This chapter contains regulations and the procedures for development applications. Section 10.16.020 contains regulations that are generally applicable to all development application review procedures and Table 10.16-1, Review Process Chart, found at the end of this chapter indicates specific review and approval authority and procedures. 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.

(Ord. No. 711, § 1, 2-17-2022)

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

(1)

Step 1: Pre-application conference. A pre-application conference is required for all development applications, except minor use or building permit applications, unless waived by the manager. The pre-application conference serves to assist the applicant with:

a.

Identifying information which must be provided for a complete development application;

b.

Understanding the development application review process;

c.

Identifying appropriate referral agencies for review and comment;

d.

Achieving compliance with development standards, understanding relevant planning issues; and

e.

Determining appropriate fees.

The manager may include other town and agency representatives in the pre-application conference as deemed appropriate. The applicant shall provide sufficient information to the manager at least five business days prior to a scheduled pre-application conference, unless such time frame is waived by the manager. Minimum information shall include:

f.

Applicant information;

g.

Property description;

h.

Description of the proposed development or nature of the development application; and

i.

Conceptual site plans or drawings which illustrate the nature of the development application.

The 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 manager and staff provided at the pre-application conference are not binding upon the applicant or the town. 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.

(2)

Step 2: Application submittal.

a.

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 town.

b.

Application submittal requirements. The applicant shall submit the application to the manager. Application submittal requirements for every application type shall be established by the manager on submittal forms available in the appendices to this Code. The manager may adopt standards and requirements for electronic and graphic information for application submittal requirements. The manager may waive submission requirements where appropriate to specific applications; however, the waiver of any submission requirement shall not preclude the planning commission or Council 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:

1.

Completed application form;

2.

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

3.

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

4.

Legal description of the property subject to the development application;

5.

Development application review fees; and

6.

Survey no more than three years old stamped by a surveyor licensed in the State of Colorado.

c.

Required studies and reports. Reports or studies as 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 town may require independent peer review of any report or study provided by the applicant. The applicant and the town 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 manager.

d.

Concurrent review permitted. Where multiple development applications concern the same property, the manager may permit concurrent review of the development applications for efficiency and practicality.

e.

Multiple applications. A single property shall not be permitted to have more than one application of the same type being processed concurrently.

f.

Fees. Fees shall be paid in accordance with section 10.04.100, fees.

(3)

Step 3: Application processing.

a.

Determination of completeness. A development application shall be reviewed for completeness by the manager within ten 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 days shall not preclude the town from requiring information which is necessary and relevant to evaluate the development application for compliance with the review criteria. A determination by the manager that the application is incomplete may be appealed to the Council in accordance with the procedures in section 10.16.110, appeal and variance.

b.

Referral to other agencies. Development applications may be referred to other agencies for review and comment. The 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 planning commission and Council 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. The review of any proposal may be delayed if additional information and/or studies are required to determine if applicable regulations can be met. Referral agencies may include, but are not limited to:

1.

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

2.

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

3.

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

4.

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

c.

Staff review and report. The manager shall review the application in accordance with the criteria established in this Development Code and shall prepare written findings of fact and include any relevant conditions. If authorized as the decision-making authority, the manager shall inform the applicant in writing of the findings and determination. If not authorized as the decision-making authority, the manager shall prepare a recommendation and submit the recommendation and findings to the appropriate review and decision-making authority.

d.

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 four months shall have their application administratively withdrawn by the manager unless the manager determines that good cause exists to extend the application time frame and approves such extension in writing.

(4)

Step 4: Notice. Notice shall be required for all public hearings conducted by the planning commission and Council. Public meetings (in contrast to public hearings) and notice of such meetings are subject only to the requirements of the Colorado Open Meetings Law, CRS § 24-6-401, et seq.

a.

Types of Notices. The following types of notice shall be used, in accordance with procedures contained in Table 10.16-1, Review Process Chart, to notify the public of applications submitted to the town for review and decision:

1.

Publication in a newspaper of general circulation.

2.

Mail to adjacent property owners.

3.

Posting a sign on the property.

4.

Certified mail to mineral rights owners, if applicable.

b.

Published notice. Notice shall be published in the legal section of a newspaper of general circulation within the town.

c.

Posted notice.

1.

Notice shall be posted in the designated official places of posting by the town.

2.

Posting of notices on the property subject to an application shall be prepared by the town and meet the following standards:

i.

Include information on how to access the application materials.

ii.

Include town contact information.

iii.

Be of a size and form and consist of at least a single sign facing, and that is reasonably visible and legible from, an adjacent public right-of-way. If there is no location on the subject property that is conspicuously and readily visible from the adjacent public right-of-way, the manager can approve an alternate location. The manager may require large properties to include additional signage.

d.

Mailed notice. For procedures that require mailed notice, notice shall be sent by first-class mail. The county assessor's records may be used to determine the addresses of real property owners. Mailed notice shall be sent by the town at the applicant's expense. The town shall include a certificate of mailing in the public record.

e.

Notice content. Every required form of notice shall state the date, time and place of the hearing(s), the name of the applicant, a general description of the subject property indicating its location, 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 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 town.

f.

Public notice time requirements. Unless otherwise provided in this Code, public notice time requirements include the day the notice is posted, appears in the newspaper, is mailed, and shall also include the day of the public hearing.

g.

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 Development Code. When the records of the town 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.

(5)

Step 5: Public hearings. The manager shall schedule a public hearing date before the planning commission and/or Council after a complete application has been received, town staff has completed town staff review and referral agencies have had an opportunity to provide comments. The manager may delay the scheduling of a public hearing to a subsequent meeting where an agenda of the planning commission or Council is full. A complete application shall be scheduled for an initial public hearing within 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 planning commission or Council may continue a public hearing on its own initiative for a maximum of 65 days after the date of the initial public hearing without the consent of the applicant. The planning commission or Council may continue a public hearing for a maximum of 95 days with the consent of the applicant. The reviewing authority shall have 35 days after the close of a public hearing to issue written findings in accordance with paragraph 10.16.020(f)(3).

(6)

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

a.

Review criteria. The reviewing authority shall be manager when the manager has the authority to approve a development application. The reviewing authority shall be the planning commission and/or Council 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:

1.

The development application is complete;

2.

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

3.

The development application complies with the goals and policies of the master plan; and

4.

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

b.

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 consequences or concerns 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.

c.

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.

d.

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. Conditions may include:

1.

Specific time limits for performance of any condition.

2.

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 town.

3.

Limitation on hours and/or days of operation.

4.

Requirement for review, on an annual or other basis, of the history of permit condition compliance.

5.

Right to prohibit or restrict transfer of a permit.

6.

Duration of a permit.

7.

Such other conditions as are found to be reasonable and appropriate to address or mitigate any significant negative impacts or a threat to public health, safety or welfare presented by the proposal.

e.

