This Article contains regulations and the procedures for development applications. § 9-3-20 contains regulations that are generally applicable to all development application review procedures, described in a series of sequential steps. The purpose is to establish uniform procedures for application types to the extent possible. Subsequent sections identify the applicability of the common steps to specific procedures, noting any differences between the common procedures and those for the specific procedure. Specific procedure provisions supplement, rather than replace, provisions of the common steps, unless the provisions conflict, in which case the provisions of the specific procedure control. Table 9-3-10 indicates the specific review and approval procedures of this Chapter, with Section references.

 

(Ord. 395 §3, 2016)

   The following procedures shall apply to all development applications which are reviewed under this Article 3.

   (a)   Step 1: Pre-application conference. A pre-application conference is required for all development applications unless waived by the City Manager. The pre-application conference serves to assist the applicant with: (1) identifying information which must be provided for a complete development application; (2) understanding the development application review process; (3) identifying appropriate referral agencies for review and comment; (4) achieving compliance with development standards, understanding relevant planning issues; and (5) determining appropriate fees. The City Manager may include other City representatives in the pre-application conference as deemed appropriate. The applicant shall provide sufficient information to the City Manager at least five (5) business days prior to a scheduled pre-application conference, unless such time frame is waived by the City Manager. Minimum information shall include applicant information, property description, description of proposed development or nature of development application, and conceptual site plans or drawings which illustrate the nature of the development application. The City Manager may determine that the information provided is insufficient and request additional information. If the applicant fails to provide sufficient information for a pre-application meeting and seeks to proceed with the application process, the City Manager may notify the PZC and the Board of Trustees of the lack of adequate information submitted at the pre-application conference. The City Manager may provide a written letter after the pre-application conference summarizing application submittal requirements, review procedures, development standards, planning issues and required fees. The informal evaluation of the City Manager and staff provided at the pre-application conference are not binding upon the applicant or the City. Critical issues relevant to a development application may not be apparent at the pre-application conference and may require additional review, submissions or studies later in the application process.

   (b)   Step 2: Application submittal.

      (1)   Applicant. The owner of real property, or authorized representative of the owner with a properly acknowledged power of attorney, may submit a development application. No development application shall be received for processing or approved, and no application for a building permit shall be granted, when the applicant is in default under any related or unrelated agreement or obligation to the City.

      (2)   Application submittal requirements. The applicant shall submit the application to the City Manager. Application submittal requirements for every application type shall be established by the City Manager on submittal forms available at the Creede Town Hall. The City Manager may waive submission requirements where appropriate to specific applications; however, the waiver of any submission requirement shall not preclude the PZC or the Board of Trustees from requiring such information where deemed necessary for evaluation of the development application with the applicable review criteria. The minimum submittal requirements for all applications shall include:

         a.   Completed application form;

         b.   Owner's signature or an acknowledged power of attorney if the owner has authorized an agent or representative to act as the applicant;

         c.   Title insurance commitment which has been updated within sixty (60) days of the application submittal along with copies of all documents listed in the exceptions;

         d.   Legal description of the property subject to the development application;

         e.   Development application review fees; and

         f.   Survey for current owner and no more than three (3) years old stamped by a surveyor licensed in the State of Colorado. If property pins have not been maintained in a satisfactory manner or are in question, a new survey may be required.

      (3)   Required studies and reports. Reports or studies may be necessary to adequately evaluate the development application for compliance with the review criteria. Such reports include but are not limited to: studies of soils, geological hazards, fiscal impacts, market analysis, traffic impacts and/or environmental impacts. The applicant shall furnish the reports or studies needed at the applicant's sole expense. The City may require independent peer review of any report or study provided by the applicant. The applicant and the City may agree to retain a mutually acceptable consultant to prepare a report or study, which cost shall be paid by the applicant. All required reports or studies shall be executed by professionals or other persons qualified to provide the requested reports. The form and content of reports or studies may be established by the City Manager.

      (4)   Concurrent review permitted. Where multiple development applications concern the same property then the City Manager may permit concurrent review of the development applications for efficiency and practicality.

      (5)   Fees. Fees shall be paid in accordance with §9-1-100, Fees.

   (c)   Step 3: Application processing.

      (1)   Determination of completeness. A development application shall be reviewed for completeness by the City Manager within ten (10) business days after receipt. If the application is determined to not be complete then a written communication shall be promptly provided to the applicant indicating the specific deficiencies in the application. The determination that an application is complete or the failure to determine an application is incomplete within ten (10) days shall not preclude the City from requiring information which is necessary and relevant to evaluate the development application for compliance with the review criteria. A determination by the City Manager that the application is incomplete may be appealed to the Board of Adjustment in accordance with the procedures in §9-3-130, Appeal.

      (2)   Referral to other agencies. Development applications may be referred to other agencies for review and comment. The City Manager shall attempt to identify appropriate referral agencies and shall consider the comments from referral agencies as part of the staff review and report. The PZC and the Board of Trustees may determine that referral of a development application to an agency for review and comment is appropriate where such referral agencies may provide comments relevant to evaluating the development application for compliance with the review criteria. Referral of development applications to other agencies shall provide a minimum time frame for review and comment of fourteen (14) days for development plans, and twenty-one (21) days for preliminary subdivision, planned unit development, planned unit development amendments, and rezoning; however, the time frame for review and comment may be extended if the development application presents technical issues which require additional review, if additional information is provided by the applicant or the application is modified. Referral agencies may include, but are not limited to:

         a.   Any utility, local improvement or service district, or ditch company, when applicable;

         b.   The Colorado Department of Transportation when the proposed development is adjacent to or in sufficient proximity to affect a right-of-way, interchange or other facility;

         c.   The Colorado Geological Survey for findings and recommendations pertaining to geologic factors, including geologic hazards, mineralized areas, and sand and gravel areas that would have a significant impact on the proposed use of the land; and

         d.   Any other agency concerned with a matter or area of local interest that could be affected by the application.

      (3)   Staff review and report. The City Manager shall review the application in accordance with the criteria established in this Chapter and shall prepare written findings of fact. If authorized as the decision-making authority, the City Manager shall inform the applicant in writing of the findings and determination. If not authorized as the decision-making authority, the City Manager shall prepare a recommendation and submit the recommendation and findings to the appropriate review and decision-making authority.

