Telluride City Zoning Code
ARTICLE 5
DEVELOPMENT REVIEW PROCEDURES
Division 1 General
Division 2 The Land Development Process
Section 5-101 Types of Development Review Procedures
Article 5 sets out the development review procedures which are common to all land development applications in the Town of Telluride. These development review procedures apply to the following types of land development processes:
5-101.A. Uses and Activities Permitted On Review (Article 6, Division 1);
5-101.E. Amendments to Land Use Code and Official Zone District Map (Article 6, Division 5);
5-101.G. Licensing of Mobile Home Parks (Article 6, Division 7);
5-101.H. Alteration, Addition and Erection Within Historic Preservation Overlay District (Article 7, Division 2);
5-101.I. Relocation and Demolition Within Historic Preservation Overlay District (Article 7, Division 3); and
5-101.J. Designation of Historic Landmarks and Significant Landmark Interiors (Article 7, Division 5);
Section 5-102 Stages of the Development Review Process
5-102.A. General. There are six (6) stages to the land development process in the Town of Telluride:
Stage 1:Attend pre-application conference between the applicant and the Planning Director (not required, except prior to submission of certain types of applications identified in Section 5-201);
Stage 2:Submission of the development application by the applicant.
Stage 3:Staff review of the development application to determine its completeness, its compliance with the requirements of the underlying zone district, and its conformance with all applicable development review standards;
Stage 4:Provision of public notice of a public hearing, if applicable to the particular development review procedure;
Stage 5:Public action on the development application by the appropriate reviewing body or bodies; and
Stage 6:Actions following development approval by the applicant in order to obtain a building permit.
Division 2 of this Article is organized in the same order as these six (6) stages, to sequentially overview the Town’s land development process. The stages of the land development process are illustrated graphically in Figure 5-1.
5-102.B. Actions. Figure 5-2 depicts fifteen (15) actions which are performed by applicants, the staff, review bodies or the public during the land development process. These actions are also described in Division 2 of this Article.
5-102.C. Specific Procedures. Specific descriptions of the land development stages and actions associated with each type of land development application are contained in Articles 6 and 7.
5-102.D. Developers Handbook. Applicants are encouraged to consult the document entitled Developers Handbook for the Town of Telluride for general guidance on the development process when preparing an application. This handbook, however, is not part of the Telluride Land Use Code and should be consulted for general information purposes only.
Figure 5-1. The Stages of the Telluride Land Development Process
Figure 5-2. The Telluride Land Development Process
Table 5-1.A. Categorization of Planning and Zoning Applications
Large Scale | Small Scale | Minor Activities | Insubstantial Activity | |
|---|---|---|---|---|
P&Z | 1. Large Scale Subdivision or PUD 2. Annexation 3. Land Use Code Amendments 4. Zone District Map Amendments 5. Designate Areas or Activities of State and Local Interest 6. Master Plan Amendments 7. Utility Extensions Beyond Town Boundary 8. Mobile Home Park License | 1. Small Scale Subdivision or PUD 2. Use or Activity Permitted on Review 3. Standard Variance 4. Vacation of a Recorded Plat (unless said vacation is a minor subdivision) 5. Major Subdivision/PUD Amendment 6. Extension of any large scale approval 7. Independent calculation of Employment Generation (see §3-740.B) | 1. Minor Subdivision (see §6-406.D.2) 2. Minor Subdivision/PUD Amendment 3. Minor Amendment of Use Permitted on review 4. Secondary Unit Variance | 1. Land Use Code Interpretation 2. Zone District Map Interpretation 3. Geologic Hazard and Floodplain Permit 4. Access and Encroachment Permits 5. Extension of an approval |
Table 5-1.B. Classification of H.A.R.C. Applications
Activities Located Inside the THLD | Activities Located Outside the THLD | |||||
|---|---|---|---|---|---|---|
In All Residential Zone Districts except WH, AHW | In C, HC, AC-2 Zone Districts | In All Zone Districts inside the THLD | In all Residential Zone Districts except WH, AHW | In C, AC-2 Zone Districts | In All Zone Districts inside the HPOD | |
Large Scale Activities | 1. New construction of >2,500 s.f.; 2. Additions to existing buildings that increase a structure’s floor area by >25% and result in a building >2,500 s.f. | 1. New construction of >5,000 s.f.; 2. Additions to existing buildings that will increase a structure’s floor area by >25% and result in a building >5,000 s.f. | 1. Demolition or relocation of a rated THAS primary structure | 1. New construction of >5,000 s.f.; 2. Additions to existing buildings which will increase a structure’s floor area >25% and result in a building >5,000 s.f. | 1. Demolition or relocation of a rated THAS primary structure | |
Small Scale Activities | 1. New construction of 950 – 2,500 s.f.; 2. Additions to existing buildings that increase a structure’s floor area by 10 – 25% and result in a building >2,500 s.f.; 3. Additions to existing buildings that increase a structure’s floor area by >25% and result in a building 1,000 – 2,500 s.f. | 1. New construction of 2,000 – 5,000 s.f.; 2. Additions to existing buildings that will increase a structure’s floor area 10 – 25% and result in a building >5,000 s.f.; 3. Additions to existing buildings that will increase a structure’s floor area >25% and result in a building 1,000 – 5,000 s.f. | 1. Extension of a certificate of appropriateness for small and large scale activities; 2. Reviews and recommendations by H.A.R.C. for P&Z as called for under Sections 7-108.A and 7-108.B of this code; 3. Challenges to the designation of a structure listed in the THAS; 4. Repositioning of a designated THAS primary structure; 5. Relocation of: a. A designated THAS secondary structure; b. A non-designated principal structure; c. A non-rated THAS primary structure; 6. Demolition of: a. A non-rated THAS primary structure; b. A non-rated THAS secondary structure; c. A non-designated principal structure; 7. Alteration to a significant landmark interior; 8. Designation of a local landmark or significant landmark interior | 1. New construction of >2,500 s.f.; 2. Additions to existing buildings that will increase a structure’s floor area >25% and result in a building >2,500 s.f. | 1. New construction of 2,000 – 5,000 s.f.; 2. Additions to existing buildings that will increase a structure’s floor area by >25% and result in a building which will contain 1,000 – 5,000 s.f. | 1. Extension of a certificate of appropriateness for small and large scale activities; 2. Reviews and recommendations by H.A.R.C. for P&Z as called for under Sections 7-108.A and 7-108.B of this code; 3. Challenges to the designation of a structure listed in the THAS; 4. Relocation of a THAS secondary structure; 5. Demolition of a non-rated THAS primary structure; 6. Repositioning of a THAS primary structure |