Final decision. A decision by the reviewing authority shall become final unless a written appeal is timely submitted to the town in accordance with the applicable provisions of this Development Code. The date of the decision shall be the date that the reviewing authority renders a decision. The town shall mail the written findings and notification of decision to the applicant within five working days of the decision of the reviewing authority. The Council reserves the authority to render a final decision on all decisions rendered under this Development Code, and only a decision of the Council may be subject to legal challenge. The failure to timely submit a written appeal of a decision of the reviewing authority shall be deemed to be a waiver of any right to legally challenge such decision.

(7)

Expiration of approval. All development approvals shall expire and become void two years 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 manager prior to the expiration date and shall state the reasons and circumstances for such extension request. The manager and the planning commission may provide one extension for a maximum of one year. The Council may provide multiple extensions and may provide extensions greater than one year.

(Ord. No. 711, § 1, 2-17-2022)

This section sets forth procedures for reviewing proposed amendments to the texts and maps of the master plan. The amendment process is established to provide flexibility in response to changing circumstances, to reflect changes in public policy and to advance the general welfare of the town.

(1)

Review procedures. Applications to amend the master plan shall follow the general review procedures set forth in section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart. Applications to amend the master plan may be initiated by the Council, any registered voter of the town or any property owner in the town.

(2)

Review criteria. The planning commission and Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the master plan:

a.

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;

b.

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;

c.

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

d.

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

e.

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;

f.

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

g.

The proposed plan amendment will promote the health, safety or welfare of the Hayden Community and will be consistent with the general goals and policies of the master plan.

(Ord. No. 711, § 1, 2-17-2022)

The Council 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, and to advance the general welfare of the town.

(1)

Review procedures. Applications to amend the text of the Development Code shall follow the general review procedures set forth in section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart. Applications to amend the text of the Development Code may be initiated by the Council, town staff, planning commission, or any property owner or resident within the town.

(2)

Review criteria. The planning commission and Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code:

a.

The text amendment promotes the health, safety and general welfare of the Hayden community;

b.

The text amendment promotes or implements the goals and policies of the master plan;

c.

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

d.

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

(Ord. No. 711, § 1, 2-17-2022)

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 town.

(1)

Review procedures. Applications for a zone change shall follow the general review procedures set forth in section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart. Applications to rezone property may be initiated by the Council, town staff, planning commission, or any property owner or resident within the town.

(2)

Review criteria. The planning commission and Council shall use the following review criteria as the basis for recommendations and decisions on applications for zone changes:

a.

Correction of an error in an ordinance establishing the zoning for a specific property (if applicable);

b.

Evidence of substantial compliance with the purposes of the Development Code;

c.

Consistency with the master plan;

d.

Physical suitability of the land for the proposed development or subdivision;

e.

Compatibility with surrounding land uses;

f.

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

g.

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;

h.

Whether the rezoning is consistent with the stated purpose of the proposed zoning district;

i.

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

j.

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; and

k.

Adequate mitigation is required for zone change applications which result in greater intensity of land use or increased demands on public facilities and infrastructure.

(3)

Mitigation. Zone change 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. No. 711, § 1, 2-17-2022)

In order to provide flexibility and to help diversify uses within a zoning district, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Specific conditional uses for each zone district are listed in the Uses by Zoning District Table. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to their effects on surrounding properties. The review process prescribed in this section is intended to assure compatibility and harmonious development between conditional uses, surrounding properties and the town at large. Conditional uses may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with the conditional use criteria. The scope and elements of any conditional use may be limited or qualified by the conditions applicable to the specific property. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied.

(1)

Review procedures. Applications for a conditional use shall follow the general review procedures set forth in section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart. Applications for conditional use may be initiated by the property owner and may not be initiated by any other person.

(2)

Review criteria. The planning commission and Council shall use the following review criteria as the basis for recommendations and decisions on applications for conditional uses:

a.

The proposed conditional use is consistent with the master plan and all applicable provisions of this Development Code and applicable state and federal regulations;

b.

The proposed conditional 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;

c.

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

d.

The proposed conditional use will not substantially alter the basic character of the district in which it is in or jeopardize the development or redevelopment potential of the district;

e.

The proposed conditional use will result in efficient on- and off-site traffic circulation which will not have a significant adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site;

f.

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 conditional use will be mitigated or offset to the maximum extent practicable;

g.

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;

h.

Adequate assurances of continuing maintenance have been provided; and

i.

The proposed conditional use meets all the applicable standards in chapter 10.24, development standards.

(3)

Authority to impose conditions on permit. The Council may approve conditional use permits that have the following conditions or limitations:

a.

The conditional use permit may be revocable;

b.

The conditional use permit may be granted for a limited time period;

c.

The conditional use permit may be granted subject to conditions as the Council may determine appropriate to mitigate adverse impacts, promote compatibility with surrounding uses, or otherwise necessary to meet the review criteria; and

d.

Conditions may include, but shall not be limited to:

1.

Requiring special setbacks;

2.

Open spaces, fences or walls, landscaping or screening;

3.

Street dedication and improvement, regulation of vehicular access and parking;

4.

Signs;

5.

Illumination;

6.

Hours and methods of operation;

7.

Control of potential nuisances;

8.

Prescription of standards for maintenance of buildings and grounds; and

9.

Prescription of development schedules.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Purpose. This section is intended to allow flexible development patterns in a manner varying from the constraints upon innovative design and creative land use that might otherwise be imposed by strict compliance with or are not specifically provided for in this Development Code. It is the purpose of this section:

(1)

To promote and permit flexibility that will encourage innovative and imaginative approaches in land development and site design that will result in a more efficient, aesthetic, desirable and economic use of land while maintaining the goals and policies of the master plan;

(2)

To promote development within the town that can be conveniently, efficiently and economically served by existing local utilities and services or by their logical extension;

(3)

To promote design flexibility, including placement of buildings, use of open space, pedestrian and vehicular circulation systems to and through the site and off-street parking areas in a manner that will best utilize potential on-site characteristics such as topography, geology, geography, size and proximity;

(4)

To provide for the preservation of historic or natural features where they are shown to be in the public interest including, but not limited to, such features as: drainage ways, floodplains, existing topography or rock outcroppings, unique areas of vegetation, historic landmarks or structures;

(5)

To provide for compatibility with the area surrounding the project site;

(6)

To provide for usable and suitably located open space such as, but not limited to, bicycle paths, playground areas, courtyards, tennis courts, swimming pools, planned gardens, outdoor seating areas, outdoor picnic areas and similar open space;

(7)

To minimize adverse environmental impacts of development;

(8)

To improve the design, quality and character of new development including energy efficiency; and

(9)

To promote community benefits in recognition of design flexibility.

(b)

Eligibility criteria. All of the following criteria must be met for a property to be eligible to apply for PUD approval.

(1)

Consistency with master plan. The proposed development shall be consistent with the master plan.

(2)

Consistent with PUD intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in subsection 10.16.070(a).

(3)

Compatibility with existing uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the master plan.

(4)

Public benefit. A recognizable and material benefit will be realized by both the future residents and the town as a whole through the establishment of a PUD, where such benefit would otherwise be infeasible or unlikely.

(5)

Preservation of site features. Long-term conservation of natural, historical, architectural or other significant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district.

