This Chapter shall apply to any application or request for land use approval actions under this Title.

(Ord. No. 2019-028, § 1, 9-17-2019)

A.

For each step of the development process, the applicant may be required to hold a preapplication conference with appropriate representatives of the Town. The Development Procedures Manual establishes guidelines for a preapplication conference.

B.

The purpose of the preapplication conference is to inform the applicant of applicable procedures, submittal requirements, development standards, infrastructure needs, comprehensive master plan alternatives, and other pertinent factors affecting the property before the applicant finalizes a development proposal.

C.

Staff opinions presented during preapplication conferences are informational only and do not represent a commitment on behalf of the Town regarding support for a final decision on the development proposal. Materials submitted for review at a preapplication conference do not constitute an "application" for development for purposes of C.R.S. § 24-68-101, et seq.

(Ord. No. 2019-028, § 1, 9-17-2019)

A.

Application fees are established at levels generally designed to cover anticipated costs incurred by the Town in the review and processing of land use applications. Land use application fees shall be set in the Development Services Fee Schedule (see Section 15.01.020, CRMC), as amended from time to time.

B.

All fees paid are nonrefundable, with the exception of those requests which are withdrawn or terminated by the applicant prior to the initial administrative review of such application. The fees indicated in this fee structure shall be paid by all applicants. The Manager shall determine other exceptions on a case-by-case basis, upon written request of the applicant and submitted through the Director. Under no circumstances, except as noted in this Section, will any land use application be accepted for processing without the appropriate fee(s) being paid when fees are required.

C.

The Manager is authorized to waive, reduce or defer payment of any fee or charge imposed by this Title if it is determined that there are unique and compelling circumstances that render the imposition of such fees in strict accordance with this Title inequitable with respect to a particular application, site or building.

(Ord. No. 2019-028, § 1, 9-17-2019)

Applicants are required to hold neighborhood meetings on development applications in accord with the provisions below. The Development Procedures Manual establishes guidelines for neighborhood meetings. The pre-application neighborhood meeting must be held within one (1) year prior to an application submittal.

A.

Applicants who submit a Rezoning application in conjunction with an application for annexation are required to conduct neighborhood meetings (i) one meeting prior to application submittal to the Town; (ii) one meeting following application acceptance by the Town; and (iii) one meeting upon completion of application review prior to scheduling the public hearing before Planning Commission. In addition, Town staff may request that an Applicant conduct additional neighborhood meetings.

B.

Applicants who submit an application for Rezoning or major PD amendment are required to conduct neighborhood meetings (i) one meeting prior to application submittal to the Town; (ii) one meeting following application acceptance by the Town; and (iii) one meeting upon completion of application review prior to scheduling the public hearing before Planning Commission. In addition, Town staff may request that an Applicant conduct additional neighborhood meetings.

C.

Town staff may request applicants who submit an application for a site development plan or Use by Special Review to conduct neighborhood meetings: (i) one meeting prior to application submittal to the Town; (ii) one meeting following application acceptance by the Town; and (iii) one meeting upon completion of application review prior to scheduling the public hearing before Planning Commission.

D.

The Manager may waive one or more of the neighborhood meeting requirements for good cause (i.e., materiality lack of controversy, attendance, etc.).

(Ord. No. 2019-028, § 1, 9-17-2019)

A.

The notice requirements for public hearing on the designated applications shall be as follows:

¹  This section does not apply to annexations of Town-owned property that do not consist solely of public streets and/or right-of-way. All other annexations require additional notice pursuant to Chapter 20.02, CRMC.

(Ord. No. 2023-040, § 2, 1-2-2024; Ord. No. 2019-028, § 1, 9-17-2019)

A.

All land use applications for which this Title mandates public hearings shall be subject to the requirements set forth in this Chapter. Noticing of public hearings is intended to provide for the opportunity for public participation or public information on land use and development applications within the Town.

B.

The applicant shall be responsible for providing written notice and certifying by affidavit that the posting of the property for the public hearing is in accordance with these requirements.

1.

Written notice. Written notice of a public hearing shall be sent by first-class mail at least fifteen (15) days prior to the date on which the public hearing is to be held. Notice is considered sent on the date it is postmarked by the U.S. Postal service. Written notice shall be sent to owners of the property which is subject of the public hearing and to owners of property and homeowner associations in accordance with the following schedule:

The Manager may require an expanded notification area if the Manager reasonably determines that the project has a substantial regional impact. In compiling the names and addresses of the notice recipients, the applicant may rely on the accuracy of the public records of Douglas County, Colorado, as those records exist thirty (30) days prior to the hearing.

2.