      (4)   Required processing. Applicants shall be required to continuously and diligently pursue their development applications which shall include responding in a timely manner to staff comments and requests. An applicant which fails to respond to staff comments or requests for a period of three (3) months shall be administratively withdrawn by the City Manager unless the City Manager determines that good cause exists to extend the application time frame and approves such extension in writing.

   (d)   Step 4: Notice. Notice shall be required for all public hearings conducted by the Planning Commission and Board of Trustees.

      (1)   Published and posted notice. Notice shall be published in a newspaper of general circulation within the City and posted in the designated official places of posting by the City at least fifteen (15) days prior to the hearing date.

      (2)   Mailed notice. For procedures that require mailed notice, notice shall be sent by first-class mail to all real property owners within three hundred (300) feet of the property which is the subject of a development application, as measured from the boundary of the property. Mailed notice shall be postmarked at least fifteen (15) days prior to the meeting. Mailed notice shall be sent by the City at the applicant's expense. The Mineral County Assessor's records may be used to determine the addresses of real property owners. The City shall include a certificate of mailing in the public record.

      (3)   Notice content. Every required form of notice shall state the time and place of the hearing, the name of the applicant, a general description of the subject property indicating its location (which shall be shown by map), a brief summary of the subject matter of the hearing, a description of the proposed development, a statement that the application or information relating to the proposed change or amendment is available in the City Manager's office during regular business hours for review or inspection by the public and a statement that written comments may be submitted to the City. All required notices shall be approved by the City Manager prior to posting or distributing.

      (4)   Constructive notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed. Any person who appears at a public hearing is deemed to have received constructive notice and waived any grounds to challenge defective notice. If a question arises at the hearing regarding the adequacy of notice, the reviewing or decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Code. When the records of the City document the publication, mailing, and posting of notices as required by this Section, it shall be presumed that notice was given as required by this Section. If the reviewing or decision-making body takes action to continue a hearing to a future specified date, time and location, then constructive notice is deemed to have been provided for such continued hearing date and additional notices shall not be required.

   (e)   Step 5: Public hearings. The City Manager shall schedule a public hearing date before the PZC and/or Board of Trustees after a complete application has been received, City staff has completed City staff review and referral agencies have had an opportunity to provide comments. The City Manager may delay the scheduling of a public hearing to a subsequent meeting where an agenda of the PZC or Board of Trustees is full. A complete application shall be scheduled for an initial public hearing within seventy-five (75) days after the date that the application is determined to be complete unless the applicant consents to scheduling the public hearing on a later date. The PZC or Board of Trustees may continue a public hearing on its own initiative for a maximum of thirty-five (35) days after the date of the initial public hearing without the consent of the applicant. PZC or Board of Trustees may continue a public hearing for a maximum of ninety-five (95) days with the consent of the applicant. To the extent practical, the City shall strive to combine public hearings and noticing requirements.

   (f)   Step 6: Review and decision. The following rules shall apply to review, recommendations and decisions conducted at public hearings.

      (1)   Review criteria. The reviewing authority shall be the City Manager when the City Manager has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or the Board of Trustees for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code as well as the following general criteria which shall apply to all development applications:

         a.   The development application is complete;

         b.   The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria;

         c.   The development application complies with the goals and policies of the Creede Comprehensive Plan; and

         d.   The demand for public services or infrastructure exceeding current capacity is mitigated by the development application.

      (2)   Authority to require additional studies. If the reviewing authority finds that the submittal materials are not adequate to evaluate the development against the review criteria, it may require additional studies as necessary. In doing so, the reviewing authority shall indicate the specific consequence(s) or concern(s) for which the standard submittal requirements fail to provide adequate means of evaluation and the data or information needed for proper evaluation. The results of any study or analysis shall not dictate either approval or disapproval of the proposed project.

      (3)   Findings. The reviewing authority shall adopt written findings which document that a recommendation or decision is based upon a determination of whether the development application complies with the applicable review criteria. The written findings shall state the conditions or mitigation.

      (4)   Conditions. The reviewing authority may recommend approval, or may approve, a development application with conditions where such conditions are deemed necessary to ensure compliance with the applicable review criteria and the purpose and intent of this Development Code. Conditions shall be in written form and attached to the approved plan, plat or permit. Conditions may include specific time limits for performance of any condition. Conditions may include financial performance guarantees from the applicant where the condition requires improvements for mitigation, where deemed necessary to public health, safety, or welfare, or where deemed necessary to protect adjacent property or public infrastructure. Financial performance guarantees shall be in the form of an agreement which is acceptable to the City and shall be executed by the applicant.

      (5)   Final decision. A decision by the City Manager or the BOT shall become final unless a written appeal is timely submitted to the City in accordance with §9-3-130, Appeal. The date of the decision shall be the date that the reviewing authority renders a decision. The City shall mail the written findings and notification of decision to the applicant within five (5) working days of the decision of the reviewing authority. The Board of Trustees reserves the authority to render a final decision on all decisions rendered under this Development Code and only a decision of the Board of Trustees may be subject to legal challenge. The failure to timely submit a written appeal of a decision of the City Manager or the BOT shall be deemed to be a waiver of any right to legally challenge such decision.

   (g)   Minor amendment. The applicant may apply to the City Manager for minor amendments to an approved development application. Minor amendments to an approved development application may be approved, approved with conditions or denied administratively by the City Manager. The City Manager is authorized to approve minor amendments only if the development approval, as so amended, complies with the standards of the Development Code. The City Manager may refer a minor amendment to the decision-making body that was responsible for the original approval if the City Manager determines the amendment may result in a material change to the approved development application. Proposed amendments to an approved development application which are determined by the City Manager to not be a minor amendment shall be reviewed and processed in the same manner as would be required under this Development Code for the original application for which the amendment is sought and shall include full application fees. Minor amendments shall consist of any of the following:

      (1)   Any change to any permit or other form of approval that was originally subject only to administrative review and was approved by the City Manager, provided such change would not have disqualified the original application from administrative review under this Development Code had it been requested at that time; and provided that the minor amendment does not result in an increase of more than ten percent (10%) in the amount of square footage of a land use or structure and does not result in a change in the types of uses in the project.

      (2)   Correction of any errors caused by mistakes that do not materially alter the substance of the development plan or plat as represented to the Board of Trustees.