(6)

Sufficient land area for proposed uses. Sufficient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects and to ensure compatibility between uses and the surrounding neighborhood.

(c)

Dimensional and development standards. The following dimensional and development standards shall apply to all PUDs.

(1)

Overlay district. A PUD is permitted in any zone district.

(2)

Permitted uses. PUD uses shall not be limited to those allowed in the underlying zone district, but shall provide significant community enhancement not achievable through application of a standard zone district and may include any uses or mix of uses supported by the master plan.

(3)

Development standards. Chapter 10.24, development standards, shall apply to PUD projects.

(d)

General procedures. All PUDs are processed in two stages: (1) the preliminary PUD; and (2) the final PUD unless consolidation of PUD review is approved by the town. The final PUD can only be filed with the town for review and processing after the preliminary PUD has been approved or conditionally approved by the Council. The filing of a PUD shall not constitute the effective dedication of easements, rights-of-way or access control, nor shall the filed PUD plan be the equivalent or substitute for the final platting of land. Specific procedures for preliminary PUD and final PUD are outlined below.

(1)

Coordination with subdivision review. It is the intent of this Development Code that subdivision review required under section 10.16.080, subdivisions, as applicable, be carried out concurrently with the review of PUD development plans under this section. If subdivision approval is required for the subject property, the PUD plans required under this section shall be submitted in a form that satisfies the requirements for preliminary and final subdivision plat approvals. If any provisions of this section conflict with the subdivision procedures or standards of this Development Code, the more restrictive or detailed requirements shall be met, unless specifically altered by the Council.

(e)

Procedures for preliminary PUD. The general procedures set forth in in section 10.16.020, general procedures and requirements and Table 10.16-1, Review Process Chart, shall apply to preliminary PUD applications. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a plan incorporating the application requirements of both the PUD and subdivision preliminary plans.

(1)

PUD master plan and guide required. The application for PUD shall include a preliminary PUD plan. The manager shall require sufficient detail in the preliminary PUD plan to provide an opportunity for the approving bodies to make informed decisions and evaluate compliance with the applicable approval criteria. The plan shall include, at a minimum:

a.

A quantitative summary of existing conditions on the subject property;

b.

A clear definition of permitted uses to be allowed within the PUD;

c.

Parking analysis based on proposed uses;

d.

Density of uses proposed;

e.

Location of public and private open space;

f.

Location of existing and proposed buildings on the site;

g.

Road, street and pedestrian networks proposed;

h.

Drainage facilities;

i.

Existing or proposed utilities and public services;

j.

If development is to be phased, a description of the phase components and timing;

k.

A statement that development on the site will meet applicable standards of the underlying zoning district and this Development Code or a statement specifying the standards of the underlying district and this Development Code to which modifications are proposed and the justification for such modifications; and

l.

A statement specifying the public benefits to be contained in or associated with the PUD.

(2)

Review criteria. The planning commission and Council shall consider the following criteria as the basis for a recommendation or decision on a PUD, to approve a preliminary PUD plan or to process a PUD amendment:

a.

The PUD addresses a unique situation, confers a substantial benefit to the town and/or incorporates creative site design such that it achieves the purposes of this Development 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;

b.

The PUD rezoning will promote the public health, safety and general welfare;

c.

The PUD rezoning is consistent with the master plan, the purposes of this Development Code and the eligibility criteria outlined in subsection 10.16.070(b);

d.

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

e.

Compared to the underlying zoning, 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;

f.

Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and

g.

Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract.

(3)

Submission deadline for final PUD master plan. Within six months following approval of the preliminary PUD plan, the applicant shall initiate the second stage of the application process by filing with the manager a final PUD plan and subdivision plat if necessary, containing in final form all the information required in the preliminary PUD plan, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this Development Code. Upon written request by the applicant prior to the application lapsing, the planning commission, for good cause, may extend the period for filing the final PUD plan for a period not to exceed six months. Any additional extensions of the time period for filing the final PUD plan must be approved by Council.

(f)

Procedures for final PUD approval. The general procedures set forth in section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart, shall apply to final PUD applications subject to the following exceptions and additions:

(1)

Contents of the final PUD master plan. The final PUD master plan shall contain all of the materials included in the preliminary PUD development plan, together with revisions, if any, that may be approved by the planning commission without an additional public hearing, as described in subparagraph 2. below. In addition to these materials, the final PUD master plan shall include the following:

a.

Phasing program. A document describing any proposed phasing program of the development for all structures, recreational and other common facilities and open space improvements, including time schedule for commencement and completion dates of construction of each phase. Intermediate phases shall not exceed overall project density, and a pro rata allocation of common open space shall be made as each phase is developed.

b.

Common open space agreement. A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space is required.

c.

Plats for recording. A copy of any subdivision plat, plat of dedication or plat of vacation that may be a necessary part of the PUD is required.

d.

Covenant. A restrictive covenant in a form acceptable to the town attorney limiting development or construction upon the tract as a whole to such development and construction as shall comply with the final PUD development plan as approved by the Council, which document shall include a provision granting the town a right to enforce the same.

(2)

Permitted minor changes from a preliminary PUD master plan. Minor changes in the location, siting and height of structures, streets, driveways and open spaces may be authorized by the planning commission to be included in the final PUD master plan in accordance with the following procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the preliminary PUD development plan is approved. No change authorized by this subsection may cause any of the following:

a.

A change in the use or character of the development;

b.

An increase by more than five percent in the overall coverage of structures;

c.

An increase in the density or intensity of use;

d.

An increase in the impacts on traffic circulation and public utilities; and

e.

A reduction of not more than one percent in approved common open space.

(3)

Review criteria. The planning commission and the Council shall review the final PUD development plan according to the same review criteria listed above for preliminary PUD development plans.

(g)

Recordation. The applicant shall record the final PUD, as approved, in the office of the county clerk and recorder within 90 days after the date of approval. If the final PUD is not recorded, the approval of the Council shall be deemed to have been withdrawn and the approval shall be null and void.

(h)

Amendments to a final PUD. Unless a final PUD contains different amendment procedures, amendments to a final PUD are governed by this subsection. The PUD amendment process is dependent on the type of amendment.

(1)

PUD amendment categories. Categories of PUD amendments are established and defined as follows for the purpose of determining the appropriate review procedure:

a.

Administrative amendment. A proposed PUD amendment is considered administratively if it provides for the correction of any errors caused by mistakes that do not materially alter the substance of the PUD development plan as represented to the Council.

b.

Minor amendment. A proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the manager:

1.

The PUD amendment does not increase density, increase the amount of nonresidential land use or alter by more than ten percent any approved building scale and mass of development.

2.

The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD.

3.

The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD.

c.

Major amendment. A PUD amendment that is not classified as an administrative amendment or minor amendment is considered a major amendment.

(2)

Review criteria. The planning commission and Council shall review a PUD amendment according to the same review criteria listed above for a preliminary PUD development plan.

a.

Lapse. Unless otherwise provided by the Council, development of an approved PUD shall commence within 12 months from the recording of the final PUD plan. If development has not commenced accordingly, the manager may initiate a public hearing process for the purpose of considering whether to revoke the PUD approval.

