall be approved if the Town Administrator determines that the proposed minor subdivision:

i.

Is consistent with the intent of the underlying zoning district;

ii.

Complies with applicable dimensional, development, and design standards in this UDC;

iii.

Does not affect a recorded easement without approval from the easement holder;

iv.

Will not limit the Town's ability to provide adequate and sufficient facilities or services, including, but not limited to, public water supply, infrastructure, and water supply available to the proposed subdivision; and

v.

There is adequate water available from the Town's water system to service the proposed subdivision pursuant to the Town's water allocation policy and subsection 16.04.4.8.1 at the time of application.

4.

Post-Decision Actions and Limitations. Post-decision actions and limitations in Section 6.3.6 shall apply. Additionally, minor subdivisions shall be recorded with the Chaffee County Clerk and Recorder as soon as practicable following approval by the Town Administrator.

6.6.2. Sketch Plan.

A.

Purpose. The sketch plan procedure provides a process for preliminary evaluation of a proposed development prior to committing considerable resources toward engineering, design, and construction drawings. The sketch plan procedure results in early identification of potential impacts and solutions, without any official approval and/or denial from the Town.

B.

Applicability. The sketch plan procedure is required for any new subdivision that does not meet the eligibility criteria for a minor subdivision pursuant to 6.6.1.B. Review through the sketch plan procedure is required prior to submitting an application for preliminary plat approval. The sketch plan procedure is optional for all other subdivision applications.

C.

Sketch Plan Procedure. Figure 6.J identifies the applicable steps from the common review procedures in 6.3 that apply to the sketch plan procedure. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revision, Withdrawal and Neighborhood Meeting. The sketch plan application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2. A neighborhood meeting per Section 6.3.2.H must occur prior to the staff review and action described in Section 6.6.2.C.3.

3.

Staff Review and Action. Staff shall review the sketch plan application and prepare a staff report and recommendation pursuant to Section 6.3.3.

4.

Scheduling and Notice of Public Meeting. The sketch plan application shall be scheduled for a public meeting before the Board of Trustees and the Planning and Zoning Commission, and noticed pursuant to Section 6.3.4.

5.

Planning and Zoning Commission and Board of Trustees Review and Recommendation.

a.

Review and Recommendation.The Board of Trustees and the Planning and Zoning Commission shall review the sketch plan application at a joint public meeting and make recommendations according to the criteria in subsection b, below. The recommendations shall be considered by the applicant while preparing an application for a preliminary plat.

b.

Sketch Plan Review Criteria. The Board of Trustees and Planning and Zoning Commission shall evaluate the sketch plan application to determine whether the proposed subdivision:

i.

Complies with applicable use, density, development, and design standards of this UDC;

ii.

Provides lots, roads, driveways, utilities, drainage facilities, and other services are designed to minimize the amount of land disturbance, maximize connectivity, maximize the amount of open space, and preserve sensitive areas;

iii.

Provides adequate mitigation to areas in natural hazard areas and that proposed uses of these areas are compatible with such conditions;

iv.

Provides evidence of public water, pursuant to the Town's water allocation policy subsection 16.04.4.8.1, and sewer system connections;

v.

Provides open space in accordance with Town requirements;

vi.

Provides a clear assumption of responsibility for maintaining roads, open spaces, and other public and common facilities in the subdivision; and

vii.

If applicable, provides a rational phasing plan for phased development as it relates to infrastructure capacity.

6.

Post-Decision Actions and Limitations. The applicant shall submit an application for a preliminary plat within one (1) year of sketch plan review by the Board of Trustees and the Planning and Zoning Commission. The preliminary plat application shall be substantially similar in configuration and shall not include lots outside of the area indicated during sketch plan review; otherwise, the applicant shall resubmit a sketch plan application pursuant to Section 6.6.2.C.

6.6.3. Preliminary Plat.

A.

Purpose. The preliminary plat procedure provides a process for the Town to review an overall plan for a proposed subdivision to ensure compliance with this UDC and the Comprehensive Plan.

B.

Applicability. A preliminary plat is required when one (1) or more of the following conditions exist:

1.

The proposed subdivision will produce ten (10) or more lots;

2.

The proposed subdivision will include the dedication of public right-of-way, other public tracts, or public improvements not determined to be eligible for minor subdivision processing; or

3.

The proposed subdivision is not eligible to be processed as a minor subdivision, pursuant to Section 6.6.1.B.

C.

Preliminary Plat Procedure. Figure 6.K identifies the applicable steps from the common review procedures in 6.3 that apply to the preliminary plat procedure. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal. The preliminary plat application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2. An application for a preliminary plat may be submitted concurrently with a sketch plan upon approval of a written request to the Town Administrator.