      (3)   A change to an approved design which results in a five percent (5%) or less increase to lot coverage; access and parking configurations which are less than ten (10) feet; alterations to the landscaping plan or drainage plan which substantially comply with the original approval; and, as are all determined by the City Manager.

      (4)   Changes to an approved development application which do not result in:

         a.   An increase in the approved number of dwelling units;

         b.   An increase in the amount of square footage of a non-residential land use

         c.   A change in the housing mix or use mix ratio; or

         d.   A change in the character of the development.

   (h)   Termination of approval. All development approvals shall expire and become void one (1) year after the date of the approval if a building permit has not been issued prior to the expiration date, except when a different duration is specified in the development approval, a different duration is specified in the specific procedures for the development approval or a request for extension is approved by the reviewing authority which granted the original development approval. The owner shall submit a written request for an extension to the City Manager prior to the expiration date and shall state the reasons and circumstances for such extension request. The City Manager and/or the PZC may provide one (1) extension for a maximum of one (1) year. The Board of Trustees may provide multiple extensions and may provide extensions greater than one (1) year.

(Ord. 395 §3, 2016)

   This Section sets forth procedures for reviewing proposed amendments to the texts and maps of the Creede Comprehensive Plan. The amendment process is established in order to provide flexibility in response to changing circumstances, to reflect changes in public policy and to advance the general welfare of the City.

   (a)   Review procedures. Applications to amend the Creede Comprehensive Plan shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications to amend the Comprehensive Plan may be initiated by the Board of Trustees, any registered voter of the City of Creede or any property owner in the City of Creede.

   (b)   Review authority. The PZC shall review applications for amendments to the Creede Comprehensive Plan and shall provide a recommendation to the Board of Trustees after conducting a public hearing. The Board of Trustees shall render the final decision on an application to amend the Creede Comprehensive Plan after conducting a public hearing. Amendments to the Creede Comprehensive Plan shall be approved by ordinance of the Board of Trustees.

   (c)   Review criteria. The PZC and Board of Trustees shall use the following review criteria as the basis for recommendations and decisions on applications to amend the Creede Comprehensive Development Plan:

      (1)   The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical;

      (2)   Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment;

      (3)   Public services and facilities have adequate current capacity, or planned capacity, to serve the land use proposed in the plan amendment;

      (4)   The proposed land use in the plan amendment will result in a better location or form of development for the City, even if the current plan designation is still considered appropriate;

      (5)   Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan;

      (6)   The proposed plan amendment will promote the purposes stated in this Development Code; and

      (7)   The proposed plan amendment will promote the health, safety or welfare of the Creede Community and will be consistent with the general goals and policies of the Creede Comprehensive Plan.

(Ord. 395 §3, 2016)

   The Board of Trustees may amend the text of the Development Code, including the adoption, modification, or replacement of appendices to the Development Code, pursuant to this Section. The purpose of a code text amendment is to address changed conditions, unintended consequences or changes in public policy, to advance the general welfare of the City.

   (a)   Review procedures. Applications to amend the text of the Development Code shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications to amend the text of the Development Code may be initiated by the Board of Trustees, any property owner within the City of Creede, or any registered elector within the City of Creede.

   (b)   Review authority. The PZC shall review applications to amend the text of the Development Code and shall provide a recommendation to the Board of Trustees after conducting a public hearing. The Board of Trustees shall render the final decision on an application to amend the text of the Development Code after conducting a public hearing. Amendments to the text of the Development Code shall be approved by ordinance of the Board of Trustees.

   (c)   Review criteria. The PZC and Board of Trustees shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code:

      (1)   The text amendment promotes the health, safety and general welfare of the Creede Community;

      (2)   The text amendment promotes or implements the goals and policies of the Creede Comprehensive Plan;

      (3)   The text amendment promotes or implements the purposes stated in this Development Code; or

      (4)   The text amendment is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions.

(Ord. 395 §3, 2016)

   The boundaries of any zone district may be changed, or the zone classification of any parcel of land may be changed, pursuant to this Section. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments to the Official Zoning Map that are necessary in light of changed conditions or changes in public policy or that are necessary to advance the general welfare of the City.

   (a)   Review procedures. Applications for a zoning amendment shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for zoning amendments may be initiated by the Board of Trustees or the property owner and may not be initiated by any other person.

   (b)   Review authority. The PZC shall review applications for zoning amendments and shall provide a recommendation to the Board of Trustees after conducting a public hearing. The Board of Trustees shall render the final decision on an application for zoning amendment after conducting a public hearing. Zoning amendments shall be approved by ordinance of the Board of Trustees.

   (c)   Review criteria. The PZC and Board of Trustees shall use the following review criteria as the basis for recommendations and decisions on applications for zoning amendment:

      (1)   Evidence of substantial compliance with the purpose of the Development Code;

      (2)   Consistency with the Creede Comprehensive Plan;

      (3)   Physical suitability of the land for the proposed development or subdivision;

      (4)   Compatibility with surrounding land uses;

      (5)   Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned;

      (6)   Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development;

      (7)   Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s);

      (8)   That, compared to the existing zoning the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation or such impacts will be substantially mitigated;

      (9)   That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract;

      (10)   For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and

      (11)   Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure.

   (d)   Mitigation. Zoning amendment applications which propose a greater intensity of land use or increased demands on public services or infrastructure shall be required to provide adequate mitigation of such impacts. Greater intensity of land use or increased demands on public facilities and infrastructure shall include, but are not limited to: transportation, water, sewer, schools, emergency services, police, parks and recreation, medical and library. Adequate mitigation may include providing dedications of land or cash-in-lieu for the proportionate share of capital investment in public facilities and infrastructure related to the potential incremental increase of demand created from the existing zoning classification to the proposed zoning classification.

(Ord. 395 §3, 2016)

   (b)   Permitted uses. Uses permitted in the PUD District shall be those uses permitted in the underlying standard zone district for the property. An applicant for a PUD District may request modifications to the permitted uses of the underlying zone district to remove those uses that may be deemed incompatible or inappropriate for the overall PUD development. Conditional uses may be permitted if it can be demonstrated that such uses meet the conditional use review criteria for the underlying zone district(s).

   (c)   PUD restrictions and general requirements. Properties utilizing the PUD District shall be subject to the following:

      (1)   There shall be no minimum lot, parcel or tract size for PUD applications.

      (2)   The area of land for the PUD may be controlled by one or more landowners and must be developed under unified control or a unified plan of development.