(j)

Revocation of a final PUD. A final PUD may be revoked pursuant to the procedures and criteria set forth in this section.

(1)

Initiation of revocation proceedings. Revocation of a PUD may occur if:

a.

The landowner or a majority of the owners of property within the subject PUD, petition for revocation of such PUD plan in whole or in part;

b.

The project falls more than three years behind the phasing plan or schedule filed with the final PUD;

c.

Construction and/or application for building permits have not commenced within one year of recording of the final PUD; or

d.

The construction and provision of landscaping, buffers, open space and public streets and facilities that are shown on the final plans are proceeding at a substantially slower rate than other project components.

(2)

Public notice and review requirements.

a.

Notice and hearings. The general procedures set forth in section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart, shall apply to the notice and hearing processes for a revocation proceeding.

b.

Planning public hearing. The planning commission shall hold a public hearing and make a recommendation to revoke the final PUD, keep the final PUD in force, or postpone action. The planning commission shall not recommend revocation of the final PUD to the Council unless the planning commission makes the findings required for revocation described in subsection (3) below. The planning commission may impose reasonable conditions on such revocation in order to advance the health, safety and welfare of the citizens, such as vacation of the underlying final plat.

c.

Council public hearing. The Council shall hold a public hearing and determine whether to revoke, postpone or keep the final PUD in force. The Council shall not revoke the final PUD unless it makes the findings required for revocation described in subsection (3) below. The Council may impose reasonable conditions on such revocation in order to advance the health, safety and welfare of the citizens, such as vacation of the underlying final plat.

(3)

Required findings for revocation. The planning commission shall not recommend revocation and the Council shall not revoke any final PUD unless the following findings are made:

a.

Revocation proceedings were initiated pursuant to this section; and

b.

The property owners were notified no less than 60 days prior to planning commission action on the revocation; and

c.

Public notice was mailed prior to the planning commission hearing on the revocation and prior to the Council hearing on the revocation pursuant to the provisions of Table 10.16-1, Review Process Chart; and

d.

The PUD is not compatible with the surrounding area; or

e.

There is not a need for the uses in the area included within the PUD plan; or

f.

The PUD will have adverse impacts on future development of the area; or

g.

The traffic generated by the PUD plan will have adverse impacts on the neighborhood and the surrounding area; or

h.

The PUD will have adverse impacts on community facilities in the neighborhood and on the surrounding area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands and open space; or

i.

The PUD will have adverse impacts on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems and street systems; or

j.

The PUD will not comply with the standards and specifications for design and construction of public improvements in force at the time of the public hearing; or

k.

The owner or applicant has not met all dates established in the PUD plan for the commencement of construction of the PUD or for a phase of the PUD plan; or

l.

The revocation is in conformance with the provisions contained in applicable sections of this Code, and consistency with the adopted master plan for the town, applicable specific plans, and relevant town policies.

(Ord. No. 711, § 1, 2-17-2022)

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 master plan and purposes of this Development Code.

(1)

Applicability. The procedures of this section and the standards in chapter 10.24, development standards, 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, recorded documents, 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 or airspace 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:

a.

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

b.

Is created by any interest in an investment entity;

c.

Creates cemetery lots;

d.

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

e.

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 paragraph, any interest in common or owned in joint tenancy shall be considered a single interest;

f.

Creates a leasehold interest with a term of less than 20 years and involves no change in use or degree of use of the leasehold estate; or

g.

Is created by a contract concerning the sale of land which is contingent upon the purchaser's obtaining approval to subdivide, pursuant to this section and any applicable town regulations, the land to be acquired pursuant to the contract.

(2)

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

a.

Administrative subdivisions. Administrative subdivisions are subdivisions that include

1.

Subdividing a parcel of land for a duplex,

2.

Replatting for the purpose of correcting survey, typographical, or similar errors ("plat corrections"),

3.

Replatting which adjust lot lines between buildable lots, do not change the number of lots, and do not decrease the size of any non-conforming lot ("lot line adjustments"), and

4.

Replatting to merge contiguous, platted lots into one or more lots and that involves no rezoning or vacation of rights-of-way or easements ("consolidation plat").

The manager has 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, in the opinion of the manager, warrant review as a minor subdivision.

b.

Minor subdivisions. Minor subdivisions include all subdivisions which would create less than six separate parcels of land, which subdivide a parcel six acres or less size; and, which do not require or propose public right-of-way dedications or public improvements; but shall not include subdivisions which are administrative subdivisions.

c.

Major subdivision. Major subdivisions include all subdivisions which:

1.

Create six or more separate parcels of land;

2.

Subdivide a parcel greater than six acres; or,

3.

Involve the dedication of public rights-of-way or construction of public improvements.

(3)

Review procedures. Applications for a subdivision shall follow the general review procedures set forth in section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart. The manager may combine sketch plan, preliminary plan and/or final plat reviews where the subdivision applications can be reviewed efficiently and effectively with a combined process.

(4)

Sketch plan review criteria. The reviewing authority will use the following review criteria as the basis for recommendations and decisions on applications for sketch plan subdivision applications:

a.

The land use mix within the project conforms to official zoning map and master plan future land use map and furthers the goals and policies of the master plan;

b.

The sketch plan represents a functional system of land use and is consistent with the rationale and criteria set forth in this Development Code and the master plan;

c.

The utility and transportation designs are adequate given existing and planned capacities of those systems;

d.

Negative impacts on adjacent land uses have been identified and proposed mitigation is adequate; and

e.

There is a need or desirability within the community for the applicant's development and the development will help achieve a balance of land use and/or housing types according to the master plan and goals and purposes of this Development Code.

(5)

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

a.

The preliminary plan is consistent with the approved sketch plan and incorporates the planning commission recommendations and conditions of approval;

b.

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

c.

The subdivision application complies with the purposes of this Development Code;

d.

The subdivision application and proposed land use mix is consistent with official zoning map, the master plan and other community planning documents;

e.

The land is physically suitable for the proposed development or subdivision;

f.

The proposed subdivision is compatible with surrounding land uses;

g.

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;

h.

The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the master plan;

i.

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

j.

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;

k.

Any proposed subdivision for an existing PUD shall be consistent with the relevant PUD master plan as reflected in the approval of that PUD;

l.

Appropriate utilities, including water, sewer, electric, gas and telephone utilities, has provided a "conditional capacity to serve" letter for the proposed subdivision;

m.

That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision are 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;

n.

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;

o.

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

p.

Adverse impacts on adjacent or nearby land uses have been identified and appropriate and effective mitigation is proposed;

q.

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 town; and

r.

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

(6)

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:

a.

The town shall confirm the legal description of the subject property to determine that:

1.

The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than 35 acres in size;

2.

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

3.

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

b.

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;

c.

The final plat conforms to all preliminary plan criteria;

d.

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

e.

The final plat complies with all applicable technical standards adopted by the town; and

f.

Appropriate utilities have provided an ability to serve letters, including but not limited to water, sewer, electric, gas and telecommunication facilities.

