ARTICLE 070.020

Application and Review Procedures
 

070.020.010    Purpose of Article
070.020.020    Development Permits
070.020.030    Classification of Developments
070.020.040    Pre-application Conference for Development Review
070.020.050    Minor Development Review 
070.020.060    Major Development Review
070.020.070    Subdivision Plat Requirements
070.020.080    Subdivision Review with Development Plan
070.020.090    Subdivision Review Without Development Plan
070.020.091    Simplified Procedure for Minor Subdivisions
070.020.100    Condominiumization
070.020.105    Format of Final Submissions
070.020.110    Annexation
070.020.120    Vested Property Rights
 

070.020.010  Purpose of Article.

The purpose of this Article is to provide consistent, equitable procedures for the review of development proposals such that the time and cost involved in the review process are in relative proportion to the potential impact of the proposed development on the community, its citizens and the environment and to ensure that proposed development will be in accordance with the purposes and provisions of this Code.  The development review shall follow procedures set forth in Sections 070.020.020 through 070.020.060.  Proposals which include a subdivision of land or condominiumization shall follow the procedures set forth in Sections 070.020.070 through 070.020.100.

070.020.020  Development Permits.

(a)  All developments, except those listed in Subsection (c) below, shall require a development permit.  This permit shall be issued only after the proposal has been approved in accordance with this Article and is prerequisite for a building permit.  The development permit shall specify any terms and conditions of the permit.  The development permit shall not be valid until signed by the Director and approved as to form by the City Attorney.  The development permit shall be incorporated into the building permit and all conditions shall apply to the building permit.

(b)  When required.  The following developments shall require a development permit before application for a building permit:

(1)  Construction of any residential building which contains more than two (2) dwelling units;

(2)  Construction of any building or structure for nonresidential use, but not including accessory buildings, fences, hedges or walls;

(3)  An addition to an existing structure as provided for in Section 070.020.030;

(4)  Establishment of a mobile home park as provided for in Article 070.080; or

(5)  Development in an area of special flood hazard as provided for in Article 070.090.

(c)  When not required.  Any one (1) of the following developments shall not require a development permit, but shall be issued a building permit in accordance with requirements of this Code and the International Building Code, as adopted in this Code, after payment of applicable fees, after the determination by the Building Official and the Director that the proposal is in compliance with this Code and the City goals and policies and after the applicant agrees to dedicate easements for drainage, utilities and pedestrian ways, to install streets, curbs, gutters and other public improvements in accordance with the standards applicable to and necessitated by the type of development planned on the subject property, and to develop the site and construct all buildings and improvements in strict conformity to the tendered site plan:

(1)  Construction of a new one- or two-family dwelling on one (1) legally subdivided lot; or

(2)  Alteration, repair or addition to an existing structure except as provided for in Section 070.020.030.

(3)    Construction of one (1) or more dwelling units inside an existing building in a commercial zone district where the construction results in five (5) or fewer dwelling units in the building and where no floor area would be added to the building as a result of the construction.  (A 17-07, §2)

(d)  Term of development permits.  Any development permit shall be valid for a period of three (3) years after final approval of the development permit by the City, unless a different term for the development permit is expressly agreed upon by the City and the developer and included in the development permit.  The development permit shall expire and become null and void if the developer fails to make application for a building permit for the development within the aforesaid three-year period.  If the developer makes timely application for a building permit according to a development permit, the development permit shall then remain in effect for so long as the building permit remains in effect.

(Ad 42-83 §2; R & Re 43-85 §1; R & Re 13-92 §1; A 17-07, §2; A 8-08 §2)

070.020.030  Classification of Developments.

(a)  Minor development.  Any of the following shall be classified as a minor development:

(1)  Construction or modification of any residential structure which results in more than two (2) and less than six (6) dwelling units on the property.  (R & Re 24-95 §1; A 14-07 §2)

(2)  Construction of a nonresidential building or structure which would require fewer than ten (10) off-street parking spaces if the parking requirement were computed under the provisions of Article 070.050, whether or not such parking spaces are actually required.

(3)  A nonresidential addition or modification to an existing structure which increases the floor area of the structure by more than twenty-five percent (25%) but less than fifty percent (50%), or which increases the parking requirements on the subject property by more than ten (10) spaces if the parking requirement were computed under the provisions of Article 070.050, whether or not such parking spaces are actually required.  Development which complies with this provision, but constitutes less than one thousand (1,000) square feet of new construction, is exempted from minor development review.  (A 35-98 §1)

(b)  Exceptions.  A development otherwise meeting the above criteria for a minor development shall be classified as a major development if it includes any one (1) of the following:

(1)  The extension of municipal facilities beyond locations or other limits set forth in the City Code, Major Street Plan or Capital Improvements Plan, or an extension of municipal facilities which requires City Council approval pursuant to other provisions of this Code.  Such extensions shall include water mains of six (6) inches or greater, sewer mains and collector or arterial streets; or

(2)  A dedication of land which the City will be required to maintain including a street, alley, park, trail or other public land or right-of-way.

