Loading...
7.16.020 General Proceedures and Requirements - CLEANOrdinance 25-06 7.16.020 General Procedures and Requirements, Avon Municipal Code 7.16.020 General Procedures And Requirements The following procedures shall apply to all development applications which are reviewed under this Chapter. (a) Step 1: Pre-application Conference. A pre-application conference is required for all development applications unless waived by the Director. The pre-application conference serves to assist the applicant with (1) identifying information which must be provided for a complete development application, (2) understanding the development application review process, (3) identifying appropriate referral agencies for review and comment, (4) achieving compliance with development standards, understanding relevant planning issues and (5) determining appropriate fees. The Director may include other Town representatives in the pre-application conference as deemed appropriate. (1) The applicant shall provide sufficient information to the Director at least five (5) business days prior to a scheduled pre-application conference, unless such time frame is waived by the Director. (i) Minimum information shall include applicant information, property description, description of the proposed development or nature of the development application and conceptual site plans or drawings which illustrate the nature of the development application. (ii) The Director may determine that the information provided is insufficient and request additional information. (iii) If the applicant fails to provide sufficient information for a pre-application meeting and seeks to proceed with the application process, the Director may notify the PZC and Council of the lack of adequate information submitted at the pre-application conference. (iv) The Director 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 Director 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. (b) Step 2: Application Submittal. (1) Applicant. The owner of real property or authorized representative of the owner with a properly acknowledged power of attorney, may submit a development application. No development application shall be received for processing or approved and no application for a building permit shall be granted, when the applicant is in default under any related or unrelated agreement or obligation to the Town. (2) Application Submittal Requirements. The applicant shall submit the application to the Director. Application submittal requirements for every application type shall be available on the Town's website. (i) The Director may adopt standards and requirements for three-dimensional electronic and graphic information for application submittal requirements. (ii) The Director may waive submission requirements where appropriate to specific applications; however, the waiver of any submission requirement shall not preclude the Planning and Zoning Commission or Town Council from requiring such information where deemed necessary for evaluation of the development application with the applicable review criteria. Ordinance 25-06 7.16.020 General Procedures and Requirements, Avon Municipal Code (iii) The minimum submittal requirements for all applications shall include: A. Completed application forms; B. Owner's signature or an acknowledged power of attorney if the owner has authorized an agent or representative to act as the applicant; C. An electronic Title Commitment dated within sixty (60) days of the application. If the Title Commitment does not contain live document links, a copy of the Commitment submittal shall be accompanied with copies of all documents listed in the Exceptions; D. Legal description of the property subject to the development application; E. Development application review fees; and F. Recent Survey executed no more than three (3) years old prior stamped by a surveyor licensed in the State of Colorado. The preferred survey type (minimum) includes a plat, Information Location Certificate (ILC), or Alta. Survey must reflect current conditions of the subject property. G. For Subdivision applications: Closing calculations, as supplied by the applicant surveyor. (3) Required Studies and Reports. Reports or studies may be necessary to adequately evaluate the development application for compliance with the review criteria. Such reports include but are not limited to: studies of soils, geological hazards, fiscal impacts, market analysis, traffic impacts and/or environmental impacts. The applicant shall furnish the reports or studies needed at the applicant's sole expense. The Town may require independent peer review of any report or study provided by the applicant. (i) 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 Director and set forth in the Administrative Manual. (4) Concurrent Review Permitted. Where multiple development applications concern the same property, the Director may permit concurrent review of the development applications for efficiency and practicality. (5) Multiple Applications. A single property shall not be permitted to have more than one (1) application of the same type being processed concurrently. (6) Fees. Fees shall be paid in accordance with Section 7.04.100, Fees. (c) Step 3: Application Processing. (1) Determination of Completeness. A development application shall be reviewed for completeness by the Director within ten (10) business days after acceptance of an application. If the application is determined to not be complete, then a written communication shall be promptly provided to the applicant indicating the specific deficiencies in the application. The determination that an application is complete or the failure to determine an application is incomplete within ten (10) days shall not preclude the Town from requiring information which is necessary and relevant to evaluate the development application for compliance with the review criteria. A determination by the Director Ordinance 25-06 7.16.020 General Procedures and Requirements, Avon Municipal Code that the application is incomplete may be appealed to the Town Council in accordance with the procedures in Section 7.16.180, Appeal. (2) Referral to Other Agencies. Development applications may be referred to other agencies for review and comment. (i) The Director shall attempt to identify appropriate referral agencies and shall consider the comments from referral agencies as part of the staff review and report. (ii) The Planning and Zoning Commission and Town 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. (iv) Referral of development applications to other agencies shall provide a minimum time frame for review and comment of fourteen (14) days for development plans, variances, amendments to text of the Development Code and minor subdivisions; and twenty-one (21) days for preliminary subdivision, planned unit development, planned unit development amendments, rezoning and 1041 permits; however, the time frame for review and comment may be extended if the development application presents technical issues which require additional review, if additional information is provided by the applicant or the application is modified. Referral agencies may include, but are not limited to: A. Any utility, local improvement or service district or ditch company, when applicable; B. The Colorado Department of Transportation when the proposed development is adjacent to or in sufficient proximity to affect a right-of-way, interchange or other facility; C. The Colorado Geological Survey for findings and recommendations pertaining to geologic factors, including geologic hazards, mineralized areas and sand and gravel areas that would have a significant impact on the proposed use of the land; and D. Any other agency concerned with a matter or area of local interest that could be affected by the application. (3) Staff Review and Report. The Director shall review the application in accordance with the criteria established in this Chapter and shall prepare written findings of fact. If authorized as the decision- making authority, the Director shall inform the applicant in writing of the findings and determination. If