(7)

Acknowledgement of merger of title. A recordable document entitled "acknowledgement of merger of title" executed by the owner may be filed in lieu of a lot line adjustments or consolidation plats as required herein, provided all of the following are met:

a.

All parcels are contiguous;

b.

The merger will not result in a lot or lots violating any provisions of this Development Code or the creation of additional lots; and

c.

The acknowledgement of merger of title clearly identifies, by legal description, the parcels to be merged and the resulting lot.

(8)

Public improvements guarantee. Guarantees for public improvements shall comply with section 10.24.280, public improvements agreements.

(9)

Revocation. An approval of a final plat is revoked pursuant to this section.

a.

Recording. The applicant shall cause the final plat and restrictive covenants, if any, to be recorded within 90 days from the date of approval and acceptance of the Council. In the event that the plat is not recorded, the approval of the Council shall be deemed to be void and such plat shall not thereafter be recorded, unless and until the mayor executes a written authorization for recording the final plat.

b.

Vacation. The final plat approval shall include a determination of a reasonable time by which the project should be completed. All final plats given final approval shall contain a notation or be subject to a development agreement cited thereon 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 Council 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 Council.

c.

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

(Ord. No. 711, § 1, 2-17-2022)

This section sets forth procedures for designation of historic, architectural or cultural significance for preservation.

(1)

Process for historic site designation. Applications for historic site designation, including amendments to historic site designations, and revocation of historic site designation, shall follow the general review procedures set forth in section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart. Applications under this section may be made only by the owner of a property for which the application is submitted, except that the historic commission may apply for revocation of an historic site designation.

(2)

Criteria for historic site designation. To qualify for designation as a historic site the application must meet the following criteria;

a.

The applicant must agree to the recording of a resolution in the county clerk and recorders office that contains findings that serve as the basis for the historic site designation, contains requirements for prior notification to the town of any alteration of the historic site set forth in subsection (d) below, contains recommended standards for any alteration of the historic site, and contains disclosure of potential revocation of the historic site designation; and

b.

The reviewing authority must determine that the site has historic significance due to one or more of the following factors:

1.

It has character, interest or value, as part of the historical development, heritage or culture of the community, state, or nation;

2.

Its location is a site of a significant historic event;

3.

Its identification with a person or persons who significantly contributed to the culture and development of the town;

4.

Its exemplification of the cultural, economic, social, or historic heritage of the town;

5.

Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;

6.

Its embodiment of distinguishing characteristics of an architectural type or specimen;

7.

Its identification as the work of an architect or master builder whose individual work has influenced the development of the town;

8.

Its embodiment of the elements of architectural design, detail, materials, or craftsmanship that represent a significant architectural innovation;

9.

Its relationship to other distinctive areas that are eligible for preservation according to a plan based on a historic, cultural, or architectural motif; and

10.

Its unique location or singular physical characteristic represents an established familiar visual feature of a neighborhood or of the town.

(3)

Alteration of a designated historic site. All modifications to designated historic sites should be done in conformance with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as published by the U.S. Department of the Interior, National Park Service. Any modifications to a designated historic site that are not in conformance with such standards may result in in revocation of the historic site designation.

(4)

Notice of intent to alter designated historic site. The historic site designation resolution shall include an agreement by the property owner that the owner shall provide written notice to the manager of the owner's intention to alter, demolish, move or remove the historic site and shall provide plans for such work for review and consideration in accordance with the requirements of Table 10.16-1, Review Process Chart. Based on the proposed alteration, the historic commission may make a recommendation to the council to amend or revoke the historic site designation.

(5)

Revocation of historic site designation. If the designated historic site is altered, then the reviewing authority may consider action to revoke the historic site designation based on the following criteria:

a.

If any owner of a designated historic site fails to provide notification as required in this Development Code, or if alterations to the site will significantly alter the historic character of the historic site;

b.

If an owner of a designated historic site submits a written request to the town for revocation of a historic designation;

c.

If the historic commission makes a recommendation for modification or revocation based on an owner's written intent to alter a designated historic site; or

d.

If modifications are made to a historic site that are found by the historic commission to not be in accordance with the standards specified in this section.

(Ord. No. 711, § 1, 2-17-2022)

This section implements and sets forth procedures for the regulation of the location, character and extent of public facilities as provided by CRS § 31-23-209, legal status of official plan, as amended. It is the intent of this section to conform to the provisions of CRS § 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.

(1)

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 town unless and until the proposed location, character and extent thereof has been submitted to and approved by the town. Routine extensions of public utility lines and minor modifications to existing facilities shall not be subject to this procedure.

(2)

Review procedures. Applications for location, character and extent shall follow the general review procedures set forth in section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart. 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 application procedures and submittal requirements, including but not limited to site plan, design review and subdivision. The failure of the planning commission and Council to act within 60 days from and after the date of official submission of a complete application to the town shall be deemed approval of such application.

(3)

Review authority. The planning commission shall review applications for location, character and extent after conducting a public hearing. The planning commission 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 planning commission shall communicate its reasons to the Council. The Council shall review such decision of the planning commission 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 Council shall only require posted notice three 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 planning commission shall be by the governmental body having jurisdiction. The decision by the Council 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.

(4)

Review criteria. The planning commission and Council shall use the following review criteria as the basis for recommendations and decisions on applications for location, character and extent:

a.

Evidence of substantial compliance with the purposes of this Development Code;

b.

Consistency with the master plan;

c.

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

d.

Compatibility with surrounding land uses; and

e.

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

(Ord. No. 711, § 1, 2-17-2022)

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.

(1)

Review procedures. Applications for an appeal or variance to the board of adjustment (BOA) shall follow the general review procedures set forth in section 10.16.020, general procedures and requirements, Table 10.16-1, Review Process Chart, and as may be further described herein. Appeals and applications for variances may be initiated by the owner of property for which a variance is desired.

(2)

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

a.

An appeal may be submitted by an applicant for a development approval or by a Council member.

b.

The appellant must provide a written request for appeal of a decision of the manager to the town clerk within ten days after the date of the decision. The appellant shall file the notice of appeal on a form provided by the town clerk and shall pay the adopted fee for the notice of appeal. Failure to file a complete and timely notice of appeal shall be considered a waiver of the appellant's rights to appeal to the BOA.

c.

The BOA shall conduct a public hearing within 45 days of receipt of a written request for appeal.

d.

Written notice of the public hearing date, time and location shall be mailed to the appellant via first-class U.S. mail at least five days prior to the public hearing, unless the appellant agrees to a shorter time frame and a different notification method.

(3)

Appeal review criteria. The BOA, in hearing an appeal from an interpretation of the Development Code or decision of the manager, shall consider:

a.

The technical meaning of the provision being appealed;

b.

Evidence of the manner in which the provision has been interpreted in the past;

c.

The positive or negative impact of the requested appeal on the achievement of stated Town development goals and objectives and purposes of this Development Code; and

d.

The intent of the provision in implementing the master plan.

In approving a requested interpretation, the BOA shall provide a written record of its findings and the town staff shall use it to propose amendments that address future interpretation problems.