      (3)   Areas designated as private streets and/or common open space including land, an area of water, or a combination of land and water within the site designated for a PUD which are designed and intended primarily for the use or enjoyment of residents, occupants and owners of the PUD shall include provisions for the establishment of an organization for the ownership and maintenance of such private streets and/or common open space areas unless other adequate arrangements for the ownership and maintenance thereof are provided in a manner acceptable to the City.

      (4)   All requirements set forth in this Code otherwise applicable to the area of land proposed for a PUD shall govern, except to the extent that the unified plan of development for residential, commercial, educational, recreational or industrial uses or any combination thereof may propose exceptions in lot size, bulk, type of use, density, lot coverage, open space or other standards within the existing land use regulations.

      (5)   No PUD may be approved by the City without the written consent of the landowner whose property is included within the PUD.

   (d)   PUD approval procedure. All PUD District applications shall be submitted and processed in the same manner as applications for zoning amendments as set forth in §9-3-20, General Procedures and Requirements. Where deemed appropriate, the City may elect to require a PUD District application to also submit a subdivision plat concurrently with a PUD District application and shall process such subdivision plat in accordance with submittal requirements, procedures and standards for review set forth in §9-3-70 Subdivisions. To the extent practical, the City shall strive to combine public hearings and noticing requirements for both a PUD District application and accompanying subdivision plat application.

   (e)   Approval by ordinance. PUD Zoning and a PUD Plan shall be approved by ordinance.

   (f)   Application submittal requirements. In addition to information required for zoning amendments in §9-3-50, a PUD District application shall include the following:

      (1)   A PUD District application fee.

      (2)   A PUD Plan which depicts various land use areas on the property.

      (3)   PUD Zoning, including permitted, conditional and prohibited uses, building and site standards, minimum lot sizes and other applicable zoning regulations for various land use areas as depicted in the PUD Plan.

      (4)   A draft of all documents relevant to the PUD, including but not limited to proposed Development Agreements, Intergovernmental Agreements, Declarations for Common Owner's Associations.

      (5)   Written PUD description as part of the general development information which includes:

         a.   List all subdivision regulation exceptions proposed for the PUD;

         b.   Identify the underlying zoning district(s) for the property and describe any proposed modifications and/or restrictions to the allowed uses and/or standards within the district(s). If any conditional uses are requested, explain how the conditional use review criteria will be addressed;

         c.   Identify and explain the benefits which will be provided by the PUD to offset the impact of the modifications requested (i.e., if the minimum lot size is decreased, additional functional, centrally located common open space will be provided; or if the width of the local street right-of-way is decreased by eliminating on-street parking, then there will be designated parking areas with 500 feet of all residences, etc.). All proposed benefits must offset the proposed modifications;

         d.   Explain how the proposed PUD will be compatible with adjacent neighborhoods which now exist or are proposed in the future. Describe any proposed buffering techniques which serve to achieve such compatibility;

         e.   Explain how the PUD supports and implements the Creede Comprehensive Plan;

         f.   Explain any proposed phasing of the PUD;

         g.   Explain the process to amend the PUD Zoning or PUD Plan if different than then the Code; and

         h.   Provide any additional relevant information which the City may deem necessary.

   (g)   PUD review criteria. The following review procedures shall be used when considering a PUD District application:

      (1)   The PUD addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments.

      (2)   The PUD rezoning will promote the public health, safety and general welfare of the Creede community;

      (3)   The PUD rezoning is consistent with the Creede Comprehensive Plan and the purposes of this Development Code;

      (4)   Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development;

      (5)   The PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation or such impacts will be substantially mitigated;

      (6)   The PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and

      (7)   Future uses on the subject tract will be compatible in scale with uses on other properties in the vicinity of the subject tract.

   (h)   Amendments to a PUD development plan or PUD zoning. Amendments to a PUD Development Plan shall follow the process for initial zoning of a PUD District and approval of a PUD Development Plan and PUD Zoning unless otherwise set forth in an approved PUD Development Plan or PUD Zoning. Written notice of a public hearing for an amendment to a PUD Development Plan or PUD Zoning shall be sent to all property owners within the PUD District area. Unless restricted by the terms of a development agreement granting vested property rights, any property owner within the PUD District or the Board of Trustees of the City of Creede may initiate an amendment to a PUD Development Plan or PUD Zoning.

   (i)   Rezoning PUD districts. A PUD District, or portions thereof, may be rezoned to another zone district or districts in accordance with the procedures and standards for zoning amendments set forth in this Code. Written notice of a public hearing for rezoning a PUD District shall be sent to all property owners within the PUD District area. Unless restricted by the terms of a development agreement granting vested property rights, any property owner within the PUD District or the Board of Trustees of the City of Creede may initiate an application to rezone a PUD District.

(Ord. 395 §3, 2016)

   The purpose of the subdivision review procedures is to ensure compliance with all the standards and requirements in this Development Code, and encourage quality development consistent with the goals, policies and objectives in the Creede Comprehensive Plan.

   (a)   Applicability. The procedures of this Section shall apply to all subdivisions or re-subdivisions that result in the portioning, dividing, combining, or altering of any lot, parcel, or tract of land, including land used for condominiums, apartments, or any other multiple dwelling units or creation of an estate in airspace, except any subdivisions that are specifically excluded by state law. If a tract of land that has been created or subdivided in the past is later described as a single tract in deeds or plat by the legal or equitable owners, any later subdivisions of that tract, even if along the lines of the earlier subdivision, shall be subject to the requirements of these regulations. If any tract of land has been subdivided as one type of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example, conversion of a condominium subdivision to a timesharing subdivision), the conversion shall be subject to the requirements of this Development Code. Unless the method of disposition is adopted for the purpose of evading the requirements of the Development Code, this procedure shall not apply to any division of land that:

      (1)   Is created by a lien, mortgage, deed of trust or any other security instrument;

      (2)   Is created by any interest in an investment entity;

      (3)   Creates cemetery lots;

      (4)   Creates an interest or interests in oil, gas, minerals, or water that are severed from the surface ownership of real property;

      (5)   Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common of such interest. For the purpose of this Subsection, any interest in common owned in joint tenancy shall be considered a single interest; or

      (6)   Creates a leasehold interest with a term of less than twenty (20) years and involves no change in use or degree of use of the leasehold estate.