(c)  Major development.  Any one (1) of the following shall be classified as a major development:

(1)  Any freestanding structure which requires a development permit and which does not meet the criteria for a minor development as set forth in this Section;

(2)  A modification to an existing structure which adds six (6) or more dwelling units to the structure; or  (A 14-07 §2)

(3)  A nonresidential addition or modification to an existing structure which increases the floor area of the structure by more than fifty percent (50%).  Development which complies with this provision, but constitutes less than one thousand (1,000) square feet of new construction, is exempted from major development review.  (A 35-98 §2)

(d)  Lot boundary adjustments.  Except as specifically provided herein, boundaries between contiguous lots may be modified, adjusted or otherwise amended by the submission and approval of a lot boundary adjustment plat, so long as no additional lots would be created by the adjustment of the boundary.  Any boundary adjustment shall be subject to the review and approval of the City according to the following procedures:

(1)  An application for a boundary adjustment shall be considered under the procedures for minor subdivisions as set forth in Section 070.020.091 if any of the following circumstances exists:

a.  The boundary adjustment would result in a lot which would require a zoning variance or design variance.

b.  The boundary adjustment would result in a lot the development of which, by necessity, would require a zoning variance or design variance.

c.  The boundary adjustment would result in a lot which would not be developable under the regulations set forth in this Code.

d.  The boundary adjustment would result in any additional lots capable of separate ownership and development under the regulations set forth in this Code.

(2)    For all other boundary adjustments, prior to the recording of the lot boundary adjustment plat effecting the adjustment, property owners seeking the adjustment shall submit five (5) paper copies of the proposed plat to the Director of Community Development.

      Lot Boundary Adjustment Plat.  The plat shall be drawn at a scale of twenty feet (20’) to one inch (1”) or larger on a sheet of permanent reproducible material (such as mylar), twenty-four (24”) by thirty-six (36”) inches in size, with a two inch (2”) clear left edge margin and one-half-inch (1/2”) margins along the remaining edges.  The name of the subdivision shall be shown at the top of the plat.  The plat shall depict:

a.       Subdivision boundaries, proposed and existing lot line(s), street right-of-way lines and lot lines in solid lines, any easements, all with accurate dimensions to the nearest one-hundredth (.01) of a foot.  Bearing and distance of all lines and central angle, radius, tangent distance, chord distance, chord bearing and arc length of all curves shall be shown.

b.       The location and description of all permanent survey control points as required under Section 070.030.140.

c.       Location of all utilities.

d.       Legal description of the existing lots and proposed lots with reference to its location in the records of Garfield County; legal descriptions to have closure precision of at least 1/10,000.

e.       Street names and block and lot numbers, right-of-way width.

f.        Name of the subdivision, if any.

g.       North arrow, scale and date.

h.       Plat work shall be relative to City control – basis of bearing shall be relative to the bearing of the centerline of the 8^th Street right-of-way N88E28’00”W.

i.         Notarized certificate of dedication and ownership, which shall be as follows:

“CERTIFICATE OF DEDICATION AND OWNERSHIP

Know all men by these presents that __________, being sole owners in fee simple of all that real property described as follows: __________________________________ and containing ____ acres, more or less, designate the same as _______________ in the City of Glenwood Springs, County of Garfield, Colorado.

Executed this __ day of __________, A.D. 20___.

                                                     Owners: _________________________________

                                                                 __________________________________

 

STATE OF COLORADO                          )
COUNTY OF GARFIELD                        ) ss.
CITY OF GLENWOOD SPRINGS            )

The foregoing dedication was acknowledged before me this __ day of ________, A.D. 20___, by ________________.

My Commission expires: _____

Witness my hand and seal.

                                                     _______________________________________                                                     Notary Public”

   Lot Boundary Certificate:

a.          The boundary adjustment would result in a lot which would require a zoning variance or design variance.

b.          The boundary adjustment would result in a lot the development of which, by necessity, would require a zoning variance or design variance.

c.          The boundary adjustment would result in a lot which would not be developable under the regulations set forth in this Code.

d.          The boundary adjustment would result in any additional lots capable of separate ownership and development under the regulations set forth in this Code.

“SURVEYOR’S CERTIFICATE

I, _________, do hereby certify that I am a registered land surveyor licensed under the laws of the State of Colorado, that this plat is a true, correct and complete plat of the _______ as laid out, platted, and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots.

In witness whereof, I have set my hand and seal this ___ day of ____, A.D. 20__.

                                                             ______________________________________                                                     Registered Land Surveyor

 

COMMUNITY DEVELOPMENT DIRECTOR’S CERTIFICATE

This plat was approved by the City of Glenwood Springs’ Director of Community Development this __ day of ________, A.D. 20__.

                                                     ________________________________________                                                     Director

 

CLERK AND RECORDER’S CERTIFICATE

This plat was filed for recording in the office of the Clerk and Recorder of Garfield County at _________ o’clock, __.m. as Reception No. ___________________.

                                                     ________________________________________                                                     Clerk and Recorder

By:_____________________________________                                                                 Deputy”

Within two (2) weeks from the receipt of the application, the Director shall approve or deny the lot boundary adjustment plat.  The Director's decision shall be based upon a finding that the boundary adjustment and the resulting lot configuration would comply with this Code and City goals and policies.  Anyone aggrieved by the decision of the Director may appeal to the Planning and Zoning Commission pursuant to Subsection 070.010.050(a).