not authorized as the decision-making authority, the Director shall prepare a recommendation and submit the recommendation and findings to the appropriate review and decision-making authority. (4) Required Processing. Applicants shall be required to continuously and diligently pursue their development applications, which shall include responding in a timely manner to staff comments and requests. An applicant which fails to respond to staff comments or requests for a period of four (4) months shall be administratively withdrawn by the Director unless the Director determines that good cause exists to extend the application time frame and approves such extension in writing. (d) Step 4: Notice. Notice shall be required for all public hearings conducted by the Planning and Zoning Commission and Town Council. Ordinance 25-06 7.16.020 General Procedures and Requirements, Avon Municipal Code (1) Published and Posted Notice. Notice shall be published in a newspaper of general circulation within the Town and posted in the designated official places of posting by the Town at least eleven (11) days prior to the hearing date. (2) Mailed Notice. (i) For procedures that require mailed notice, notice shall be sent by first-class mail to all real property owners within three hundred (300) feet of the property which is the subject of development applications including preliminary subdivision, planned unit development, major planned unit development amendments, rezoning, and 1041 permits as measured from the boundary of the property; or (ii) For procedures that require mailed notice, notice shall be sent by first-class mail to all real property owners within one hundred (100) feet of the property for development applications including special review use, temporary use, variance, minor planned unit development amendments, or Wildridge Lot Split Amendments, as measured from the boundary of the property. (iii) If a property within the applicable mailing radius requiring notification is a commercial condominium project or similar, notice may be mailed to the managing agent, registered agent, owner’s association, or any member of the board of directors of the project. (iv) Mailed notice shall be postmarked at least eleven (11) days prior to the meeting. (v) Mailed notice shall be sent by the Town at the applicant's expense, including a reasonable allocation of labor expense. The Eagle County Assessor's records may be used to determine the addresses of real property owners. The Town shall include a certification of mailing affidavit in the public record. Mailed notice shall be required for applications as noted in Table 7.16-1. (3) Notice Content. Every required form of notice shall state the time and place of the hearing, the name of the applicant, a general description of the subject property indicating its location (which shall be shown by map within mailed notices only, made available upon request by Director), 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 Director's office during regular business hours for review or inspection by the public, and, a statement that written comments may be submitted to the Community Development Department or the Town Clerk. All required notices shall be approved by the Director prior to posting or distributing. (4) Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed. Any person who appears at a public hearing is deemed to have received constructive notice and waived any grounds to challenge defective notice. If a question arises at the hearing regarding the adequacy of notice, the reviewing or decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Code. When the records of the 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 Ordinance 25-06 7.16.020 General Procedures and Requirements, Avon Municipal Code to continue a hearing to a future specified date, time and location, then constructive notice is deemed to have been provided for such continued hearing date and additional notices shall not be required. (e) Step 5: Public Hearings. The Director shall schedule a public hearing date before the PZC and/or Town Council after a complete application has been received, and Town staff has completed Town staff review and referral agencies have had an opportunity to provide comments. (1) The Director may delay the scheduling of a public hearing to a subsequent meeting where an agenda of the PZC or Town Council is full. (2) A complete application shall be scheduled for an initial public hearing within seventy-five (75) days after the date that the application is determined to be complete unless the applicant consents to scheduling the public hearing on a later date. (3) The PZC or Town Council may continue a public hearing on its own initiative for a maximum of sixty-five (65) days after the date of the initial public hearing without the consent of the applicant. (4) The PZC or Council may continue a public hearing for a maximum of ninety-five (95) days with the consent of the applicant. (5) The reviewing authority shall have thirty-five (35) days after the close of a public hearing to issue written findings in accordance with Paragraph 7.16.020(f)(3) and adopt a written final record of decision. (f) Step 6: Review and Decision. The following rules shall apply to review, recommendations and decisions conducted at public hearings: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town 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: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. (2) Authority to Require Additional Studies. If the reviewing authority finds that the submittal materials are not adequate to evaluate the development against the review criteria, it may require additional studies as necessary. In doing so, the reviewing authority shall indicate the specific 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. Ordinance 25-06 7.16.020 General Procedures and Requirements, Avon Municipal Code (3) Findings. The reviewing authority shall adopt written findings which document that a recommendation or decision is based upon a determination of whether the development application complies with the applicable review criteria. The written findings shall state the conditions or mitigation. (4) Conditions. The reviewing authority may recommend approval or may approve a development application with conditions where such conditions are deemed necessary to ensure compliance with the applicable review criteria and the purpose and intent of this Development Code. Conditions shall be in written form and attached to the approved plan, plat or permit. Conditions may include specific time limits for performance of any condition. Conditions may include financial performance guarantees from the applicant where the condition requires improvements for mitigation, where deemed necessary to public health, safety or welfare or where deemed necessary to protect adjacent property or public infrastructure. Financial performance guarantees shall be in the form of an agreement which is acceptable to the Town and shall be executed by the applicant. (5) Final Decision. A decision by the Director or the PZC shall become final unless a written appeal is timely submitted to the Town in accordance with Section 7.16.180, Appeal. The date of the decision shall be the date that the reviewing authority renders a decision. The Town Council reserves the authority to render a final decision on all decisions rendered under this Development Code, and only a decision of the Town Council may be subject to legal challenge. The failure to timely submit a written appeal of a decision of the Director or the PZC shall be deemed to be a waiver of any right to legally challenge such decision. (g) Termination of Approval. All development approvals shall expire and become void two (2) 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 Director prior to the expiration date and shall state the reasons and circumstances for such extension request. The Director and the PZC may provide one (1) extension for a maximum of one (1) year. The Town Council may provide multiple extensions and may provide extensions greater than one (1) year.