(4)

Variance application limitations. The BOA shall not grant a variance which:

a.

Permits a land use not allowed in the zoning district in which the property is located;

b.

Is in the public right-of-way or on a public property without a valid license or permit;

c.

Alters any definition of the Development Code;

d.

Is other than the minimum variance that will afford relief with the least modification possible to the requirements of the Development Code;

e.

Is based on physical conditions or circumstances of the property so general or recurring in nature as to reasonably make practicable the formulation of a general regulation to be adopted as an amendment to the Development Code (in which case the BOA will recommend a text amendment to the Development Code);

f.

Is based exclusively on findings of personal or financial hardship (convenience, profit or caprice shall not constitute undue hardship); and

g.

The variance will neither result in the extension of a nonconforming situation, use, building or lot, nor authorize the initiation of a nonconforming use of land, nor conflict with the goals and policies of the master plan.

(5)

Variance review criteria and required findings. The BOA shall make the following written findings before granting a variance:

a.

That there are unique physical circumstances or conditions of the land such as irregularity, narrowness or shallowness of the lot, or exceptional topographical or other physical condition of the land particular to the affected property;

b.

That because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of the Development Code;

c.

That such unique physical circumstances or conditions are unique and unusual or nearly so, rather than one shared by many surrounding properties;

d.

That due to such unique physical circumstances or conditions of the land, the strict application of the Code would create a demonstrated hardship;

e.

That the demonstrable hardship is not self-imposed;

f.

That the hardship or poor land use of which the applicant complains is one suffered by the applicant alone and not by neighbors or the general public;

g.

That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood;

h.

That the variance, if granted, will not change the character of the zoning district in which the property is located;

i.

That the variance, if granted, is consistent with the purposes of the Development Code;

j.

That the variance, if granted in a floodplain or floodway, meets the requirements of floodplains and floodways of this Code and any other applicable law; and

k.

That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of town.

(6)

Minor variance. A request may be made to the manager for the approval of a minor variance to certain provisions of this Development Code. Such request shall be processed as an administrative permit as set forth in Table 10.16-1, Review Process Chart, except an appeal of a denial of approval of a minor variance by the manager shall be made to the BOA pursuant to the procedures and standards of subsections 10.16.110(a)(b)(c) above.

a.

Applicability. A minor variance is limited to the following situations:

1.

The location and height of fences or sheds (outbuildings) on a particular lot;

2.

The construction of open or closed porch additions to residential properties. Porch additions designed as sleeping rooms (bedrooms) are specifically excluded from this category;

3.

Residential driveway dimensional and location standards; and

4.

The maximum allowable area for a sign or for the installation of a sign not expressly permitted pursuant to the sign standards of chapter 10.28.

All requests other than those listed above must meet comply with the limitations and review criteria set forth in sections 10.16.110 (d) and (e) above.

b.

Review criteria. Criteria for granting a minor variance shall include meeting all of the following conditions:

1.

The variance being requested meets the predominant setback line established on the basis of the average of existing front yard setbacks within the block frontage of the request, and the opposite block frontage;

2.

That the variance, if granted, will not adversely affect the proposed development or use of adjacent properties or the neighborhood; and

3.

That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of the town.

(7)

Variance conditions. A variance granted by the BOA or manager, as applicable, 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.

(8)

BOA review and action. The following requirements apply to BOA review and decision of appeals and variance applications:

a.

The appellant, or the applicant for a variance, has the burden of proof to establish the necessary facts to warrant favorable action of the BOA.

b.

The BOA shall have all the powers of the applicable town administrative official on the action appealed. The BOA may in whole or in part affirm, reverse or amend the decisions of the applicable town administrative official.

c.

The BOA may impose reasonable conditions in its order to be complied with by the appellant in order to further the purposes and intent of the Development Code.

d.

The BOA may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested. A variance may be granted for indefinite duration or a specified period of time.

e.

No single decision of the BOA sets a precedent. The decision of the BOA shall be made on the particular facts of each case.

f.

Variances granted by the BOA shall be recorded with the county clerk and recorder at the expense of the applicant.

g.

Any appeal of the decision of the BOA may be made to the district court as provided by law; provided however, that such appeal must be made prior to 28 days following the date of the final action taken by the BOA, as provided by Rule 106, Colorado Rules of Civil Procedure.

(9)

Action notice. The manager shall notify the appellant or applicant for a variance in writing of the BOA's action within five days after a decision has been rendered.

(10)

Expiration. The variance approval expires if any required building permit is not obtained within one year of the approval.

(Ord. No. 711, § 1, 2-17-2022)

This section sets forth the procedures to appeal the decision of the manager or planning commission, where such appeal right to Council is identified in Table 10.16-1, Review Process Chart, or elsewhere in the Development Code.

(1)

Review procedures. Applications for an appeal shall follow the general review procedures set forth in section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart. Appeals may be initiated by the owner of property.

(2)

Review authority. The Council shall review and render a decision on an appeal after conducting a public hearing. Notification of the public hearing shall be provided by mailing, publishing and posting in the same manner as was required for the original application's consideration. The decision of the Council may be appealed to district court.

(3)

Appeal procedures. Only a final decision of the manager or planning commission may be appealed. Recommendations to a decision-making authority are not subject to appeal.

a.

An appeal may be submitted by an applicant for a development approval or by a Council member.

b.

The appellant must provide a written request for appeal of a decision of the manager or planning commission to the town clerk within ten days after the date of the decision. The appellant shall file the notice of appeal on a form provided by the town clerk and shall pay the adopted fee for the notice of appeal. Failure to file a complete and timely notice of appeal shall be considered a waiver of the appellant's rights to appeal to Council.

c.

The Council shall conduct a public hearing within 45 days of receipt of a written request for appeal.

d.

Written notice of the public hearing date, time and location shall be mailed to the appellant via first-class U.S. mail at least five days prior to the public hearing, unless the appellant agrees to a shorter time frame and a different notification method.

(4)

Appeal review criteria. The Council shall use the applicable review criteria to the decision that is appealed. The Council shall review decisions de novo.

(5)

Council decision final. A decision of the Council is final. An aggrieved person may appeal a decision of the Council to the district court or to another state or federal court of competent jurisdiction.

(6)

Decision. The Council shall, in writing, confirm, modify or reverse the decision within 35 days of holding the public hearing on the appeal. Any decision by the Council that results in action modifying or reversing the decision of a town body or officer shall describe the specific reasons for the modification or reversal. Action of the Council shall become final immediately. Failure of the Council to act within 35 days after holding the public hearing shall be deemed action confirming the decision unless the applicant consents to an additional time extension.

(Ord. No. 711, § 1, 2-17-2022)

Alternative design is a procedure that allows development to meet the intent of the design-related provisions of this chapter through an alternative design. It is not a general waiver or weakening of regulations; rather, this application procedure permits a site-specific plan that is equal to or better than the strict application of a design standard in chapter 10.24 of this Development Code. This procedure is not intended as a substitute for a variance or administrative modification or a vehicle for relief from standards in this Development Code. Alternative design shall apply only to the specific site for which it is requested and does not establish a precedent for assured approval of other requests.