Minor Scale Activities | 1. New construction of <950 s.f.; 2. Additions to existing buildings that will increase a structure’s floor area 10 – 25% resulting in a building < 2,500 s.f.; | 1. New construction of <2,000 s.f.; 2. Additions to existing buildings that will increase a structure’s floor area 10 – 25% resulting in a building <5,000 s.f.; | 1. Additions to existing buildings that will increase the structure’s floor area >25% resulting in a building <1,000 s.f.; 2. Alteration of a rated structure that does not increase its floor area; 3. Extension of a certificate of appropriateness for a minor activity; 4. Repositioning of a THAS secondary structure | 1. New construction of 950 – 2,500 s.f.; 2. Additions to existing buildings that will increase a structure’s floor area >25% and result in a building which will contain 1,000 – 2,500 s.f.; | 1. New construction of 950 – 2,000 s.f.; 2. Additions to existing buildings that will increase the structure’s floor area 10 – 25% resulting in a building 1,000 – 5,000 s.f.; 3. Additions to existing structures that will increase the structure’s floor area by <10%, but >1,000 s.f. | 1. Additions to existing buildings that will increase the structure’s floor area >25% resulting in a building <1,000 s.f.; 2. Alteration of a rated structure that does not increase its floor area; 3. Extension of a certificate of appropriateness for a minor activity; 4. Repositioning of a THAS secondary structure |
Insubstantial Scale Activities | 1. Installation of a sign; 2. Any fence or landscape plan; 3. An amendment to a certificate of appropriateness that does not constitute a vested site-specific development plan; 4. Additions to existing buildings which will increase a structure’s floor area <10%; 5. Alteration of a non-designated or non-rated structure that does not increase its floor area; 6. Alterations to non-historic portions of a designated historic structure that do not increase its floor area; 7. Insignificant alterations to a designated structure, including by way of example and not by limitation: a. Replacement of non-historic windows and doors; b. In-kind replacement of roofing material; c. Replacement or repair of architectural features that restore the structure to its historic appearance; d. Replacement or repair of architectural features which create no change to the exterior physical appearance of the structure; e. Mechanical equipment, solar panels, or accessory features that have no impact on the character-defining features of the structure; 8. Demolition of non-designated secondary structures; 9. Extension of a certificate of appropriateness for insubstantial activity; 10. Repositioning of a non-designated structure; 11. Relocation of a non-designated secondary structure; 12. Wireless telecommunication facilities and equipment, pursuant to Section 7-214. | 1. New construction that will contain <950 s.f.; 2. Demolition of any non-designated structure; 3. Determinations of no effect that will not visually alter the structure | 1. New construction that will contain <950 s.f.; 2. Additions to existing buildings of <10%; 3. Demolition of any non-designated structure; 4. Determinations of no effect that will not visually alter the structure | 1. Installation of a sign; 2. Any fence or landscape plan; 3. An amendment to a certificate of appropriateness that does not constitute a vested site-specific development plan; 4. Additions to existing buildings which will increase a structure’s floor area <10%; 5. Alteration of a non-designated or non-rated structure that does not increase its floor area; 6. Alterations to non-historic portions of a designated historic structure that do not increase its floor area; 7. Insignificant alterations to a designated structure, including by way of example and not by limitation: a. Replacement of non-historic windows and doors; b. In-kind replacement of roofing material; c. Replacement or repair of architectural features that restore the structure to its historic appearance; d. Replacement or repair of architectural features which create no change to the exterior physical appearance of the structure; e. Mechanical equipment, solar panels, or accessory features that have no impact on the character-defining features of the structure; 8. Demolition of non-designated secondary structures; 9. Extension of a certificate of appropriateness for insubstantial activity; 10. Repositioning of a non-designated structure; 11. Relocation of a non-designated secondary structure; 12. Wireless telecommunication facilities and equipment, pursuant to Section 7-214. | ||
Work Sessions | 1. Reviews and recommendations by H.A.R.C. for P&Z as called for under Section 7-108.C of this code | 1. Reviews and recommendations by H.A.R.C. for P&Z as called for under Section 7-108.C of this code | ||||
Section 5-201 Attend Pre-Application Conference
5-201.A. Purpose. Prior to filing a development application, an applicant may confer with the Planning Director to obtain information and guidance for preparing the application and to permit informal review of development concepts so the applicant may decide how to proceed before substantial commitments of time and money are made in the connection with the development.
The applicant shall attend a pre-application conference prior to making the initial submission of any large-scale P&Z or H.A.R.C. development application
5-201.B. Content of Conference. Items to be discussed during the pre-application conference may include, but are not limited to the following:
5-201.B.1. The applicant should provide a verbal description of the proposed development, accompanied by a survey, site plan or other map illustrating the boundaries of the site, and the applicant’s initial plans for its development.
5-201.B.2. The Planning Director should identify and explain the procedural review requirements and applicable review standards for the proposed development. This should include identifying the body or bodies which will review the application, whether public notice is required, and the approximate time required to complete the review process.
5-201.B.3. The Planning Director should identify any Town, County, Special District, State and Federal agencies to which the Town will refer the application once it has been submitted and, as appropriate, provide the applicant with persons at these agencies to contact, so the applicant may determine any specific submission requirements the agency has.
5-201.B.4. The Planning Director should describe the materials required to be submitted as part of the application package, provide any applicable Town development application forms and indicate the number of copies of the application to be submitted and the applicable fee.