3.

Staff Review and Action. Staff shall review the preliminary plat application and prepare a staff report and recommendation pursuant to Section 6.3.3.

4.

Scheduling and Notice of Public Hearings. The preliminary plat application shall be scheduled for public hearings before the Planning and Zoning Commission and Board of Trustees, and noticed pursuant to Section 6.3.4.

5.

Planning and Zoning Commission and/or Board of Trustees Review and Decision.

a.

Planning and Zoning Commission Review. The Planning and Zoning Commission shall review the preliminary plat application pursuant to Section 6.3.5 and the criteria below and shall recommend approval, approval with conditions, or denial of the preliminary plat. The Planning and Zoning Commission may also remand the preliminary plat back to the Town Administrator for further consideration.

b.

Board of Trustees Review and Decision. The Board of Trustees shall review the preliminary plat application and the recommendation of the Planning and Zoning Commission and shall approve, approve with conditions, or deny the preliminary plat pursuant to Section 6.3.5 and the criteria below.

c.

Conditions of Approval. If the preliminary plat is approved with conditions, such conditions shall be met prior to approval of a final plat.

d.

Preliminary Plat Approval Criteria. In reviewing the proposed preliminary plat, the Planning and Zoning Commission and the Board of Trustees shall consider whether the preliminary plat:

i.

Is consistent with the Comprehensive Plan;

ii.

Complies with the underlying zoning district standards;

iii.

Complies with the use, dimensional, design, and other development standards in this UDC;

iv.

Provides lots, roads, driveways, utilities, drainage facilities, and other services that are designed to minimize the amount of land disturbance, maximize connectivity, maximize the amount of open space, and preserve sensitive areas;

v.

Provides adequate mitigation to areas in natural hazard areas and that proposed uses of these areas are compatible with such conditions;

vi.

Provides evidence of public water, pursuant to the Town's water allocation policy and subsection 16.04.4.8.1, and sewer system connections;

vii.

Provides water to lots that are in compliance with the Town's water supply, infrastructure, and water supply;

viii.

Provides open space in accordance with Town requirements;

ix.

Provides a clear assumption of responsibility for maintaining roads, open spaces, and other public and common facilities in the subdivision; and

x.

If applicable, provides a rational phasing plan for phased development as it relates to infrastructure capacity. The phasing plan, if applicable, shall be included with application submittal.

6.

Post-Decision Actions and Limitations. Post-decision actions and limitations in Section 6.3.6 shall apply with the following additions or modifications:

a.

A preliminary plat shall expire three (3) years from the date of approval if a final plat has not been recorded at that time.

b.

The Board of Trustees may extend the expiration time period once, for a period up to twelve (12) months. Such extension shall require written request to the Town Administrator, who shall forward the request and a recommendation to the Board of Trustees for action at any regular or special meeting.

6.6.4. Final Plat.

A.

Purpose. The final plat procedure completes the subdivision process and ensures compliance with the approved preliminary plat and all applicable standards in this UDC.

B.

Applicability. The final plat procedure applies to all subdivisions in the Town of Buena Vista unless otherwise stated in this UDC.

C.

Final Plat Procedure. Figure 6.L identifies the applicable steps from the common review procedures in 6.3 that apply to the final plat procedure. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal. The final plat application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2. In addition:

a.

All sanitary sewer design plans shall be approved by the Buena Vista Sanitation District prior to submittal of a final plat application.

b.

The final plat application shall be submitted within three (3) years of preliminary plat approval.

c.

The final plat may reflect the entire preliminary plat or any part if phasing.

d.

A final plat application may be submitted concurrently with a preliminary plat application with approval of a written request to the Town Administrator.

3.

Staff Review and Action.

a.

Staff shall review the application and prepare a staff report pursuant to Section 6.3.3.

b.

Town Administrator Review and Decision. The Town Administrator shall review the application and shall approve, approve with conditions, or deny the final plat based on the criteria below.

c.

Final Plat Approval Criteria. The Town Administrator shall approve a final plat that complies with the following criteria:

i.

The final plat conforms to the preliminary plat, including any conditions of approval;

ii.

The development will comply with all requirements of this UDC; and

iii.

The development will comply with the applicable technical standards and specifications adopted by the Town.

4.

Post-Decision Actions and Limitations. Post-decision actions and limitations in Section 6.3.6 shall apply with the following additions or modifications:

a.

Signing and Recordation.

i.

Following final plat approval, the plat shall be signed by the Town Administrator and acknowledged by the Town Clerk. Approval of the final plat shall include and constitute acceptance of all proposed dedications contained in the plat by the Town of Buena Vista.

ii.