(1)

Applicability. The alternative design procedure shall be available for any design, development or standard set forth in chapter 10.24, design standards, of this Development Code.

(2)

Review procedures. Applications for alternative equivalent compliance shall be processed concurrently with the underlying development application for which alternative design with the applicable design standards is desired and shall follow the procedures for such underlying development application. Applications for alternative design may be initiated by the owner of property for which alternative design is desired.

(3)

Review criteria. The review authority shall use the following review criteria as the basis for a decision on an application for alternative design:

a.

The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard;

b.

The proposed alternative achieves the goals and policies of the master plan to the same or better degree than the subject standard;

c.

The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and

d.

The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this title.

(4)

Conditions. The reviewing authority may recommend or impose conditions on an approval for alternative design provided that such conditions are related to ensuring the performance of the alternative design to meet or exceed the subject standard. Such conditions may include performance guarantees, required timeframes or the ability to revoke an approval for alternative design.

(5)

Effect of approval. Alternative design shall apply only to the specific site for which it is requested and shall not establish a precedent for approval of other requests.

(Ord. No. 711, § 1, 2-17-2022)

The purpose of this section is to provide procedures and standards for the vacation of rights-of-way in the town. 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 section. Public easements are also considered rights-of-way that may be vacated pursuant to this section.

(1)

Definitions incorporated. The definitions set forth in C.R.S. § 43-2-301 are incorporated in this section.

(2)

Review procedures. Applications for the vacation of a right-of-way shall follow the general review procedures set forth in section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart. Applications for vacation of a right-of-way may be initiated by the Council 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 concurrently with a major or minor subdivision application. Vacation of a right-of-way shall be approved by an ordinance of the Council.

(3)

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

a.

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;

b.

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;

c.

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

d.

Compensation may 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; and

e.

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.

(4)

Recording. The ordinance vacating a right-of-way shall be recorded in the office of the Routt County Clerk and Recorder and shall reference any exceptions, easements or reservations of the vacation.

(Ord. No. 711, § 1, 2-17-2022)

(a)

Purpose. The purpose of this article is to establish a procedure to bring land under the jurisdiction of the town in compliance with the Colorado Municipal Annexation Act of 1965 (Act), as amended. This article, in part, provides supplemental requirements for annexation pursuant to the Act, and is not to be construed as altering, modifying, eliminating or replacing any requirement set forth in that Act, or any requirements set forth in other portions of the Hayden Town Code. In the event of a conflict between the Act, the provisions of this article or any requirements set forth in other portions of the Hayden Town Code, it is the expressed intent of the Council that the more stringent provision shall control.

(b)

Statement of policy and review criteria. It shall be the general policy of the town with respect to annexations, the annexation application, and the consideration of annexation petitions that:

(1)

Annexation is a discretionary act. With the exception of a petition initiated by the town for the annexation of an enclave, the Council shall exercise its sole discretion in the annexation of territory to the town.

(2)

The land to be annexed and the uses proposed for the land shall conform to the goals, policies and strategies of the master plan and to the land uses depicted on the proposed land use map, as amended.

(3)

Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the town in order that the public needs may be served by such facilities. These facilities include, but not by way of limitation, arterial streets, bridges, public parks and recreation areas, water and sanitary sewer facilities, school sites, fire and police station sites, and storm drainage facilities. The annexation of lands to the town shall be shown not to create any additional cost or burden on the then-existing residents of the town to provide such public facilities in any newly annexed area.

(4)

The petitioner for annexation shall be responsible for paying the town's full cost for processing the annexation applications and petition, from initial discussion with town staff before submittal of the petition, through the approval and recording of the final annexation documents.

(5)

Annexed areas will not divide tracts of land to prevent further annexation of adjoining parcels. (For example, leaving a "gap" or a "strip" of land between property to be annexed and the adjoining property.)

(6)

All water rights shall be deeded to the town at the time of annexation.

(7)

The property owner shall have complied with the annexation application requirements of this article prior to submitting an annexation petition.

(c)

Procedure. Annexation applications shall be processed and considered as follows:

(1)

Step 1: Annexation pre-application conference. The application process begins with a pre-application conference with town staff to determine the feasibility of the annexation request. Following this informal meeting, the applicant may submit a letter of intent requesting annexation, the annexation application as described in this article, the completed annexation application form, maps and supporting documents.

(2)

Step 2: Town evaluation of annexation application. Town staff shall analyze the feasibility of annexing the proposed property, including but not limited to, the ability to serve with streets, water, sanitary sewer, storm sewer, parks and recreation, schools, police and fire protection; compliance with the master plan; sources of revenue from the property; the town's costs to serve the proposed development; and any other related matters.

(3)

Step 3: Annexation agreement. The Town staff and the property owner(s) shall negotiate an annexation agreement addressing the items of concern in the staff evaluation and other applicable requirements of this Development Code. The draft agreement acceptable to the property owner shall accompany any annexation petition filed with the town.

(d)

Annexation petition. Annexation petitions shall be processed and considered as follows:

(1)

Step 1: Annexation petition certification and completion. The petition for annexation or petition for election, annexation agreement, proposed annexation impact report, and all other documents submitted shall be reviewed by staff for completeness and compliance with the provisions of the Act and the Hayden Town Code. The applicant shall be notified within a reasonable time of any deficiencies or inadequacies in the materials submitted. An incomplete submission shall not be processed, nor referred to the Council for a determination of substantial compliance.

(2)

Step 2: Annexation petition referral to Council. Upon staff's determination that the petition and supporting documentation are complete and in compliance with provisions of the Act, and the Hayden Town Code, the town clerk shall refer the petition to the Council.

(3)

Step 3: Council determination of substantial compliance. The Council shall take the appropriate steps to determine if the petition is in substantial compliance with the Act.

a.

If the petition is found to be in substantial compliance with the Act, the Council may, by the adoption of a resolution of substantial compliance, set the annexation (and zoning if requested) for public hearing on a specified date, time, and place, not less than 30 days nor more than 60 days from the effective date of the resolution, subject to compliance with C.R.S. § 31-12-108.

b.

If the petition is found to not be in compliance with the Act, no further action shall be taken, except that the determination shall be made by a resolution adopted by the Council.

(4)

Step 4: Planning commission review and recommendations. The planning commission shall consider the petition for annexation at a regular or special meeting to be held prior to the date of the public hearing before the Council. If an application for zoning of the property is requested concurrently with the annexation, the planning commission shall give notice and hold the public hearing on the zoning of the property at the same meeting and in compliance with section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart.

The planning commission, upon the conclusion of the meeting at which they consider the petition, shall recommend approval of the petition for annexation with or without conditions, or recommend denial. If zoning of the property is requested at the time of annexation, the planning commission shall recommend to the Council approval with or without conditions, or recommend denial of the requested zoning.

(5)

Step 5: Council public hearing and action on the annexation.

a.