   (b)   Subdivision categories. Categories of subdivisions are established and defined as follows for the purpose of determining the appropriate subdivision review procedure:

      (1)   Major subdivision. Major subdivisions include all subdivisions which would create four (4) or more separate parcels of land or which would require or which propose public improvements.

      (2)   Minor subdivisions. Minor subdivisions include all subdivisions which would create less than four (4) separate parcels of land, subdivisions which do not require or propose public improvements, subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat, and subdivisions which move any lot lines by more than two (2) feet; but shall not include subdivisions which are administrative subdivisions. Condominium and timeshare subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivisions.

      (3)   Administrative subdivisions. Administrative subdivisions are subdivisions which include dividing a parcel of land for a duplex, subdivisions for the purpose of correcting survey errors, condominium and timeshare subdivisions up to four (4) units, and subdivisions which adjust lot lines by two (2) feet or less and which do not change the number of lots. The City Manager shall have the authority to determine that an administrative subdivision application shall be processed as a minor subdivision where the character of the subdivision application, or multiple applications, presents issues which warrant review and approval by the Board of Trustees. All administrative subdivisions are exempt from notice requirements outlined in §9-3-20(d).

   (c)   Review procedures. Applications for a subdivision shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for subdivision must be initiated by the owner of real property. The City Manager may combine preliminary plan and final plat review where the subdivision application can be reviewed efficiently and effectively with a combined process. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary plan incorporating the application requirements of both the PUD and subdivision preliminary plans. The provisions and procedures for public notice, hearing, and review for a PUD as prescribed in the Development Code shall apply to the application.

   (d)   Review authority. The review authority for a subdivision application shall be determined by the subdivision category.

      (1)   Major subdivision. Major subdivisions shall be required to obtain approval for preliminary plan and for final plat. The PZC shall review a preliminary plan for a major subdivision application and shall provide a recommendation to the Board of Trustees after conducting a public hearing. The Board of Trustees shall render the final decision on a preliminary plan for a major subdivision application after conducting a public hearing. The Board of Trustees shall review the final plat for major subdivision applications and render a final decision after conducting a public hearing. The preliminary plan and final plat for major subdivisions shall be approved by resolution of the Board of Trustees.

      (2)   Minor subdivision. Minor subdivisions shall require final plat review and approval only where no public improvements are proposed; however, the review criteria for a preliminary plan shall apply to review of minor subdivision final plats in addition to the review criteria for a final plat. The Board of Trustees shall render the final decision on a minor subdivision application after conducting a public hearing. Minor subdivisions shall be approved by resolution of the Board of Trustees.

      (3)   Administrative subdivisions. Administrative subdivisions shall require final plat review and approval only; however, the review criteria for a preliminary plan shall apply to review of administrative subdivisions in addition to the review criteria for a final plat. The City Manager shall review and render decisions on administrative subdivisions. A decision of the City Manager may be appealed to the Board of Adjustment pursuant to §9-3-130, Appeal.

   (e)   Preliminary plan review criteria. The reviewing authority will use the following review criteria as the basis for recommendations and decisions on applications for preliminary plat subdivision applications:

      (1)   The proposed subdivision shall comply with all applicable use, density and development standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Article and that would affect or influence the layout of lots, blocks, and streets. Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible;

      (2)   The subdivision application shall comply with the purposes of the Development Code;

      (3)   The subdivision application shall be consistent with the Creede Comprehensive Plan and other community planning documents;

      (4)   The land shall be physically suitable for the proposed development or subdivision;

      (5)   The proposed subdivision shall be compatible with surrounding land uses;

      (6)   Conveyance of water rights: In order to provide a continuing source of municipal water for the City of Creede, all subdivisions may be required to transfer water rights or provide a fee in lieu thereof;

      (7)   There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services;

      (8)   The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the City of Creede Comprehensive Plan;

      (9)   The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines;

      (10)   The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area;

      (11)   A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD;

      (12)   Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a "conditional capacity to serve" letter for the proposed subdivision;

      (13)   That the general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes of this Development Code;

      (14)   Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations;

      (15)   Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed;

      (16)   The subdivision application addresses the responsibility for maintaining all roads, open spaces, and other public and common facilities in the subdivision and that City can afford any proposed responsibilities to be assumed by the City;

      (17)   If applicable, the declarations and owners' association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the City; and

      (18)   As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing.

   (f)   Final plat review criteria. After approval of a preliminary plan, the applicant may submit an application for a final plat. The following criteria shall apply to review of a final plat subdivision application:

      (1)   The City Manager and/or Land Use Administrator shall compare the legal description of the subject property with the County records to determine that:

         a.   The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel;

         b.   The lots and parcels have descriptions that both close and contain the area indicated; and

         c.   The plat is correct in accordance with surveying and platting standards of the state.

      (2)   The final plat conforms to the approved preliminary plan and incorporates all recommended changes, modifications and conditions attached to the approval of the preliminary plan;

      (3)   The final plat conforms to all preliminary plan criteria;

      (4)   The development will substantially comply with all sections of the Development Code;

      (5)   The final plat complies with all applicable technical standards adopted by the City; and

      (6)   Appropriate utilities shall provide an ability to serve letter including, but not limited to, water, sewer, electric, gas, and telecommunication facilities.

   (g)   Public improvements guarantee. Guarantees for public improvements shall comply with the following:

      (1)   No final plat shall be approved or recorded until the applicant has submitted, and the PZC and the Board of Trustees have approved, a Subdivision Improvements Agreement (SIA) guaranteeing the construction of improvements shown in the final plat documents, which have not previously been completed and approved by the City. Such agreement shall set forth a method and a time schedule for construction of said improvements. The SIA shall run with and be a burden upon the land described in the agreement.

      (2)   The SIA shall contain a security arrangement approved by the City, which reasonably guarantees that the required improvements shall be completed. The guarantee may take the form of a performance bond or an irrevocable letter of credit. Such security arrangement shall provide that the City may cause the improvements to be completed if not completed pursuant to the timetable specified in the SIA. The cost of completion then will be paid pursuant to the security arrangement. The amount of security posted shall not limit the liability of the applicant to pay for the full cost of completion of the improvements.

      (3)   The security shall not be released until the City has inspected the improvements and accepted them as completed in accordance with the SIA and the warranty period has expired. The agreement shall require letters or receipts from all utility companies stating the required installations have been completed and paid for before the security is released.