5-201.B.5. The Planning Director should refer the applicant to the submission requirements for each type of land development application found in Articles 6 and 7 of this Title and identify those reports, drawings or other required information necessary for the particular application.
5-201.B.6. The Planning Director may, at the pre-application conference or upon specific written request, waive certain information or submittal requirements upon a determination that the information or items are not necessary for proper review of the development application, or would duplicate information or items submitted in a pending, prior or consolidated development application concerning the same property. A reviewing body may during its review of the application determine that additional information is necessary before it takes final action on the application.
5-201.C. Work Session. An applicant may request that the Planning Director schedule a work session with the reviewing body prior to submitting a development application. The applicant shall demonstrate eligibility to apply for development of the property pursuant to Section 5-202 of this Division as part of the request for the work session.
5-201.C.1. The work session shall be based on the information discussed during the pre-application conference. The applicant shall present scale drawings and/or a site plan drawn to scale at the work session.
5-201.C.2. There shall be prior public notice for all work sessions. Public notice shall be a Level 3 Notice according to the provisions of 5-204.C., however they are not public hearings.
5-201.C.3. Work sessions shall only be scheduled for the regular meeting(s) of the reviewing body.
5-201.C.4. During the work session, the applicant may request that the reviewing body provide a preliminary evaluation of the project’s likely conformance with this Title. The reviewing body may provide this preliminary evaluation verbally during the work session, or direct that it be provided by the Planning Director within thirty (30) days thereafter.
5-201.C.5. The preliminary evaluation is not intended to, and shall not, vest the applicant or public with any reliance as to the outcome of the formal development review process.
Section 5-202 Submission of the Development Application
5-202.A. Eligibility to Apply. A development application may only be submitted by the owners of the real property proposed to be developed. If the applicant is not the sole owner of the property, a letter shall be submitted signed by the other owners or an association representing the owners consenting to or joining in the development application. If the applicant is a contract purchaser of a development parcel, the owners of the property shall join in or otherwise authorize in writing submission of the application.
5-202.B. Form. The development application form, a copy of which may obtained from the Planning Office, shall be submitted and shall accompany the information and materials specified for that particular type of application in this section and Article 6 or Article 7 of this Title.
5-202.C. Minimum Application Contents. All development applications shall include, at a minimum, the following information and materials.
5-202.C.1. The applicant’s name, address and telephone number. If the applicant is to be represented by an agent, a letter signed by the applicant shall be submitted authorizing the agent to submit and process the development application on the owner’s behalf. The letter shall state the representative’s name, address and phone number. Proof of ownership or agency shall be updated prior to execution or recordation of final development approval documents upon request of the Planning Director or Town Attorney.
5-202.C.2. The legal description and street address, if such exists, of the parcel on which development is proposed to occur.
5-202.C.3. A disclosure of ownership of the parcel on which the development is to occur listing the names of all owners of the property and all owners of mineral estates of record in the records of the San Miguel County Clerk and Recorder, mortgages, judgments, liens, easements, contracts and agreements affecting the parcel. The disclosure of ownership may be in the form of a current commitment from a title insurance company, deed, ownership and encumbrance report, attorney’s opinion, tax assessment record, contract for purchase and sale, or other documentation acceptable to the Town Attorney. The disclosure of ownership shall demonstrate to the satisfaction of the Town Attorney that the applicant has the right to submit the development application.
5-202.C.4. An eight and one-half inch by eleven inch (8 1/2" x 11") vicinity map, locating the subject parcel within the Town of Telluride.
5-202.C.5. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards in Article 6 or Article 7 applicable to the development application.
5-202.C.6. A development application fee as is established from time to time by the Telluride Town Council pursuant to Section 5-210.
5-202.D. Consolidation. The land development review process is designed to encourage the simultaneous review of multiple aspects of a development request. Applicants may request and the Planning Director may permit the consolidated review of more than one (1) development application for the same parcel of land. The Planning Director is authorized to waive any overlapping application requirements in the consolidated submission.
5-202.E. Application Timing. Any application requiring an appearance before the Planning and Zoning Commission or the Historical Architectural Review Commission, shall be deemed complete and compliant per section 5-203.A, a minimum of thirty (30) days prior to the meeting date. Any application that is continued shall be deemed complete and compliant per section 5-203, a minimum of fifteen (15) days prior to the continuation meeting date.
Section 5-203 Staff Review of the Development Application
5-203.A. Certification of Completeness and Compliance. Following receipt of the development application, the Planning Director shall determine whether the application is complete and whether the application complies with the requirements of the underlying zone district.
5-203.A.1. If the application is not complete or does not comply with the requirements of the underlying zone district, the Planning Director shall inform the applicant of the deficiencies.
a. The Planning Director shall take no further action on the application until the deficiencies are remedied. Upon request from the applicant, the Planning Director may consider waiver of missing application contents.
b. Once the deficiencies are remedied or waived, the Planning Director shall proceed to the next step in the review process as applicable.
5-203.A.2. If the application is complete and complies with the requirements of the underlying zone district, the Planning Director shall certify it and shall affix the date of the application acceptance thereon and shall assign the application an agenda date.
5-203.A.3. A determination that an application is complete and complies with the requirements of the underlying zone district shall not preclude the Town from determining, at any subsequent review step, that the application actually is not complete, does not so comply, or does not comply with any other requirement of this Title.
5-203.A.4. Should the Planning Director determine the application is incomplete or does not comply with the requirements of the underlying zone district in an insubstantial manner, the Planning Director may assign the application an agenda date and have the applicant correct the deficiencies.
5-203.A.5. The applicant may appeal a determination that the application is not complete or does not comply with the requirements of the underlying zone district to the Town Manager. Such an appeal must be submitted in writing within ten (10) days of the Planning Director’s determination. The Town Manager may grant or deny the appeal or may refer it to the applicable reviewing body.
5-203.B. Review and Referral. The Planning Director shall review the application to determine its general conformance with the requirements of this Title. The Planning Director may, as necessary, solicit the assistance and recommendations of any public utility or any other agency or organization deemed appropriate to complete the review.