The final plat shall be recorded with the Chaffee County Clerk and Recorder as soon as practicable following approval, subject to any conditions of approval, which shall be satisfied prior to recordation.

iii.

No person shall sell, transfer, convey, lease or rent, or negotiate the same, any lot or other property within the development until the plat has been recorded.

iv.

The Town Clerk shall also record the public improvements agreement and any agreement for dedications, if applicable, together with legal documents as may be required to be recorded by the Town Attorney.

v.

The applicant shall bear the cost of all recordation fees.

b.

Public Improvements.

i.

The construction of public improvements to be installed as part of a subdivision shall be identified and secured pursuant to Section 5.4, Public Improvements Agreements, executed by the applicant and the Town as a condition of approval.

ii.

The Public Works Department shall account for both the water infrastructure provided by the subdivision and its impacts on Town water supply and water rights.

iii.

All public improvements shall be subject to warranty after construction and acceptance. No building permit shall be submitted or reviewed by the Town for any development prior to approval of final construction plans for all development infrastructure and improvements as required by the terms and conditions of the development approval and/or the terms of this UDC. All infrastructure shall be designed to comply with the Infrastructure Standards in the Development and Infrastructure Manual.

iv.

No certificate of occupancy shall be issued prior to the complete and satisfactory installation of all development infrastructure and improvements necessary to serve any lot for which a building permit has been sought. Required water and sewer improvements shall be installed prior to issuance of a building permit and according to the terms of the public improvements agreement.

v.

All costs reasonably incurred by the Town in reviewing and approving final construction plans, inclusive of engineering and legal fees, shall be paid by the applicant.

6.6.5. Condominiumization.

A.

Purpose. The condominium procedure provides a process by which the Town reviews creation of condominium subdivisions and conversions and evaluates them for compliance with this UDC and other Town codes.

B.

Applicability. The applicable review procedure shall be determined by the number of condominium units created, as follows:

1.

Developments with fewer than twenty (20) condominium units shall be processed as a minor subdivision pursuant to Section 6.6.1.C.

2.

Developments with twenty (20) or more condominium units shall not be eligible for the minor subdivision procedure and shall prepare a sketch plan, preliminary plat, and final plat.

C.

Condominiumization Procedure. Figure 6.M identifies the applicable steps from the common review procedures in 6.3 that apply to the condominiumization procedure. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal. The condominiumization application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2. The application shall either be processed as a minor subdivision or shall follow the procedures for a sketch plan (Section 6.6.2), preliminary plat (Section 6.6.3), and final plat (Section 6.6.4) procedures.

3.

Condominiumization of Fewer than 20 Units.

a.

Review and Decision. The Town Administrator shall review the condominiumization in accordance to the common review procedures in 6.2.1 and the procedures for minor subdivisions in Section 6.6.1.C.

b.

Condominiumization Approval Criteria. A condominiumization shall be approved if the Town Administrator determines that the proposed condominiumization meets the approval criteria for minor subdivision in Section 6.6.1.C.3.c, and the applicant has provided adequate documentation for compliance with the standards and terms of the Condominium Ownership Act and the Colorado Common Interest Ownership Act, C.R.S. § 38-33-101, et seq., as may be amended.

4.

Condominiumization of 20 or More Units. Condominiumization applications for developments with twenty (20) or more units shall be processed using the sketch plan (Section 6.6.2), preliminary plat (Section 6.6.3), and final plat (Section 6.6.4) procedures.

5.

Condominiumization Conversions. An applicant proposing to condominiumize an existing building is exempt from these procedures with the following exceptions:

a.

The applicant shall submit a condominium conversion inspection report to the Building Official describing the structural condition of the building, the proposed condominium units, and their compliance with all building and fire safety codes.

b.

The applicant shall make the building and all proposed condominium units available for inspection by the Building Official if the Building Official deems such inspection necessary to evaluate compliance of the building and/or units with building and fire safety codes. The cost of such inspections shall be borne by the applicant.

c.

The conversion of an existing structure to multiple ownership interests shall not be permitted if the use of the structure is nonconforming pursuant to Section 1.5.2.

d.

The applicant shall comply with the post-decision actions and limitations below.

6.

Post-Decision Actions and Limitations. Post-decision actions and limitations in Section 6.3.6 shall apply. Additionally, after buildings have been constructed and final as-built surveys have been completed, the applicant shall submit an amended condominium plat showing graphically and dimensionally the subdivision of buildings into volumetric spaces and the relationship of these spaces with the boundaries of the site and other appurtenances on the site.

6.6.6. Vacation of Easement.

A.