      (4)   The applicant shall be responsible to correct and repair any defect in any improvements due to materials or workmanship which appears for a period of two (2) years from the date of approval of completion.

   (h)   Revocation. An approval of a final plat is revoked pursuant to this Section.

      (1)   Recording. The City shall cause the final plat and restrictive covenants, if any, to be recorded within ninety (90) days from the date of approval and acceptance of the Board of Trustees.

      (2)   Vacation. The final plat approval shall include a determination of a reasonable time by which the project should be completed. All plats given final approval shall contain a notation indicating the date by which a project is expected to be completed, that shall be prima facie evidence of a reasonable time by which the project should have been completed. A plat or any portion thereof that has been finally approved by the Board of Trustees and has been recorded shall be subject to vacation proceedings if the project that is the subject of the subdivision is not completed within the time set by the Board of Trustees.

      (3)   Extension. Extensions of the time limit for project completion may be obtained from the Board of Trustees for good cause shown, upon request by the applicant or owner of the tract, if made before vacation proceedings are instituted.

(Ord. 395 §3, 2016)

   (a)    Purpose. This Section provides a discretionary approval process for special review uses, that have unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use's operating characteristics and site development features and is intended to ensure that proposed use(s) will not have a significant adverse impact on surrounding uses or on the community at large.

   (b)   Applicability. A special review use (SRU) permit is required for any use allowed by special review as outlined in Table 9-4-170, Permitted Uses.

   (c)   Review procedures. Applications for a special review use shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for special review use may be initiated by the owner of property for which a special review use is desired.

   (d)   Review authority. The PZC shall review and render a recommendation to the Board of Trustees on an application for a special review use after conducting a public hearing.

   (e)   Review criteria. The PZC shall use the following review criteria as the basis for a recommendation on an application for a special review use:

      (1)   The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations;

      (2)   The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use-specific standards in the Development Code;

      (3)   The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics;

      (4)   Any significant adverse impacts (including, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable;

      (5)   Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and

      (6)   Adequate assurances of continuing maintenance have been provided.

   (f)   Expiration and preliminary review. SRU approvals may state a time frame for duration in the approval ordinance. If a time frame is stated then at least thirty (30) days prior to the expiration, the holder of the SRU approval may apply for a review hearing before the PZC. The PZC shall review the use against the criteria in §9-3-80(e) to determine whether the special review use will be allowed to continue. A SRU approval expires pursuant to this Section.

      (1)   Developments and uses granted by a special review use permit shall be developed or established in accordance with an approved development schedule or within two (2) years of the date of approval if no development schedule is established. Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall result in the expiration of the permit.

      (2)   If an approved use ceases operation for any reason for a period of one year, the special review use permit shall be deemed expired. If the conditions of a permit become the responsibility of a person or entity other than the applicant, the City Manager shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the applicant shall remain responsible. Such notice shall be attached to the permit on file at the City.

      (3)   If conditions of approval are not maintained, it shall be considered a violation of this Development Code and subject to revocation proceedings.

(Ord. 395 §3, 2016)

   In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Development Code as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. It is not the intent of this Section to allow variances in the classification of uses of property.

   (a)   Review procedures. Applications for a variance shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for variance may be initiated by the owner of property for which a variance is desired.

   (b)   Review authority. The Board of Adjustment shall review and render a decision on an application for a variance after conducting a public hearing. The decision of the Board of Adjustment may be appealed to Board of Trustees pursuant to §9-3-130, Appeal.

   (c)   Review criteria. The Board of Adjustment shall use the following review criteria as the basis for a decision on an application for a variance:

      (1)   The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of the Development Code without grant of special privilege;

      (2)   The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; and

      (3)   Such other factors and criteria related to the subject property, proposed development, or variance request as the decision-making body deems applicable to the proposed variance.

   (d)   Required findings. The Board of Adjustment shall make the following written findings before granting a variance:

      (1)   That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district;

      (2)   That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity;

      (3)   That the variance is warranted for one or more of the following reasons:

         a.   The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code;

         b.   There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; or

         c.   The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district;

   (e)   Conditions. A variance granted by the Board of Adjustment may contain limitations as to time or disposition or use of the tract in question in order to ensure that the stated purpose of the variance request is realized.

   (f)   Action notice. The City Manager shall notify the applicant for a variance in writing of the Board of Adjustment's action within five (5) days after a decision has been rendered.

   (g)   Expiration. The variance approval expires if a building permit is not obtained within one (1) year of the approval.

(Ord. 395 §3, 2016)

   The purpose of this Section is to provide procedures and standards for the vacation of right-of-ways in the City of Creede. The procedures and authority set forth in C.R.S. §43-2-301 et. seq. shall apply unless in conflict with any specific provision set forth in this §9-3-100, Right-of-Way Vacation. The vacation of public easements are also considered right-of-ways in this Section.

   (a)   Definitions incorporated. The definitions set forth in C.R.S. §43-2-301 are incorporated in this §9-3-100, Right-of-Way Vacation.

   (b)   Review procedures. Applications for the vacation of a right-of-way shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for vacation of a right-of-way may be initiated by the Board of Trustees or by a property owner abutting the right-of-way proposed for vacation. Applications to move or alter a right-of-way shall be processed as a subdivision application concurrently with a right-of-way vacation application, in which case the ordinance approving the vacation of a right-of-way, or portion thereof, shall also approve a final plat which results in the dedication of the moved or altered right-of-way or portion thereof. Public easement vacations can be processed as part of a major or minor subdivision application.

   (c)   Review authority. The Board of Trustees shall review and render the final decision on an application to vacate a right-of-way after conducting a public hearing. Vacation of a right-of-way shall be approved by ordinance of the Board of Trustees.

   (d)   Review criteria. The Board of Trustees shall use the following review criteria as the basis for a decision on an application to vacate a right-of-way:

      (1)   No right-of-way shall be vacated so as to leave any land adjoining the vacated right-of-way without an established public road or private-access easement connecting said land with another established public road;

      (2)   The right-of-way is determined to be platted on terrain which is not practical for the construction of a right-of-way due to terrain, topography, natural features or other constraints, and the right-of-way does not provide any other potential benefit to the public, including but not limited to utility connections, pedestrian or recreation connections, drainage or public landscaping;

      (3)   Sufficient easements for utilities, access or other purposes are retained;

      (4)   Compensation shall be required for the area of vacated right-of-way based upon the fair market value per square foot of the area vacated and the applied zoning. For the purposes of this provision, fair market value shall be determined by an independent appraisal by a duly licensed professional appraiser; and

      (5)   The vacated area of right-of-way shall be included in the same zone district as the abutting property to which the vacated right-of-way vests.