5-203.C. Report. Prior to the date of a review body meeting, or hearing, the Planning Director shall compile a written report summarizing any review agency comment and which sets forth those aspects of the application that meet or fail to meet the standards and criteria required for the type of development requested. The Planning Director shall distribute a copy of the report to the reviewing body, the applicant, and shall make the report available to the public.
Section 5-204 Provision of Public Notice
5-204.A. Notice Required. Prior to conducting a public hearing as called for under the provisions of this Title, public notice of the hearing shall be provided pursuant to the terms of this Section.
5-204.B. Manner of Notice. Public notice shall be based on the application type. Depending on the Level of Notice required, the manner of notice includes newspaper publication, mailing of notice, posting of a sign notice, or Town’s web site publication notice.
5-204.B.1. Newspaper Publication of Notice.
a. Publication of Public Notice shall be accomplished by the Planning Department by publishing a public notice to the newspaper of record. The public notice shall be published at least fifteen (15) days prior to the public hearing.
5-204.B.2. Mailing of Notice.
a. Mailing of notice shall be accomplished by the applicant, who shall obtain a copy of the form of written notice from the Planning Staff.
b. Notice shall be mailed to all property owners within one hundred fifty feet (150') of the subject property (excluding streets, rights-of-ways, river courses and similar features), including individual condominium unit owners (when applicable), by first (1st) class mail at least fifteen (15) days prior to the public hearing.
c. Notice shall be mailed to all owners of mineral estates of record in the San Miguel County Assessor records by certified mail return receipt requested at least thirty (30) days prior to the public hearing.
d. The list of property owners’ names and addresses shall be created by the applicant using the current list of landowners as maintained by the San Miguel County Assessor, available on the San Miguel County mapping website, or as compiled through a licensed title insurance company.
e. Mailed notice may also be effectuated by hand-delivery so long as such delivery is accomplished by leaving notice with an adult property owner, as may be required, at any given address no later than the deadlines for mailed notice described above.
5-204.B.3. Posting of a Sign Notice. Posting of a sign notice shall be accomplished by the applicant, who shall obtain the form of the notice from the Planning Department. The applicant shall post the sign notice in a conspicuous location on the subject property at least fifteen (15) days prior to the public hearing. The materials to which the sign notice is affixed shall be sturdy and waterproof or shall have a waterproof covering. Each sign notice shall contain a QR Code that scans to notice content in accordance with 5-204.D.
5-204.B.4. Town’s Web Site Publication Notice. Publication of notice shall be accomplished by the Planning Department by publishing a public notice to the Town’s Web Site. The public notice shall be published at least fifteen (15) days prior to the public hearing.
5-204.C. Levels of Notice. Notice procedures for each application type are subject to the following levels of notice.
5-204.C.a. Notice Level One (1)
Posting of a Sign Notice as per 5-204.B.3
Town’s Web Site Publication notice as per 5-204.B.4
5-204.C.b. Notice Level Two (2)
Newspaper Publication notice as per 5-204.B.1
Town’s Web Site Publication notice as per 5-204.B.4
5-204.C.c. Notice Level Three (3)
Mailing of Notice as per 5-204.B.2
Posting of a Sign Notice as per 5-204.B.3
Town’s Web Site Publication Notice as per 5-204.B.4
5-204.C.d. Notice Level Four (4)
Newspaper Publication Notice as per 5-204.B.1
Mailing of Notice as per 5-204.B.2
Posting of a Sign Notice as per 5-204.B.3
Town’s Web Site Publication Notice as per 5-204.B.4
5-204.D. Content of Notice. Each notice shall contain:
5-204.D.1. the name of the owner and the applicant;
5-204.D.2. the property’s legal description and, if available, street address;
5-204.D.3. the type of development approval(s) sought and a brief summary of the development proposal; and
5-204.D.4. the date, time and location of the hearing and name of the decision-making body conducting the hearing.
The notice shall also indicate that more complete information about the application is available at the Planning Department and shall provide a telephone number at the Town where inquiries may be answered.
5-204.E. Affidavit. The applicant shall, at least ten (10) days prior to a public hearing, submit for the public record an affidavit or other evidence certifying that public notice was provided in accordance with the requirements of this Section.
5-204.F. Adequacy of Notice. The applicant and the Planning Director shall make every reasonable effort to comply with the notice provisions set forth in this Section. notice shall be deemed adequate if, in accordance with Section 5-204.B., notice was mailed to all property owners as listed on the current San Miguel County Assessor’s list of landowners, and, with respect to the owners of mineral estates, to the owners shown in the records of the San Miguel County Clerk and Recorder’s Office, and if publication to the Town’s Web Site and sign posting has occurred. Notice shall not be considered insufficient because of unrecorded or subsequent transfers of title, or uncertainties concerning ownership not discernible from the tax rolls or, with respect to the owners of mineral estates, from the records of the Clerk and Recorder. Finally, notice shall also be considered sufficient if the sign for posting has been removed by natural occurrences (wind) or otherwise and has been replaced by the applicant.
Table 5-2. Land Use Application Classifications and Public Notice Requirements
HARC or HARC Chair Hearings | |
|---|---|
MINOR SCALE ACTIVITIES – All Minor Scale Activities that are not additions or new construction of 950 sq. ft. or more. | Notice Level One (1) |
WORK SESSION (7-108.C) | Notice Level Three (3) |
LARGE SCALE ACTIVITY – Preliminary Review (7-204 D.) | |
LARGE SCALE AND SMALL SCALE ACTIVITIES – Final Review (7-206.D.) | |
MINOR SCALE ACTIVITIES – Additions and new construction of 950 sq. ft. or more (7-211.D.) | |
P&Z or P&Z Chair Hearings | |
|---|---|
LUC AND ZONE DISTRICT MAP AMENDMENTS for recommendations to Town Council (6-502.D. and H) | Notice Level Two (2) |
ANNEXATION – Final Review for Recommendation to Town Council (6-605.E.) | |
WORK SESSION (5-201.C) | Notice Level Three (3) |
USES PERMITTED ON REVIEW (6-102.D.) | Notice Level Four (4) |
ACTIVITIES PERMITTED ON REVIEW (6-111.D) | |
VARIANCES (6-202.D.) | |
PUD – Conceptual (6-307.D.) | |
PUD – Preliminary (6-309.D.) | |
SUBDIVISION – Preliminary (6-404.F.) | |
SUBDIVISION – Minor (6-406.D.2) | |
ANNEXATION – Preliminary Review (6-603) | |
MHP LICENSING (6-705) | |
Town Council Hearings | |
|---|---|
TEMPORARY USES AND STRUCTURES (6-807) | Notice Level Three (3) |
Section 5-205 Authority To Act On The Development Application
5-205.A. Authority To Act. Development approvals may be granted by the following persons or review boards within the Town of Telluride: the Planning Director, the P&Z or H.A.R.C. chairperson, P&Z, H.A.R.C., and Town Council.