Posted notice. The real property proposed to be developed shall be posted with a sign giving notice to the general public of the proposed development at least fifteen (15) days prior to the date on which the public hearing is to be held. For parcels of land exceeding ten (10) acres in size, two (2) signs shall be posted. The size of the sign is established in accordance with the standards set forth in the Development Services Procedure Manual, as amended from time to time. Such signs shall be generated by the Development Services Department and shall be posted on the subject property by the Town or, if directed by the Director, the applicant in a manner visible to the public and, whenever possible, at the nearest right-of-way adjacent to the property or, otherwise, at a location(s) reasonably calculated by the Director to afford the best notice to the public. Once the sign is posted, the applicant is responsible for ensuring the sign is maintained in accordance with the requirements set forth in the Development Services Procedures Manual.

3.

For purposes of this Section, "adjacent property" means a property that shares a property line, in whole or in part, with, or is directly across a street right-of-way from the subject property.

C.

The Town shall post a notice of the hearing on the Town's website seven (7) days prior to such public hearing, in the usual and customary location within the website for such notices. For the purpose of this Section, website shall mean the Town's website www.CRgov.com.

D.

At its expense, the Town may initiate community outreach and expand notification concerning an application or public hearing beyond the minimum requirements set forth in this Chapter.

E.

Prior to the first noticed public hearing, the applicant or applicant's representative shall provide the Development Services Department affidavits demonstrating good faith and substantial compliance with Subsection B above. The form and content of the notice and affidavit shall comply with the standards set forth in the Development Procedures Manual.

F.

The standard for compliance with the notice provisions of this Section shall be substantial compliance. The Director shall determine if substantial compliance with these provisions has been demonstrated and that administrative decision shall be final and binding. In the event the Director determines that the notice does not meet the substantial compliance standard, such noticed hearing shall be vacated and the matter re-noticed.

G.

Notwithstanding any provision of this Section to the contrary, the following shall not affect the validity of any hearing, meeting or determination under this Title 17:

1.

The fact that written notice was not mailed as required under the provision of this Section, provided that the applicant acted in good faith in making the mailing;

2.

The fact that written notice, mailed as required under the provision of this Section, was not actually received by one (1) or more of the intended recipients; or

3.

The fact that signage, posted in compliance with the provision of this Section, was subsequently damaged, stolen or removed either by natural causes or by persons other than the person responsible for posting such signage or their agents.

H.

Notice of an application that has been remanded to Planning Commission in accordance with Subsection 17.04.090.E shall be by website notice five (5) days prior to the public hearing of the Planning Commission.

(Ord. No. 2025-013, § 8, 4-15-2025; Ord. No. 2023-007, § 2, 4-4-2023; Ord. No. 2019-028, § 1, 9-17-2019)

Prior to any administrative approval under this Title, the application shall be noticed accordance with the Development Procedures Manual.

(Ord. No. 2019-028, § 1, 9-17-2019)

Notice requirements to mineral estate owner.

A.

As used in this Section, the following terms shall have the following meanings:

Mineral estate means an interest in real property that is shown by the real estate records of the county in which the real property is situated and is not owned as part of the full fee title for the real property.

Mineral estate owner means the owner or lessee of a mineral estate for which notice is required pursuant to this Section, and for which the records of the County Clerk and Recorder allow the applicant to reasonably, and in good faith identify the mineral estate owner.

B.

The following applications for development shall be subject to the notice procedures to mineral estate owners outlined herein:

1.

PD Plan;

2.

Site Development Plan;

3.

Use by Special Review; or

4.

Plat (see Title 16, CRMC).

C.

Notice requirements. Where the mineral estate is severed from the surface estate, the applicant shall within thirty (30) days of the submittal of an application for development:

1.

Send notice by first-class mail to the mineral estate owner, which notice includes the subject of the application, the location and legal description of the property that is the subject of the application, the name of the applicant, and if applicable, the time and place of the first public hearing and the nature of the hearing;

2.

Send notice to the Town containing the name and address of the mineral estate owner; and

3.

Certify to the Town, prior to or at the first scheduled public hearing on the application, that proper notice has been provided to the mineral estate owner. Such certification shall consist of a statement indicating compliance with this Section, as well as a certificate of mailing, attached to the notice sent to the mineral estate owner.

D.

An application will not be eligible for public hearing or further action without compliance with this Section.

E.

If an applicant files more than one application for development for the same new surface development, the applicant shall only be required to send notice of the initial public hearing scheduled for the first application for development to be considered by the Town.

F.

The mineral estate owner may waive the right to notice under this Section in writing to the applicant and receipt of this waiver by the Town shall satisfy the notice requirements contained herein.

(Ord. No. 2019-028, § 1, 9-17-2019)

Unless modified by the presiding officer of the hearing body, public hearings under this Title shall be conducted in substantial compliance with the following provisions:

A.

Rights of all persons. Any person may appear at a public hearing and submit evidence whether individually or as a representative of a person or an organization. Electronic mail received by the Town prior to the hearing shall be considered part of the public hearing record, if so accepted into the record by the presiding officer.

B.

Exclusion of testimony. The presiding officer of the hearing body may exclude testimony or evidence that the officer finds to be irrelevant, immaterial, or unduly repetitious.

C.