   (e)   Recording, deed. The ordinance vacating a right-of-way shall be recorded in the office of the Mineral County Clerk and Recorder. The ordinance shall authorize the Mayor or other designee to execute a quit claim deed on behalf of the City of Creede which quit claim deed shall reference any exceptions, easements or reservations of the vacation and shall be recorded in the Office of the Mineral County Clerk and Recorder.

(Ord. 395 §3, 2016; Ord. 426 § 1, 2021)

   The purpose of this Section is to provide procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended.

   (a)   As used in this Section, unless the context otherwise requires:

      (1)   Community planning document means the City of Creede Comprehensive Plan, any other planning documents adopted by the City of Creede through a public hearing process, and any planning document adopted by other governmental and quasi-governmental entities that provide public services or facilities to the City of Creede or which include the City of Creede within their service or planning boundaries.

      (2)   Site specific development plan means a planned unit development plan, or any amendment thereto, approved pursuant to §9-3-60, Planned Unit Developments, of this Code, together with a development agreement approved pursuant to §9-3-130 hereof. A site specific development plan that creates vested property rights may also include other development approvals if approved at the discretion of the Board of Trustees upon request by a property owner; however, such request shall not result in an application for a development approval other than a planned unit development plan to be treated as a site specific development plan for the purposes of C.R.S. §24-68-102.5(1).

      (3)   Vested property right means the right to undertake and complete the development and use of property under the express terms and conditions of a site specific development plan.

   (b)   Vested property right created.

      (1)   A vested property right shall be deemed to have been created only upon the approval of a site specific development plan in accordance with this Article.

      (2)   A vested property right shall only be created if approved by ordinance which may be combined with an ordinance approving a site specific development plan and an accompanying development agreement. Amendments to any site specific development plan shall be subject to this Article and shall have a new vested property right as determined by the Board of Trustees. Any approval of a site specific development plan, or amendment to an existing site specific development plan, that creates vested property rights shall be adopted by ordinance as a legislative act and shall be subject to referendum. When creating a vested property right, the Board of Trustees may expressly exempt, in whole or in part, administrative amendments to site specific development plans from additional review and approval by Board of Trustees under this Article.

      (3)   The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and which are applicable to all properties or a similarly situated class of properties subject to land use regulation by the City, including but not limited to the regulations contained in Chapter 18 of this Code, regulations concerning subdivision improvements and right-of-way dedications, and regulations establishing requirements and specifications for any public infrastructure or public facility improvements. Ordinances or regulations which are general in nature and which are applicable to all properties or a similarly situated class of properties subject to land use regulation by the City shall not be deemed to alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of a property with vested property rights regardless of the financial impact of such ordinance or regulation.

      (4)   The establishment of a vested property right shall not preclude the application of any legislatively adopted fees which are general in nature, uniform in character and applicable to all properties or a similarly situated class of properties.

   (c)   Notice and hearing. No site specific development plan shall be approved until after providing notice and conducting public hearings in compliance with §9-3-20(d).

   (d)   Notice of approval.

      (1)   Each map, plat, site plan or other document constituting a site specific development plan shall contain the following language: "Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, and Chapter 9, Article 3 of the Creede Municipal Code as amended."

      (2)   The failure of the document constituting a site specific development plan to contain the language specified in Subsection (d)(1) above may invalidate the creation of the vested property right in accordance with Article 68 of Title 24, Colorado Revised Statutes, and Chapter 9, Article 3 of the Creede Municipal Code, including the duration of the vested property right; and

   (e)   Duration of vested right.

      (1)   A property right vested pursuant to this Article after shall remain vested for a period of three (3) years. The Board of Trustees may approve a period of vested property rights exceeding three (3) years by approval of a development agreement, which shall be part of the site specific development plan.

      (2)   The guidelines in this §9-3-130(e)(2) shall be considered when determining whether to grant vested property rights for a period greater than three (3) years, provided that site specific development plans that are granted vested property rights for a period greater than three (3) years because of the size, phasing, or absorption rate of such site specific development plan should have separate vesting created for the various phases of the development, as set forth in §9-3-130(e)(4). It shall be the burden of the applicant to propose appropriate reasons for granting a vested property right that is greater than three (3) years. [Absorption rate is the rate that real estate is sold].

         a.   The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period;

         b.   Economic cycles, and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles;

         c.   Market conditions, and specifically but not limited to absorption rates for leasing and sales of similar development projects;

         d.   Compliance with the concepts of the City of Creede Comprehensive Plan and other community planning documents;

         e.   Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Creede community, including the degree to which such public amenities and benefits are defined in terms of design, time frame, and phasing with development;

         f.   Projected public financial benefits or costs estimated to be caused by the development project, including the time frame for realization by the City or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the City or other public entities;

         g.   The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the City's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose of meeting evolving community needs;

         h.   The terms of any existing site specific development plans with development agreements for the applicant's property that specify the duration of vested property rights;

         i.   Any proposed modifications to previously approved vested property rights to address changed conditions within the Creede community, compliance with the Comprehensive Plan and other community planning documents, or performance of previously approved site specific development plans; and

         j.   Any other factors deemed relevant by Board of Trustees when determining to grant a vested property right for a period greater than three (3) years.

      (3)   The City may approve a site specific development plan subject to such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare of the Creede community.

      (4)   Any site specific development plan for a multiple-phase development approved after may have separate vesting created for each phase. The vesting for any subsequent phase may be contingent upon completion of the preceding phase and review by the Board of Trustees. Such review shall include but not be limited to whether the landowner, developer, successors or assigns are in compliance with its obligations to the City, including but not limited to the terms and conditions of a site specific development plan, a development agreement and any other agreements between the landowner, developer, successor and assigns and the City, as they may have been amended from time to time.

   (f)   Extension of vested property rights. A landowner may request an extension of vested property rights by submitting an application for extension of vested property rights at least six (6) months prior to the expiration of the vested property rights. No application for extension of a vested property right shall be approved until after providing notice and conducting public hearings in compliance with §9-3-20(d). The guidelines in §9-3-130(e)(2) shall be considered when determining whether to grant an extension to a vested property right. An extension of a vested property right shall be approved by ordinance. The notice of approval provisions in §9-3-130(d)(1) above shall apply to any approval for extension of vested property rights.