Table 5-3 categorizes the development approvals each of these persons or reviewing bodies is authorized to grant.
5-205.B. Referral. The Planning Director shall refer to the appropriate reviewing body development applications for which that body is authorized to make a recommendation or take a final action.
5-205.B.1. The Planning Director may also, at its discretion, refer to a reviewing body any application which the Planning Director, or the P&Z or H.A.R.C. Chairperson may be authorized to approve. Such referral may be requested by the chairperson of the reviewing body. The Planning Director shall regularly advise the reviewing body chairperson as to proposed actions which may be of significant concern to the reviewing body.
5-205.B.2. In the event of disapproval by the reviewing body of a proposed action of the Planning Director, P&Z or H.A.R.C. Chairperson and Planning Director such person may either accept the decision or appeal the action through the Planning Director to the Town Council.
5-205.C. Consent Agenda. The consent agenda is that portion of a reviewing body regularly scheduled agenda which is used to act on, or approve collectively, development applications which do not require public discussion or comment.
5-205.C.1. The public shall be advised of an opportunity to publicly comment on consent agenda items prior to reviewing body action. Upon request of the applicant, the Planning Director, or any member of the public or the reviewing body, an item shall be removed from the consent agenda and separately heard.
5-205.C.2. When an item is removed from the consent agenda it shall be acted on at the same meeting at which the removal occurs, unless the applicant or Planning Director requests that the item be continued in order to prepare additional information or respond to the concerns of the reviewing body.
5-205.C.3. The presence of the project proponent, applicant, or the applicant’s representative is not required for consent calendar items. If an item is removed from the consent calendar and discussion with the applicant is required and such person is not in attendance, the item shall be continued to the next available hearing time.
Section 5-206 Public Action on the Development Application
5-206.A. Site Inspection. Prior to any meeting or hearing to consider an application, a reviewing body may, either as a whole or through a committee appointed for that purpose, inspect the site of a proposed development. Reasonable advance notice of such site inspection shall be provided to the applicant by verbal or written means. The applicant shall, as requested, set flags or stakes at the development site locating property boundaries, building envelopes, and other key site development features. If a project review requires public notice of a hearing, the public notice shall also state the time and place of any site inspection and that the inspection shall be open to the public.
5-206.B. Review Coordination.
5-206.B.1. When a H.A.R.C. review and recommendation is required for a proposed development it shall be obtained pursuant to Article 7 of this Title prior to final action by P&Z on the development application. HARC design review shall be completed subsequent to final action by P&Z.
5-206.B.2. When a variance is necessary for a proposed development, it shall be obtained pursuant to Article 6, Division 2 of this Title prior to final action by a reviewing body on the development application, unless otherwise permitted by the reviewing body.
Table 5-3. Reviewing Body Final Approval Authority
Planning Director and Applicable Review Body Chair | Town Engineer | H.A.R.C. | Planning and Zoning Commission | Town Council |
|---|---|---|---|---|
1. Interpret Text of Land Use Code | 1. Issue Geologic Hazard Permits | Grant Large Scale Activities | 1. Grant Large Scale PUD or Subdivision | 1. Grant Amendments to the Zone District Map |
2. Interpret Official Zone District Map Boundaries | 2. Issue Floodplain Hazard Permits | Grant Small Scale Activities | 2. Grant Small Scale PUD or Subdivision | 2. Grant Amendments to the Land Use Code |
3. Grant Minor Subdivision | 3. Issue Access Permits | 3. Allow Uses Permitted on Review | 3. Adopt the Master Plan and Plan Amendments | |
4. Grant Minor and Insubstantial H.A.R.C. Activities | 4. Issue Encroachment Permits | 4. Allow Activities Permitted on Review | 4. Approve Annexation of Land to the Town | |
5. Grant Subdivision or PUD Amendment | 5. Issue Excavation Permits | 5. Grant Standard Variances | 5. Designate Areas and Activities of State and Local Interest | |
6. Grant Insubstantial amendment to Use Permitted on Review | 6. Independent Calculation of Employment Generation | 6. Approve Licenses for Mobile Home Parks | ||
7. Grant Secondary Unit Variance | 7. Hear Appeals of Decisions By All Other Review Bodies |
5-206.C. Hearing Procedure. At a hearing to consider a development application the reviewing body shall review the data supplied by the applicant, review the findings and recommendations of the Planning Staff, and take testimony from all interested persons in attendance. The applicant shall offer competent evidence in support of the application sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application. During the hearing process on all preliminary and final reviews of development applications, the reviewing body may allow for up to three continuances to hear the matter, so that the applicant may make modifications or provide additional information and evidence in support of the application. The Town Manager, upon request by the Chair or the reviewing body, may provide an exemption to the limitation on continuances when a compelling reason exists in the discretion of the Town Manager.
5-206.D. Action By Decision-Making Body. After hearing evidence and considering the comments of all persons interested in a matter, the reviewing body shall render a decision accompanied by any necessary findings and have them entered in its minutes. In its findings, the reviewing body should report the facts found and its conclusions and whether the development application is approved, approved with conditions, recommended for approval by another body, tabled or continued pending receipt of additional information, or denied. The reviewing body shall not be required to take final action on a development application during the same meeting at which evidence or testimony from interested persons has been taken and may continue the matter in accordance with the limitations set forth in Section 5-205.C. of this Article.