Continuance of a public hearing. A public hearing may be continued for any good cause to a fixed date, time and place. All continuances shall be granted at the discretion of the body conducting the hearing. Continuance shall not be considered action on the application or prejudicial to such application.

D.

Decision and findings. Subject to Subsection E, below, upon conclusion of the public hearing, the body shall approve, approve with conditions, or deny the development application based on the criteria specified for the applicable application. Alternatively, the presiding officer of the meeting may direct staff to prepare written findings for ratification at a later meeting. The failure of the body to pass either a motion to approve or a motion to approve with conditions shall constitute a denial of the application.

E.

In lieu of making a final determination on an application, the Town Council may continue the public hearing to a date certain and direct the Planning Commission to (i) address specific questions or issues on the application, or (ii) review material modifications to the application made after the initial Planning Commission recommendation. The Planning Commission shall make findings specific to the remanded item(s). Notice of the Planning Commission hearing on the remand shall be in accordance with 17.04.060.G.

(Ord. No. 2019-028, § 1, 9-17-2019)

A.

Purpose and Intent. The purpose of this Section is to prescribe the process for the administrative approvals authorized in the CRMC.

B.

Authority. The Manager shall have the authority to act upon applications for administrative review in accordance with the provisions of this Section.

C.

Application, Notice and Referral Requirements. Applications, notices and referrals for administrative approval of a development plan shall be completed in accordance with the Development Procedures Manual.

D.

Decision. Upon review and consideration of a completed application based upon the applicable review criteria, the Manager shall make a decision to approve, conditionally approve, or deny the request. For matters that are considered to have special significance or impact, the Manager may defer action on such application and refer the application to the Planning Commission for public hearing and recommendation and then to the Town Council for public hearing and decision in accordance with the same protocol as prescribed in Section 17.04.110.

(Ord. No. 2019-028, § 1, 9-17-2019)

A.

Based on the following criteria, the Director may grant an administrative variance for setback or height for a single lot within any Zoning District when such variance results in no more than a ten (10) percent change to the originally approved setback or height restriction:

1.

The variance will not substantially alter the character of the neighborhood in which the property is located, or impair the use or development on adjacent property; and

2.

The variance will not create an adverse effect on public health, safety and welfare.

B.

If the Director denies a request for a setback or height variance as set forth in Subsection A, the applicant may appeal the decision to the Board of Adjustment. Approval with conditions may be considered a denial for the purpose of appeal. Such appeal shall be made in writing to the Director within fifteen (15) days of the Director's action. The Director shall schedule the appeal for public hearing before the Board of Adjustment. The public hearing before the Board of Adjustment shall be noticed in accordance with the provisions of Section 17.04.060.C.

C.

Variance requests for a setback or height adjustment that result in greater than a ten (10) percent change to the originally approved setback or height restriction or that affect more than one lot shall be determined by the board of adjustment.

(Ord. No. 2023-007, § 3, 4-4-2023; Ord. No. 2019-028, § 1, 9-17-2019)

A.

Filing Procedure. Any applicant aggrieved by or dissatisfied with the final administrative decision on a development project application or technical criteria variance of the Manager pursuant to Section 17.04.100 within fifteen (15) days following the date of such decision, may appeal such action by filing a written notice of appeal with the Town Clerk.

B.

Notice of Appeal Time Limit. A notice of an appeal by any applicant who is aggrieved by or dissatisfied with an administrative decision on an application shall not be acted upon unless filed within fifteen (15) days following the date of action.

C.

Notice of Appeal Contents. The notice of appeal shall set forth:

1.

The specific decision appealed from;

2.

The specific grounds of the appeal; and

3.

The relief or action sought from the Town Council.

D.

Process. An appeal triggers the processing requirements for a non-administrative application. The application shall be reviewed by the Planning Commission and Town Council in the same manner prescribed elsewhere in this Chapter.

(Ord. No. 2019-028, § 1, 9-17-2019)

A technical variance is a variance from any one of the provisions of the Technical Manuals (see Chapters 15.32 through 15.48, CRMC). A variance to any provision in the Technical Manuals can be approved either administratively, by Town Council following applicant appeal of an administrative decision, or processed concurrently with a PD Plan or Site Development Plan.

(Ord. No. 2019-028, § 1, 9-17-2019)

If an applicant fails to submit additional information requested by the Town, fails to respond to Town review comments, or otherwise take an affirmative action to advance an application under this Title for a period of one year or more, the application shall be considered an "inactive application." Unless extended by the Manager as further provided in this Section, an inactive application shall be void and the resubmittal of a new application and fees shall be required to renew the land use approval requested in the application. The Manager may grant an extension of time, for no more than one year, upon a written request by the applicant received by the Town within thirty (30) days of the date the Town notifies the applicant of the inactive status of the applicant. If no extension is granted, the Manager shall notify the applicant in writing that the application is void.

(Ord. No. 2019-028, § 1, 9-17-2019)