(Ord. 395 §3, 2016)

   (a)   Failure to abide by the terms and conditions of a vested property right will result in a forfeiture of the vested property rights in accordance with the procedures set forth herein.

   (b)   The process to consider forfeiture of vested property rights shall be initiated by passage of a resolution by the Board of Trustees stating the grounds therefore.

   (c)   No vested property right shall be deemed forfeited until after providing notice and conducting a public hearing. Notice shall be provided by publishing notice in a newspaper of general circulation, posting notice in the designated official places of posting, and mailing notice to the property owner sent to the address of record according to the County Assessor's records via first class United States mail at least thirty (30) days prior to the date of a hearing. A copy of the resolution initiating the process to consider forfeiture of the vested property right shall be included with the mailed notice to the property owner.

   (d)   At the hearing, the Board of Trustees shall consider all evidence and testimony presented concerning any failure to abide by the terms and conditions of a vested property right. The Board of Trustees may continue the public hearing to allow additional evidence to be gathered and presented.

   (e)   If Board of Trustees finds a failure to abide by the terms and conditions of the vested property right, the Board of Trustees may take action by ordinance to declare the vested property rights forfeited. The forfeiture of a vested property right shall have no effect upon public streets, alleys, rights-of-way, or other lands or easements previously dedicated or conveyed to the City or other public entities pursuant to the terms of a site specific development plan. Upon forfeiture of vested property rights, the site specific development plan shall be subject to all zoning, land use, and general regulations in effect at the time of forfeiture and as such may be amended from time to time thereafter.

(Ord. 395 §3, 2016)

   This Section implements and sets forth procedures for the regulation of the location, character and extent of public facilities as provided by C.R.S., §31-23-209, Legal Status of Official Plan, as amended. It is the intent of this Section to conform to the provisions of C.R.S. §31-23-209, to define the factors to be considered in the "Location, Character and Extent" process, and to prescribe procedures for the orderly consideration of Location, Character and Extent applications in order to effectuate the purposes of the state statute.

   (a)   Applicability. No road, park, public way, ground, or space, no public building or structure, and no major facility of a public utility shall be constructed or authorized, and no building permit for the same shall be issued, in the City unless and until the proposed location, character and extent thereof has been submitted to and approved by the City. Routine extensions of public utility lines and minor modifications to existing facilities shall not be subject to this procedure.

   (b)   Review procedures. Applications for location, character and extent shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for location, character and extent may be initiated by the owner or the governmental body having jurisdiction over the public facility. Applications for location, character and extent may be combined with other applications procedures and submittal requirements, including but not limited to development plan, design review and subdivision. The failure of the PZC and the Board of Trustees to act within sixty (60) days from and after the date of official submission of a complete application to the City shall be deemed approval of such application.

   (c)   Review authority. The PZC shall review applications for location, character and extent after conducting a public hearing. The PZC may approve, approve with conditions or deny an application for location, character and extent. In case of disapproval or approval with conditions which are not acceptable to the applicant, the PZC shall communicate its reasons to the Board of Trustees. The Board of Trustees shall review such decision of the PZC as soon as practical after conducting a public hearing and shall have the power to overrule or modify such decision by a majority vote. The public hearing by the Board of Trustees shall require posted notice no less than thirty (30) days prior to the hearing. If the public way, ground space, building, structure, or utility is one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the municipal governing body, the submission to the PZC shall be by the governmental body having jurisdiction. The decision by the Board of Trustees to disapprove, or approve with conditions which are not acceptable to the governmental body having jurisdiction, may be overruled by said governmental body by a vote of not less than two-thirds of its membership.

   (d)   Review criteria. The PZC and the Board of Trustees shall use the following review criteria as the basis for recommendations and decisions on applications for location, character and extent:

      (1)   Evidence of substantial compliance with the purpose of the Development Code;

      (2)   Consistency with the Creede Comprehensive Plan;

      (3)   Physical suitability of the land for the public way, place, structure, facility or utility;

      (4)   Compatibility with surrounding land uses; and

      (5)   Adequate mitigation of adverse impact on nearby properties or neighborhoods, including by not limited to traffic, noise, odors, vibrations, and property values.

(Ord. 395 §3, 2016)

   This Section sets forth the procedures to appeal a decision of the City Manager which is made pursuant to this Development Code. Only a final decision of the City Manager may be appealed. Recommendations to a decision making authority are not subject to appeal.

   (a)   Appeal procedures. An appeal may be submitted by an applicant for a development approval, a party in interest that has received notice of the development application or a member of the Board of Adjustments. The appellant must provide a written request for appeal of a decision of the City Manager to the City Clerk within fourteen (14) days after the date of the decision. The Board of Adjustment shall conduct a public hearing within forty-five (45) days of receipt of a written request for appeal. Written notice of the public hearing date, time and location shall be mailed to the appellant via first class United States mail at least ten (10) days prior to the public hearing.

   (b)   Review authority. The Board of Adjustment shall review appeals of decisions of the City Manager after conducting a public hearing. The Board of Adjustment shall render the final decision on an appeal.

   (c)   Review criteria. The Board of Adjustment shall use the applicable review criteria to the decision that is appealed. Board of Adjustment shall review decisions de novo.

   (d)   Decision. The Board of Adjustments shall, in writing, confirm, modify or reverse the decision within thirty-five (35) days of holding the public hearing on the appeal. Any decision by the Board of Adjustments that results in action modifying or reversing the decision of a City body or officer shall describe the specific reasons for the modification or reversal. Action of the Board of Adjustments shall become final immediately. Failure of the Board of Adjustments to act within the forty (40) additional days shall be deemed action confirming the decision unless the applicant consents to an additional time extension. A final decision of the Board of Adjustments may be challenged in district court in accordance with Rule 106(a)(4), Colorado Rules of Civil Procedure, provided that such appeal is filed no later than thirty (30) days after the date of the final decision.

   (e)   Board of Adjustments decision final. A decision of the Board of Adjustments is final. An aggrieved person may appeal a decision of the Board of Adjustments to the district court or to another state or federal court of competent jurisdiction.

(Ord. 395 §3, 2016)