Purpose. The vacation of easement procedure provides a process for vacating rights, interests, or title of the Town in and to any easement dedicated to the Town located in the Town of Buena Vista. Title to vacated roadways shall be in accordance with Colorado law.

B.

Applicability. This procedure applies to any request to vacate rights, interests, or title of an easement vested in the Town. Vacation of roadways shall be in accordance with Colorado law.

C.

Vacation Procedure. Figure 6.N identifies the applicable steps from the common review procedures in 6.3 that apply to the vacation of easement procedure. Vacation of roadways shall be in accordance with Colorado law. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal. The vacation application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2. Applications shall include a scaled survey from a Colorado registered surveyor or engineer that indicates the roadways and adjacent properties subject to the vacation.

3.

Staff Review and Action.

a.

Staff and utility providers shall review and approve, approve with conditions, or deny the application according to the approval criteria in Section 6.6.6.C.4.

b.

For vacation of roadway, review of the application shall be pursuant to Colorado law.

4.

Vacation Approval Criteria. Staff may approve a vacation of easement if determined that the vacation:

a.

Is consistent with the Comprehensive Plan;

b.

Will comply with the underlying zoning district; and

c.

Will comply with the use, dimensional, design, and other development standards in this UDC.

5.

Post-Decision Actions and Limitations. Post-decision actions and limitations in Section 6.3.6 shall apply with the following additions or modifications:

a.

The revised plat or ordinance showing the vacation of easement shall be signed by the Town Administrator and acknowledged by the Town Clerk.

b.

The revised plat or ordinance showing the vacation of easement shall be recorded with the Chaffee County Clerk and Recorder as soon as practicable following approval, subject to any conditions of approval, which shall be satisfied prior to recordation.

6.6.7. Plat Vacation.

A.

Owner Initiated Plat Vacation. The owner or owners of lots in any approved subdivision, including the developer, may apply to the Town to vacate the plat with respect to their properties. The petition shall be filed on forms provided by the Town. Prior to referral by the Planning Commission to the Board of Trustees with a recommendation, the Planning Commission shall hold a public hearing on the application in accordance with the provisions of this subsection.

1.

Notice and Hearing. Thirty (30) days prior to the public hearing, the Town shall publish notice in a newspaper of general circulation and provide mailed notice of the petition for vacation to all owners of property within the affected subdivision and shall state in the notice the time and place for a public hearing on the vacation petition.

2.

Criteria. The Board of Trustees shall approve the application for vacation on such terms and conditions as are reasonable to protect public health, safety, and welfare; but in no event may the Board of Trustees approve an application for vacation if it will materially injure the rights of any nonconsenting property owner or any public rights in public improvements unless expressly agreed to by the Board.

3.

Recordation of Revised Plat. Upon approval of any application for vacation, the applicant shall prepare a Revised Final Subdivision Plat in accordance with Chapter 16, providing a metes and bounds description of the property subject to the vacation.

B.

Government Initiated Plat Vacation.

1.

General Conditions. The Board of Trustees, on its motion, may vacate the plat of an approved subdivision when:

a.

No lots within the approved subdivision have been sold within five (5) years from the date that the plat was signed by the Mayor;

b.

The developer has breached a subdivision improvement agreement, and the Town is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the developer or its successor;

c.

The plat has been of record for more than five (5) years and the Board of Trustees determines that the further sale of lots within the subdivision presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the developer or its successor; and

d.

No vested rights exist on the property.

2.

Procedure. Upon any motion of the Board of Trustees to vacate the plat of any previously approved subdivision, in whole or in part, the Board of Trustees shall publish notice in a newspaper of general circulation and provide personal notice to all property owners within the subdivision and shall also provide notice to the governing body. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision plat. The public hearing shall be no sooner than thirty (30) days and no later than forty-five (45) days from the date of the publication and personal notice. The Board of Trustees shall approve the resolution affecting the vacation on such terms and conditions as are reasonable to protect public health, safety, and welfare; but in no event may the Board of Trustees approve a petition for vacation if it will materially injure the rights of any nonconsenting property owner or any public rights in public improvements unless expressly agreed to by the governing body.

3.

Recordation. If the Board of Trustees adopts a resolution vacating a plat in whole, it shall record a copy of the resolution in the Clerk and Recorder's office of Chaffee County. If the Board of Trustees adopts a resolution vacating a plat in part, it shall record a copy of the resolution as described above and cause a Revised Final Subdivision Plat to be recorded which shows that portion of the original subdivision plat that has been vacated and that portion that has not been vacated.