5-206.E. Action by Planning Director or Chairperson.
5-206.E.1. Any action or approval authorized to be taken by the Planning Director or Chairperson of the P&Z or H.A.R.C. may be referred by that person to the P&Z or H.A.R.C., as the case may warrant, for its review and approval should the action or approval be deemed to be of elevated interest to either the reviewing body or to the affected neighborhood.
5-206.E.2. A reviewing body may refer to its Chairperson and/or the Planning Director final compliance review of any condition or other concern which arises during that body’s review or approval of an application.
5-206.F. Call-Up.
5-206.F.1. The Town Council, or any two (2) Councilpersons, may call up a development application for review by Town Council upon written notice thereof at any time after the application is certified complete and until fourteen (14) days after the date of final decision of the reviewing body.
5-206.F.2. A copy of the written call-up notice shall be mailed by the Town Clerk to the applicant and the reviewing body. Upon filing of such notice with the Town Clerk, any decision of the reviewing body shall be suspended.
5-206.F.3. Upon call-up, the Town Council shall be vested with jurisdiction over the development application and shall conduct its review of the application under the same process and requirements applicable to the reviewing body. Such review shall be conducted within thirty (30) days from the date of the call-up, or as soon thereafter as can be reasonably accommodated.
5-206.G. Termination. The Town’s policy is to move projects through the review process in a reasonable and expeditious manner. The time required for development review will vary with the size and complexity of each application and the establishment of exact time requirements for review is often impractical. A reviewing body, however, may deny an application which remains inactive under the following conditions:
5-206.G.1. Whenever the Planning Director has reason to believe that an applicant is not making reasonable progress in moving a development application towards final action he may request the reviewing body to deny the development application and close the files with respect to that project. No development application shall be denied on the basis of inaction without giving sixty (60) days prior written notice to the applicant by certified mail. Such notice shall state the intent of the Planning Director to have the project denied because of inaction and the time, place, and a date when the matter will be heard before the reviewing body.
5-206.G.2. A project may be deemed inactive and subject to denial for inactivity if at the time of hearing on the denial request:
a. More than three (3) months have passed since the last meeting between the Planning Director or the reviewing body and the applicant; or
b. More than two (2) months have passed since a request for additional information was made by the Planning Director or the reviewing body to the applicant, which request has not been complied with or substantively responded to; or
c. The applicant is more than sixty (60) days in default of the payment of any fee assessed under this Title, or has not paid the fee under protest; or
d. The applicant has stated an intention to abandon the project; or
e. The application has been filed for the purpose of attempting to vest real property development rights prior to a zoning or code change without an actual intent to construct the project applied for.
5-206.G.3. An applicant may appeal to the Town Council a reviewing body’s denial of a project for inactivity in the same manner as any other appeal. The action may also be called up by the Council. The Town Council may reinstate the application subject to payment of full or partial application fees, reinstate it subject to specific conditions, or deny reinstatement.
5-206.G.4. If an applicant desires to proceed with a project following termination, the applicant must start at the beginning of the review process with a new submission and payment of new application fees. The new submission shall be subject to all provisions of this Title then in effect.
5-206.H. Payments Delinquent. No final approval shall be granted for any application pertaining to property for which the owner is delinquent with any payment due to the Town, including, but not limited to, land use or building permit application fees and Town or County taxes and assessments.
5-206.I. Multiple Active Development Applications. To maintain a predictable and efficient land development review process, a reviewing body shall not approve more than one (1) active, nonamending PUD or subdivision application for an affected parcel of land.
Section 5-207 Appeals
Except as may be required by a different section of this Title that more particularly describes an appeal procedure, the following general procedures shall govern appeals from a final decision of a reviewing body or official.
5-207.A. Persons Who May Appeal. Upon final approval or denial by a reviewing body of any development application the following persons may appeal the action of the reviewing body to the Town Council:
5-207.A.1. the applicant;
5-207.A.2. any owner or lessee of property adjoining the subject property;
5-207.A.3. any owner or lessee of property within 150' of the subject property;
5-207.A.4. the Town Manager; or
5-207.A.5. any person whom the Town Attorney determines would have standing to litigate an adverse outcome.
5-207.B. Written Notice. An appeal from a final decision of a reviewing body may be taken by filing with the Town Clerk a written notice of appeal within fourteen (14) days after the date of the decision or final action appealed from. The notice shall:
5-207.B.1. Identify the owner, the applicant, and the property which is the subject of the appeal;
5-207.B.2. Briefly describe the reviewing body action complained of;
5-207.B.3. State the date of the action appealed from;
5-207.B.4. State the name, address, and telephone number of the person bringing the appeal (the appellant);
5-207.B.5. Describe the factual and legal basis of the appeal with particular reference to applicable Land Use Code provisions and any other Town regulatory requirement or procedure which may not have been complied with;
5-207.B.6. Describe any injury or harm to the appellant resulting from the reviewing body’s action;
5-207.B.7. Request that the record compiled by the reviewing body be prepared by the Town Clerk;
5-207.B.8. Certify that a copy of the appeal has been mailed to the applicant and the reviewing body on or before the date of filing of the notice of appeal, if applicable; and
5-207.B.9. Be accompanied by an appeal fee as set forth in the fee schedule adopted pursuant to Section 5-210.
5-207.C. Schedule Hearing. Upon the filing of a notice of appeal, the Town Clerk shall schedule a hearing thereon before the Town Council or such other appropriate body to be commenced within thirty (30) days after the date of filing of the notice, or as soon thereafter as can be reasonably accommodated.
5-207.D. Publish Notice. Notice of an appeal hearing shall be published on the Town’s Web Site at least ten (10) days prior to the date of appeal hearing. The notice should also be included in the publication to the Town’s Web Site of the Town Council’s regular agenda.
5-207.E. Mail Notice. Notice of the appeal hearing shall be mailed by regular U.S. Mail or hand-delivered by the Planning staff to the appellant and the applicant (if different) at least ten (10) days prior to the hearing, and any other person who has previously requested such notice in writing.