The Council shall hold the public hearing on the petition for annexation, and zoning, if requested in conjunction with the annexation. The petitioners shall present evidence in support of the petition and zoning, if applicable. Town staff shall testify as to the elements required by statute to be present for annexation and any comments received from governmental entities affected by the annexation. Any person may appear at the hearing and present evidence on any matter related to the annexation petition as determined by the Council. The Council may continue the hearing to another date without additional notice as provided by applicable law. At the conclusion of the public hearing, the Council shall adopt a resolution containing the findings of fact and conclusions, including:

1.

Whether or not the requirements of C.R.S. § 31-12-104 and 105 and this article have been met;

2.

Whether or not the annexation agreement is acceptable to the town;

3.

Whether or not additional terms and conditions are to be imposed; and

4.

Whether or not an election is required, either as result of a petition for election or the imposition of additional terms and conditions.

b.

If the Council finds that the area proposed for annexation does not comply with the requirements of C.R.S. § 31-12-104 and 105, the annexation proceeding will be terminated.

c.

If the Council finds the following:

1.

The annexation is in compliance with the requirements of C.R.S. § 31-12-104 and 105;

2.

That an election is not required under C.R.S. § 31-12-107(2); and

3.

No additional terms and conditions are to be imposed; Council may annex the land by an ordinance without election and approve the annexation agreement. The zoning of the property, if requested with annexation, shall be approved by a separate ordinance. If the Council, in its sole discretion, finds that the annexation is not in the best interest of the town, it may deny the petition by a resolution.

(e)

Post approval actions.

(1)

After final passage of the annexation ordinance, the applicant shall file with the town final versions of all applicable documents including a mylar of the annexation map(s).

(2)

In the event that zoning was requested with the annexation, zoning shall be granted by an ordinance and the official zoning map shall be amended accordingly. In the event that zoning was not requested with annexation, the town shall bring the area annexed under the zoning ordinance and map within 90 days after the effective date of the annexation ordinance in the manner provided by this Development Code. In the event that the property owner does not request and process its zoning request within such 90-day period, the zoning of the annexed property shall be deemed to be Open (O) Zone District as defined in this Code.

(Ord. No. 711, § 1, 2-17-2022)

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.

(1)

As used in this section, unless the context otherwise requires:

a.

Community planning document means the master plan, any other planning documents adopted by the town 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 town or which include the town within their service or planning boundaries.

b.

Site specific development plan means a planned unit development plan or any amendment thereto, approved pursuant to section 10.16.070, planned unit developments, together with a development agreement approved pursuant to this Development Code. A site-specific development plan that creates vested property rights may also include other development approvals if approved at the discretion of the Council 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 section 24-68-102.5(1), C.R.S.

c.

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.

(2)

Vested property right created.

a.

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 chapter.

b.

A vested property right shall only be created if approved by an 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 chapter and shall have a new vested property right as determined by the Council. 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 an ordinance as a legislative act and shall be subject to referendum. When creating a vested property right, Council may expressly exempt, in whole or in part, administrative amendments to site specific development plans from additional review and approval by Council under this chapter.

c.

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 town including, but not limited to, the regulations contained in title 15, building codes, of the Hayden Municipal 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 town 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.

d.

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.

(3)

Notice and hearing. No site-specific development plan or the extension of the duration vested right thereof shall be approved until after providing notice and conducting public hearings in compliance with section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart.

(4)

Notice of approval.

a.

Each map, plat, site plan or other document constituting a site-specific development plan shall contain the following language:

1.

Approval of this plan constitutes a vested property right pursuant to C.R.S., title 24, art. 68 as amended and title 10, chapter 16, of the Hayden Municipal Code, as amended.

b.

The failure of the document constituting a site-specific development plan to contain the language specified in subparagraph (d)(1)(i) above shall invalidate and void the creation of the vested property right. A notice stating that a vested property right has been created shall be published once by the town in a newspaper of general circulation in the town not more than 14 days after final adoption of the ordinance approving the site specific development plan. The notice shall include the following information:

1.

A statement advising the public of the site-specific development plan approval, including the name of the project, the type and intensity of the use approved and the specific property or development parcels affected;

2.

A statement that a vested property right has been created in accordance with C.R.S., title 24, art. 68 as amended and title 10, chapter 16, of the Hayden Municipal Code, including the duration of the vested property right; and

3.

A statement that the citizen's rights of referendum shall run from the date of publication.

(5)

Duration of vested right.

a.

A property right vested pursuant to this chapter after June 1, 2006, shall remain vested for a period of three years. The Council may approve a period of vested property rights exceeding three years by approval of a development agreement, which shall be part of the site-specific development plan.

b.

The guidelines in this paragraph shall be considered when determining whether to grant vested property rights for a period greater than three years, provided that site specific development plans that are granted vested property rights for a period greater than three 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 subsection (4) below. It shall be the burden of the applicant to propose appropriate reasons for granting a vested property right that is greater than three years.

1.

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

2.

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

3.

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

4.

Compliance with the master plan and other community planning documents;

5.

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

6.

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

7.

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 town'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;

8.

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;

9.

Any proposed modifications to previously approved vested property rights to address changed conditions within the Hayden community, compliance with the master plan and other community planning documents or performance of previously approved site-specific development plans; and

10.

Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three years.

c.

The town 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 Hayden community.

d.

Any site-specific development plan for a multiple-phase development approved June 1, 2006, 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 Council. Such review shall include but not be limited to whether the landowner, developer, successors or assigns are in compliance with its obligations to the town, 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 town, as they may have been amended from time to time.

(6)

Disclosure of previously granted vested property rights and hazards.

a.

Any petition for annexation to the town shall describe all vested property rights approved by any local government in effect at the time of the petition, if any, and shall be accompanied by all site-specific development plans approved by any local government. Failure to so identify any previously approved vested property right and provide all approved site-specific development plans shall constitute a waiver of the vested rights created by any other local government upon annexation to the town unless specifically provided otherwise in the ordinance of annexation adopted by the town.

b.

The applicant shall be required to include with any plans submitted for approval as a site-specific development plan notice of any natural or manmade hazards on or in the immediate vicinity of the subject property which are known to the applicant or could reasonably be discovered at the time of submission of the plan. Should a hazard on, or in the immediate vicinity of, the property be discovered subsequent to the approval of a site-specific development plan which would impose a serious threat to the public health, safety and welfare and is not corrected by the applicant, the vested property right created by such site-specific development plan shall be forfeited by the applicant.

(7)

Forfeiture of vested property rights.

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 Council stating the grounds therefor.

c.

No vested property right shall be deemed forfeited until after providing notice and conducting a public hearing in accordance with section 10.16.020, general procedures and requirements, and Table 10.16-1, Review Process Chart. Notice shall be mailed to the property owner to the address of record according to the county assessor's records via first-class United States mail at least 30 days prior to the date of the 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 Council shall consider all evidence and testimony presented concerning any failure to abide by the terms and conditions of a vested property right. The Council may continue the public hearing to allow additional evidence to be gathered and presented.

e.

If the Council finds a failure to abide by the terms and conditions of the vested property right, the Council may take action by an 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 town 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. No. 711, § 1, 2-17-2022)