(Ord. 20 §1, 2022; Ord. 16 §§12—14, 2023; Ord. 4 §§83—87, 2025; Ord. 08 §9, 2025)

6.7.1. Administrative Adjustment.

A.

Purpose. The administrative adjustment procedure provides a process for evaluating minor modifications or deviations from the dimensional or numeric standards of this UDC that may be permitted by the Town Administrator. The intent is to allow for greater flexibility when necessary without requiring a formal zoning amendment, UDC amendment, or variance. The administrative adjustment procedure is not intended to serve as a waiver of UDC standards or to circumvent the variance procedure.

B.

Applicability.

1.

Generally.

a.

The Town Administrator may approve an adjustment to any numeric dimensional, development standard in Articles 16.02 or 16.04, or adjustment to any numerical design standard in Article 16.04, up to a maximum of five percent (5%) for height and vertical adjustments, and up to a maximum of twenty percent (20%) for all other adjustments.

b.

The administrative adjustment procedure shall not apply to any proposed modification that results in:

i.

An increase in the overall density;

ii.

A change in allowable uses or mix of uses;

iii.

A deviation from the use-specific standards in Section 3.2;

iv.

A change to a development standard already modified through a separate administrative adjustment or variance; or

v.

Requirements for public roadways, utilities, or other public infrastructure or facilities.

C.

Administrative Adjustment Procedure. Figure 6.O identifies the applicable steps from the common review procedures in 6.3 that apply to the administrative adjustment procedure. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. An applicant may request an optional pre-application conference, held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal.

a.

The administrative adjustment application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2.

b.

An application for an administrative adjustment shall only be submitted and reviewed concurrently with an application for a special use permit, temporary use permit, site plan approval (administrative or major), or plat approval (preliminary or final).

c.

When the concurrently reviewed application is subject to review by the Planning and Zoning Commission and/or Board of Trustees, the Town Administrator shall review and decide the administrative adjustment application prior to distributing the staff report for the concurrently reviewed application.

3.

Staff Review and Action.

a.

Public Notice.

i.

When an application for an administrative adjustment is deemed complete, the Town Administrator shall notify all property owners within three hundred (300) feet of the subject parcel(s) via first class mail. Such notice shall indicate that comments will be accepted for a period of fifteen (15) days following the date of the notice.

ii.

The Town Administrator shall not take official action on the administrative adjustment application until the 15-day comment period has lapsed.

b.

Review and Decision. The Town Administrator shall review the administrative adjustment application and distribute the application to other reviewers as deemed necessary. Based on that review, and in response to any public comments received, the Town Administrator shall approve, approve with conditions, or deny the administrative adjustment based on the criteria below.

c.

Administrative Adjustment Approval Criteria. An administrative adjustment shall be approved if the Town Administrator determines that the proposed adjustment:

i.

Is consistent with the Comprehensive Plan;

ii.

Is consistent with the purpose of the underlying zoning district;

iii.

Is consistent with adopted building and fire codes;

iv.

Will not result in incompatible development;

v.

Will not result in adverse impacts unless adequately mitigated; and

vi.

Is of a technical nature and is required to:

(a)

Compensate for an unusual condition;

(b)

Eliminate a minor inadvertent failure to comply with this UDC; or

(c)

To protect a sensitive resource or natural feature.

4.

Post-Decision Actions and Limitations. Post-decision actions and limitations in Section 6.3.6 shall apply with the following additions or modifications:

a.

Effect of Approval. Approval of an administrative adjustment authorizes only the particular adjustment of standards approved, and only to the subject property of the application.

b.

Expiration of Approval. Approval of an administrative adjustment shall automatically expire if the associated development application is denied or if approval of the concurrently reviewed application expires, is revoked, or otherwise becomes invalid.

6.7.2. Variance.

A.

Purpose. The variance procedure provides a process to grant limited relief from the requirements of this UDC for property where strict application of the UDC would result in an exceptional practical difficulty or undue hardship preventing the use of the land in a manner otherwise allowed by the UDC. The variance procedure is not intended to allow a use in a zoning district where it is not permitted, or to mitigate inconveniences or financial burdens that this UDC may impose on landowners.

B.

Applicability.

1.

Any property owner seeking relief from this UDC may request a variance when the strict application of the UDC would result in an undue hardship and meet the approval criteria listed in Section 6.7.2.C.5.b.

2.

The variance procedure shall not be used for:

a.

Requests for uses not otherwise allowed in a particular zoning district by the UDC; or

b.

Variances from regulations outside of this UDC.

C.

Variance Procedure. Figure 6.P identifies the applicable steps from the common review procedures in 6.3 that apply to the variance procedure. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal.

a.

The variance application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2.

b.