5-207.F. Consider Record. In hearing an appeal the Town Council or other appropriate appellate body shall consider only the record as compiled at the hearing or hearings before the reviewing body. The record shall consist of the development application, a transcript of the hearing before the reviewing body and all minutes, notices, letters, approval or denial resolutions, or exhibits entered into the record by the reviewing body in reaching its decision. The record on appeal shall be finalized no less than ten (10) days prior to the hearing.
5-207.G. Cost. The cost of preparation and copying of the designated record shall be paid by the appellant prior to establishment of the date of the appeal hearing, pursuant to an estimate of the cost determined by the Town Clerk. Upon the posting of a
deposit or surety equal to the amount owed, the Town Council or other appropriate appellate body may delay payment, in whole or in part, of such cost in the event of unusual hardship or for other good cause. A request to waive or refund the payment shall be heard during the same meeting as the appeal and shall not be cause to delay action on the appeal hearing.
5-207.H. Standards. A decision of a reviewing body on appeal shall be affirmed unless on appeal it is determined that the reviewing body acted arbitrarily and capriciously, abused its discretion, exceeded its jurisdiction, acted without proper evidence or a sufficient factual basis, or otherwise failed to act in accordance with the provisions of this Title. The burden of proof shall be upon the appellant to demonstrate such grounds.
5-207.I. Action. Within fourteen (14) working days after the conclusion of an appeal hearing, or as soon thereafter as may be reasonably accommodated, the Town Council or other appropriate appellate body shall in writing either affirm or reverse, in whole or in part, with or without conditions, the decision of the reviewing body. The appellate body may also remand the application to the reviewing body with or without instructions, which may include requirements for additional hearings, further findings, or other specific action on the application.
5-207.J. Extraordinary Majority Required. To reverse, modify, or remand a decision of a reviewing body on appeal, an extraordinary majority of Town Council (i.e., five (5) Councilpersons) or other appropriate appellate body or other person must so vote, except that in the event of disqualification of one (1) or more person from participating in the appeal, the number of votes necessary shall be reduced by the same number.
5-207.K. Disqualification. Participation on a reviewing body by a Town Councilperson who is a member of such body shall be grounds for disqualification due to predisposition or conflict of interest from hearing and determining an appeal or call up from a decision of that reviewing body.
5-207.L. Court Review. The decision of Town Council on an appeal (other than a remand) may be reviewed by a court of competent jurisdiction in accordance with the Colorado Rules of Civil Procedure.
5-207.M. Exhaust Administrative Remedies. The exhaustion of administrative remedies, including appeal, shall be a prerequisite for judicial review of any action on a development application made pursuant to this Code.
5-207.N. H.A.R.C. Appeals. Appeal of an action of H.A.R.C. shall be subject to any additional requirements of Section 7-217 of this Title.
Section 5-208 Vested Property Rights
5-208.A. Purpose. 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, and to effectuate local control over the creation of vested property rights to the fullest extent permitted under the Telluride Home Rule Charter.
5-208.B. Vested Property Right. Vested property right means the right to undertake and complete an approved development and use for property under the terms and conditions of a site specific development plan.
5-208.C. Exceptions. A vested property right, once established, shall preclude any zoning or land use action by the Town of Telluride which would alter, impair, or diminish the development or use of the property as set forth in an approved site specific development plan, except:
5-208.C.1. With the consent of the applicant; or
5-208.C.2. Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the property, which could not reasonably have been discovered at the time of vested rights approval, and which, if not corrected, would pose a serious threat to the public health, safety and welfare; or
5-208.C.3. To the extent that compensation is paid, as provided in Title 24, Article 68, C.R.S.
The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and applicable to all property subject to land use regulation by the Town, including, but not limited to, fee assessments and building, fire, plumbing, electrical, mechanical, water and sewer codes.
5-208.D. Public Hearing. Approval of a site specific development plan shall require a public hearing for which notice has been provided as specified in Section 5-204. Such notice may be combined with any other required notice.
5-208.E. Effective Date of Approval. A site specific development plan shall only be deemed established and approved upon the final action of the reviewing body or official designated under this Title with authority to grant final development approvals. The effective date of a site specific development plan shall be the date on which a final plat, development plan, development agreement, certificate of appropriateness, or other applicable document memorializing a development approval as specified in this Title has been duly executed. A site specific development plan which has received final approval subject to conditions to be satisfactorily performed at some future date shall result in a vested property right unless there is a failure to abide by such conditions, in which event the vested property right shall be forfeited. In the event of amendments to a site specific development plan, the effective vesting date of any amendment shall be the date of the approval of the original plan unless otherwise specifically provided in the action or document approving and memorializing the amendment.
5-208.F. Referendum and Judicial Review. A site specific development plan shall be subject to all rights of referendum and judicial review, except that the thirty (30) day period of time for the exercise of such rights shall not begin to run until the publication of a notice of approval as provided for in section 5-208.H infra.
5-208.G. Document Language. Each map, plat, or site plan or other document constituting or memorializing a site specific development plan shall contain the following language: “Approval of this plan shall create a vested property right pursuant to article 68 of Title 24 C.R.S., as amended, subject to the limitations of Telluride Land Use Code Section 5-208.” Failure to contain this statement shall not invalidate the creation of the vested property right.
5-208.H. Publish Notice. Notice of the approval of a site specific development plan identifying the specific parcel or parcels affected and generally describing the approval and stating that a vested property right has been created shall be published once by the Town not more than fourteen (14) days after such approval in a newspaper of general circulation within the Town.
5-208.I. Payment Of Costs. In addition to any and all other fees and charges imposed by this Code, an applicant for approval of a site specific development plan shall be required to pay all costs occasioned to the Town as a result of the site specific development plan review, including publication of notices, public hearing and review costs.
5-208.J. Limitations. This Section is intended only to implement the provisions of Article 68 of Title 24, C.R.S., as amended. In the event of the repeal of said article or a judicial determination that said article is invalid or unconstitutional, this Section shall be deemed to be repealed and the provisions hereof no longer effective.