The variance application may be initiated concurrently with other development applications when relief is sought by the applicant.

3.

Staff Review and Action. Staff shall review the application and prepare a staff report and recommendation pursuant to Section 6.3.3.

4.

Scheduling and Notice of Public Hearings. The variance application shall be scheduled for a public hearing before the Board of Adjustment, and noticed pursuant to Section 6.3.4.

5.

Board of Adjustment Review and Action.

a.

Hearing, Review, and Decision.

i.

The Board of Adjustment shall hold a public hearing as required by this UDC and shall be conducted pursuant to this UDC, any established bylaws of the Board of Adjustment, and in compliance with state law.

ii.

The Board of Adjustment shall consider the application, relevant supporting materials, staff report, and any public comments made at the public hearing, and shall approve, approve with conditions, or deny the variance based on the criteria below. The Board of Adjustment may also remand the application back to the Town Administrator for further consideration.

iii.

The Board of Adjustment's decision shall be based only on the record of the public hearing and shall be provided in writing, including findings of fact based on competent, material, and substantial evidence presented at the hearing, and shall reflect the determination of contested facts and state how the findings support compliance with applicable review standards.

iv.

The Board of Adjustment shall clearly state the factors considered in making its decision, as well as the basis or rationale for the decision.

b.

Variance Approval Criteria. A variance may be granted if the Board of Adjustment finds that all of the following exist:

i.

The variance is necessary due to unique physical conditions such as size, irregularity, narrowness or shallowness of a lot, location, surroundings, topography, or other peculiar conditions on the subject property;

ii.

The strict application of the UDC standards for which the variance is sought would result in undue hardship;

iii.

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

iv.

Such hardship was not created by the applicant or any previous owner of the property;

v.

The variance is the minimum variance that will afford relief of the subject standards of the UDC;

vi.

The variance will not result in substantial impacts to adjacent property or the character of the zoning district; and

vii.

The variance is not related to purposes of convenience or financial burden.

6.

Post-Decision Actions and Limitations. Post-decision actions and limitations in Section 6.3.6 shall apply with the following additions or modifications:

a.

Notice of Decision. Any decision by the Board of Adjustment shall be provided in writing by the Town Administrator to the Planning and Zoning Commission before the next meeting or hearing of the Planning and Zoning Commission.

b.

Expiration of Variance.

i.

If the property owner has not commenced development or obtained the required permits to carry out the approved variance within one (1) year of the variance approval date, then the variance shall automatically expire; or

ii.

If the variance application is reviewed concurrently with another type of development application, and that other development application is denied, then the variance approval shall automatically expire.

c.

Non-Transferable. An approved variance shall apply only to the property or structure described in the approval and shall not be transferable to any other property or structure.

6.7.3. Vested Rights.

A.

Purpose. The vested rights procedure provides a process for review and approval of vested real property rights pursuant to state statutes C.R.S. Article 68 of Title 24, as amended. Nothing in this section is intended to create a vested property right, but only to implement the provisions of state law.

B.

Applicability.

1.

Vested property rights shall be obtained through approval of the following site-specific development plans:

a.

Final plat;

b.

Major site plan;

c.

Planned Unit Development; or

d.

A development agreement providing vested rights.

2.

Administrative site plans approved by the Board of Trustees where vested rights are sought shall also be considered a site-specific development plan.

3.

No other plan, plat, or similar document shall be considered a site-specific development plan.

C.

Vested Rights Procedure. Figure 6.Q identifies the applicable steps from the common review procedures in 6.3 that apply to the vested rights procedure. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. A pre-application conference shall be held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal. The vested rights request shall be included with an application for the site-specific development plan, which application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2.

3.

Staff Review and Action.

a.

Staff shall review the application and prepare a staff report and recommendation pursuant to Section 6.3.3. The recommendation for vested rights may be directly incorporated into the staff report for the applicable site-specific development plan.

b.

For applications decided by the Town Administrator, vested rights shall be included with the official decision per the applicable site-specific development plan procedure.

4.

Scheduling and Notice of Public Hearings. If required, the applicable site-specific development plan application shall be scheduled for public hearings before the Planning and Zoning Commission and/or the Board of Trustees, and noticed pursuant to Section 6.3.4. Hearings on vested rights may occur concurrently with the applicable site-specific development plan.

5.

Planning and Zoning Commission and/or Board of Trustees Review and Decision.

a.

Planning Commission Review, Recommendation, and/or Decision. If required for a site-specific development plan, the Planning and Zoning Commission shall review the site-specific development plan application and make a recommendation and or decision in accordance with 6.3.5. If the Planning and Zoning Commission is the deciding authority, the Planning and Zoning Commission shall make one (1) of the decisions according to the procedures for that site-specific development plan.

b.

Board of Trustees Review and Decision. If required for a site-specific development plan, the Board of Trustees shall review the site-specific development plan application and make a decision in accordance with 6.3.5. The Board of Trustees shall make one (1) of the decisions according to the procedures for that site-specific development plan.

6.

Post-Decision Actions and Limitations. Post-decision actions and limitations in Section 6.3.6 shall apply with the following additions or modifications:

a.

Effective Approval.

i.

A site-specific development plan and vested property right shall only be deemed established upon the final action of the reviewing body or official designated under this UDC with authority to grant final development approvals. The effective date of a site-specific development plan and vested property right shall be the date on which the site-specific development plan has been approved.

ii.

A site-specific development plan that has received final approval subject to conditions shall result in a vested property right unless there is a failure to abide by such conditions, in which case the vested property right shall be forfeited.

b.

Expiration of Vested Rights. A site-specific development plan that has been vested as provided under this section shall remain vested for three (3) years from the plan's effective date. A longer initial vesting period, or an extension in the vesting period, may be granted upon a finding that a longer or extended vesting period will serve the public interest and welfare in view of all pertinent circumstances, including the size and phasing of any given development, economic cycles, or market conditions.

c.

Modification of Site-Specific Development Plan. In the event of amendments to a site-specific development plan, the effective vesting date of any amendment shall be the date of the approval of the original plan unless otherwise specifically provided in the action or document approving the amendment.

d.

Published Notice of Vested Rights.

i.

As soon as practicable following approval of a vested site-specific development plan, but in no case later than fifteen (15) days following approval, notice shall be published in a newspaper of general circulation in the Town generally advising the public of the approval and identifying the property where vested rights were approved. Such notice shall be substantially in the following form:

ii.

Notice is hereby given to the general public of the approval of a site specific development plan and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes and the Buena Vista Municipal Code pertaining to the following-described project and/or property: (Description of property)

iii.

The property shall be generally described in the notice and identify the ordinance or resolution granting such approval. The costs of publishing such notice shall be borne by the applicant.

e.

Referendum and Judicial Review. A vested site-specific development plan shall be subject to all rights of referendum and judicial review, except that the 30-day period in which to exercise such rights shall not begin to run until the publication of the notice of approval as provided for in this section.

6.7.4. Appeal.

A.

Purpose. The appeal procedure provides a process whereby persons claiming to have been aggrieved by a decision of the Town Administrator or other administrative officer or agency in administering this UDC may appeal that decision.

B.

Applicability. Any person may appeal any decision of any administrative officer or agency made in the administration or enforcement of this UDC. Appeals shall be made to the appropriate body as indicated in Table 6.1, Summary of Review Procedures, modified as follows:

1.

Appeals of Administrative or Other Boards or Commission Decisions, Generally. Appeals of administrative decisions or decisions by boards or commissions other than the Board of Adjustment or the Planning and Zoning Commission shall be made to the Board of Trustees, unless stated otherwise in this UDC.

2.

Appeals of Administrative Site Plans. Appeals of decisions on administrative site plans shall be made to the Planning and Zoning Commission.

3.

Appeals of Board of Adjustment, Planning and Zoning Commission, or Board of Trustees Decisions. Appeals of decisions by the Board of Adjustment, Planning and Zoning Commission, and the Board of Trustees shall be made to the District Court in accordance with state law.

C.

Appeal Procedure. Figure 6.R identifies the applicable steps from the common review procedures in 6.3 that apply to the appeal procedure. Additions or modifications to the common review procedures are noted below.

1.

Pre-Application Conference. An applicant may request an optional pre-application conference, held pursuant to Section 6.3.1.

2.

Application Submittal, Acceptance, Revisions, and Withdrawal. An appeal application shall be submitted, accepted, and may be revised or withdrawn pursuant to Section 6.3.2, with the following modifications:

a.

Burden of Proof on Appellant. The appellant has the burden of proving the necessary facts to warrant approval of an appeal by the appropriate decision-making body. Such proof shall be provided at time of a written application with the non-refundable application fee. If the appellant fails to provide facts warranting an appeal, the application shall be rejected.

b.

Time limit. Appeals shall be made in writing and filed with the Town Administrator within seven (7) days of the action or decision being appealed.

c.

Stay of Proceedings. An appeal stays all proceedings from further action unless the Town Administrator determines that a stay would create adverse impacts to the health, safety, and welfare of the Town or subject neighborhood.

3.

Staff Review and Action. Staff shall review the application and prepare a staff report pursuant to Section 6.3.3, with the following modifications:

a.