5-208.K. Duration of Vested Rights and Extensions. A vested property right shall remain vested for a period of three (3) years from the effective date of the site specific development plan. This vesting shall not be extended by any amendments approved to the plan, unless expressly authorized pursuant to Section 5-208 D.
5-208.K.1. Substantial failure to comply with a site specific development plan or to abide by any conditions of approval of such plan shall result in the forfeiture of vested property rights.
5-208.K.2. Upon approval by the Town Council, a property right originally vested may be extended for a period exceeding an initial three (3) year vesting period when deemed in the public interest and when warranted in light of all relevant circumstances including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. Town Council shall receive a recommendation from the P&Z Chairperson and/or the HARC Chairperson, as applicable, before granting an extension of any vested right.
5-208.K.3. When a complete building permit application for the entire project is submitted at least thirty (30) days prior to the end of the project’s statutory three (3) year vesting period, and the building department requires more than thirty (30) days to review the application, the statutory vesting period shall be extended but only until such time as necessary to issue the building permit.
5-208.L. Expiration of Non-Vested Approvals. Any applicant receiving a final development approval that does not constitute a site specific development plan and who fails to obtain and undertake action in reliance on a building permit, or who fails to timely record all necessary plats or plans, shall have its approval expire one (1) year from the date of its approval unless a shorter or longer period is specifically authorized by another section of this Code. Non-vested approvals shall be subject to all changes in the Land Use Code as may impact the approval prior to its expiration.
5-208.M. Extension of Non-Vested Approvals. An applicant may request an extension of a development approval which has not obtained vested rights by submitting an application for extension, along with the applicable fee, prior to the date on which the approval will expire. Extensions shall be limited to not more than six (6) months and may be granted if the reviewing body which granted the initial final approval finds all of the following criteria are met:
5-208.M.1. any public or private improvements which were required to be installed by the applicant prior to construction of the project have been installed;
5-208.M.2. the conditions applied to the project at the time of its final approval which were to have been met as of the date of application for extension have been complied with and all required documents have been filed with the Town; and
5-208.M.3. the project has been diligently pursued in all reasonable respects and the project is in the best interests of the community.
5-208.M.4. No more than one prior extension has been previously granted.
Section 5-209 Actions Following Development Approval
5-209.A. File Required Documents. Following approval of a development application, and except as may be otherwise required in a more specific provision of this Title, the applicant shall submit to the Planning Director those documents which are required by the approval of the application.
5-209.A.1. As a condition of approval of a development application, an applicant may be required to execute a development agreement with the Town that incorporates all conditions of the approval including, without limitation, time limits for completion of the development
a. The development agreement shall be binding upon the applicant and any successor in interest. Any violation of the development agreement shall be considered a violation of this Title.
b. The development agreement may be incorporated into a subdivision improvements agreement or a planned unit development plan, as appropriate.
5-209.A.2. For all development applications approved by the Planning and Zoning Commission and for all development applications approved by H.A.R.C. for construction of new structures, the applicant shall file with the Planning Director at least two prints containing the approved site plan and incorporating any conditions of approval. The Planning Director shall endorse and date any required mylar of the final plan upon finding it conforms with the approval granted and adequately documents all terms of approval. A mylar or other reproducible copy of the site plan shall remain on file in the Planning Department. If deemed appropriate, the Planning Director shall promptly record the final documents, upon payment of recording fees by the applicant.
5-209.B. Application For Building Permit. The applicant may apply to the Building Official for a building permit following execution and/or recordation of required development approval documents.
5-209.B.1. A building permit may be applied for after final approval of a development application, but no building permit shall be issued until after any appeal or call up period has expired or, in the event an appeal or call-up occurs, until after final action on the appeal or call-up. An applicant for such permit bears all risks of any subsequent disapproval pursuant to an appeal or call up.
5-209.B.2. Prior to issuance of a building or other permit the Building Official, in consultation with the Planning Director, shall determine whether applicable provisions or conditions of the development agreement or development approval have been met.
5-209.B.3. If applicable provisions or conditions of a development agreement or development approval have not been met, the Planning Director may refer the matter to the appropriate reviewing body which shall determine whether the applicant has failed to comply with the development agreement or approval. If so, the reviewing body may:
a. Revoke the approval; or
b. Impose additional conditions or modifications to carry out the purposes of the original approval; or
c. Recommend enforcement remedies.
5-209.B.4. At any time after the execution of a development agreement or approval document any interested person aggrieved by an alleged failure of the applicant or its successors to comply with the development agreement or approval may request a hearing before the reviewing body to determine whether the conditions of the agreement have been met.
5-209.C. Re-Application for Development Approval. If the Town finally denies a development application, the applicant or any successor in interest may not file a substantially similar development application for a period of one (1) year from the date of final action.
5-209.D. Amendments. Except as otherwise specified in this Title, development approvals may be amended by following the same procedures as for the initial application.
Section 5-210 Development Application Fees
5-210.A. Fee Schedule. The fees and fee structures referenced throughout the Town of Telluride Land Use Code shall be set forth by Town Council resolution. Fees and fee structures shall be reviewed every two years. Fees and fee structures may be modified at a regular meeting of the Town Council upon recommendation of P&Z, the Planning Director and/or Town Manager. In the case of application fees, the intent of establishing and collecting fees is to recover the fair and average cost of all expenses, including staff time, associated with the administration of the Town of Telluride Land Use Code. In the case of other fees, such as payment-in-lieu fees, the intent of establishing and collecting fees is to recover the full cost to the Town of providing the given activity the applicant seeks to avoid.
5-210.B. Waiver of Fees. Upon positive recommendation of P&Z, the Town Council may by motion and without additional notice of hearing authorize refunds or waive development review application fees. Council may authorize refunds or waivers of fees only in cases of hardship to the applicant, or economic benefit to the community, or other unique circumstances.
5-210.C. Multiple Applications. In the event that more than one (1) development application is simultaneously submitted to a reviewing body for the same property (for example, a P.U.D. plan and a major subdivision plan), the applicant shall pay the required fee for each development application.