Staff shall only review the application to confirm that it is complete and that the appeal is heard by the appropriate review body.

b.

The staff report shall not make a formal recommendation, but rather shall include only the necessary facts to warrant an appeal, which shall be provided by the appellant.

4.

Scheduling and Notice of Public Hearings. An appeal shall be scheduled for a public hearing before the Board of Adjustment, Planning and Zoning Commission, or Board of Trustees, and noticed pursuant to Section 6.3.4.

5.

Planning and Zoning Commission or Board of Trustees Review and Decision.

a.

The appropriate decision-making body shall consider the following in determining whether to affirm, reverse, or amend the decision or interpretation made by another decision-making body:

i.

The facts stated in the application, as presented by the appellant and/or the Town Administrator;

ii.

Whether the UDC was applied correctly; and

iii.

Consistency with the Comprehensive Plan.

b.

The appeal decision-making authority may reverse a previous decision in whole or in part, or may modify the order, requirement, decision, or determination appealed from.

c.

The appeal decision-making authority may attach conditions of approval on any appeal to ensure the health, safety, and welfare of the Town.

6.

Post-Decision Actions and Limitations. Any further appeals from the appropriate appeal decision-making authority shall be made as provided by law.

(Ord. 3 §11, 2020)

6.8.1. Purpose and Applicability.

A.

Purpose. The Affordable Housing Expedited Review process is established to implement the "fast track approval process" for affordable housing that is contemplated by Section 29-32-105(2), C.R.S. It is the intent of the Board of Trustees to implement the affordable housing development objectives of Proposition 123 and to maximize state funding that may be available under its terms.

B.

Eligibility.

1.

The Affordable Housing Expedited Review shall apply to developments in which fifty percent (50%) or more of the dwelling units are Affordable Housing. This shall include mixed-use developments meeting this threshold.

2.

Application types that are subject to expedited review include: Administrative Adjustments, Zoning Authorizations, Building Permits, Site Plans (Major or Minor), Special Use Permits, Variances, and Civil or Construction Drawings.

3.

Application types that are exempt from expedited review include: Appeals, Pre-Application Reviews, Major or Minor Subdivisions, Condominiumizations, Planned Unit Developments, Accessory Use Permits, Annexations, or Rezoning.

C.

Applicability. The Affordable Housing Expedited Review provides a prioritized approval process by which a final decision for a qualifying Buena Vista affordable housing development is reached not more than ninety (90) calendar days after submission of a complete application, subject to the following:

1.

Review procedures shall adhere to the requirements set forth in Article 16.06 of this UDC. Major or minor site plans that qualify for Affordable Housing Expedited Review are not subject to call up.

2.

The review period may be extended for an additional ninety (90) days at the request of the applicant, for the purposes of compliance with state law or court order, or for a review period required by another agency for any component of the application requiring the other agency's approval;

3.

The review period may include extensions to allow for the submission of additional information or revisions to an application in response to requests from the Town. However no extension under this Subsection shall extend more than thirty (30) calendar days after submittal of receipt of the response to the Town's request.

4.

Definition of a Ninety (90) Day Timeline.

a.

Start Date. Upon submission of a complete application, as determined by the Planning Department. Any deficiencies or missing items shall not constitute a complete application.

b.

End Date. Final decision by the appropriate decision-making body pursuant to Table 6.1: Summary of Review Procedures.

c.

Continuous Timeline. Runs uninterrupted from complete application to final decision. Only pauses for properly exercised extensions outlined in Subsections 6.8.1.B.2 and 3.

D.

Prioritization. Applications within the Affordable Housing Expedited Review are given priority in the Town's development review process with regard to placement on the agendas of the Planning and Zoning Commission, Board of Trustees, and Board of Adjustment, as applicable. A special meeting may be called by the Planning Commission, Board of Trustees or Board of Adjustment, pursuant to applicable noticing requirements in Section 6.3.4.

E.

Participation. Participation in the Affordable Housing Expedited Review is optional. Any developer may opt out of expedited review in writing and an applicant may withdraw in writing from the program at any time.

F.

Concurrent Review. Any application for which the expedited review is applicable is subject to concurrent review. Any of the applications may be submitted concurrently with another application for an expedited review. Concurrent review will take place if practicable, as determined by staff.

G.

Neighborhood Meeting. Should a neighborhood meeting be required, the meeting must be held within forty (40) days of the Start Date. Failure to hold the meeting or to provide documentation as described in Section 6.3.2.H.3 may constitute rationale for an extension outlined in Section 6.8.1.B.3.

(Ord. 14 §1, 2025)