Upon approval of the lot boundary adjustment plat, the applicant shall submit two (2) signed and notarized mylar copies to the Director of Community Development for recordation, and an AutoCad drawing file of the plat on CD, disc or other approved media.

(Ad 12-84 §2; R & Re 58-87; R & Re 24-95 §1; A 35-98 §§1, 2; A 13-04, §1)

070.020.040  Pre-application Conference for Development Review.

(a)  Requirement.  When proposing a development requiring a development permit, the applicant shall first request a pre-application conference with the Director to discuss and review procedures and requirements as well as the City goals and policies.  The applicant shall provide for the conference:

(1)  An application for development permit on a form as prescribed by the Director from time to time;

(2)  A sketch plan of the proposed development which shall be a freehand drawing of the proposed development, depicting topography of the land to be developed, the existing and proposed street system with approximate right-of-way widths, the block and lot pattern with approximate lot areas noted, and the location of utilities and existing development on the land; and

(3)  Proof of ownership of the land proposed for development.

(b)  Classification of development.  At the pre-application conference, the Director shall classify the proposal as a minor development or a major development, based on the classification criteria set forth in Section 070.020.030, and will determine whether a final subdivision plat is required based on provisions of this Title.  If the Director cannot determine on the basis of the classification criteria whether the proposal is to be classified as a minor or major development, the determination shall be made by the Planning Commission at its next regular meeting.

070.020.050  Minor Development Review.

(a)  Development plan.  The Director shall prepare and deliver or mail to the applicant, within one (1) week after the pre-application conference, a written list of information which shall constitute the applicant's development plan, which shall be that information necessary to determine whether the proposed development complies with this Code and the City goals and policies.  The development plan shall include the following:

(1)  A copy of the duly approved and recorded subdivision plat covering the subject lots where the proposal is for development on previously subdivided or platted lots.

(2)  A brief written description of the proposed development signed by the applicant.

(3)  A development plan map, at a scale of one (1) inch equals fifty (50) feet or larger with title, date, north arrow and scale on a minimum sheet size of eight and one-half (8½) inches by fourteen (14) inches, which depicts the area within the boundaries of the subject lot, including:

a.  The locations of existing and proposed land uses, the number of dwelling units and the square footage of building space devoted to each use;

b.  The location and dimensions, including building heights, of all existing and proposed:

1.  Buildings or structures and setbacks from lot lines or building envelopes where exact dimensions are not available,

2.  Parking spaces,

3.  Utility distribution systems and utility easements,

4.  Drainage improvements and drainage easements,

5.  Roads, alleys, curbs, curb cuts and other access improvements,

6.  Any other improvements, and

7.  Any proposed reservations or dedications of public right-of-way, easements or other public lands; and

c.  Existing topography and any proposed changes in topography, using five-foot contour intervals or ten-foot contour intervals in rugged topography.

(4)  Any request for design variance or zoning action, including special review, zoning variance and rezoning.

(5)  Any other information which the Director determines is necessary to determine whether the proposed development complies with this Code and the City goals and policies, including but not limited to the following:

a.  Soils and/or geology reports;

b.  Evidence of adequate water supply;

c.  Engineering specifications for any improvements;

d.  A plan for erosion and sediment control, stabilization and revegetation;

e.  Projections of traffic volumes to be generated by the development and traffic flow patterns;

f.  Drainage study;

g.  An access permit from the Colorado Department of Transportation; and

h.  A plan for locations and specifications of street lights, signs and traffic control devices.

(b)  Development plan submittal.  Twenty (20) copies of the minor development plan and associated material shall be submitted to the Director at least four (4) weeks before the Planning Commission meeting at which it is to be reviewed.  The application shall be accompanied by the development review fee as set forth in the development review fee schedule.  An application shall be submitted that conforms with the pre-application checklist and the requirements of this Code, and provides justification for any requested variances.  Upon receipt of the submittal, the Director shall review the application for "completeness"; i.e., consistency with the pre-application checklist and the applicable requirements of this Code.  Within seven (7) days of the submittal, the Director shall determine if the application is "complete" and entitled to proceed with the Department/agency review.  If the application is deemed "incomplete," the Director shall notify the applicant by writing stating the deficiencies.  The applicant shall make the necessary revisions/additions to the application prior to being scheduled for the next regularly scheduled public meeting.  (A 33-02 §1)

(c)  Department/agency review.  The Director shall distribute copies of the development plan to City departments and other agencies as appropriate.  These departments and agencies shall review the development plan with site visits as needed to determine whether it conforms with this Code and the City goals and policies in their areas of responsibility.  They shall submit their comments to the Director at least seven (7) days before the appropriate Planning Commission meeting.  The Director shall compile these comments and shall prepare for the Planning Commission a summary of the issues which the Planning Commission should consider in reviewing the proposal.

(d)  Planning Commission review.  The Director shall distribute copies of the development plan to the Planning Commission members, along with the summary of issues and department and agency comments.  A copy of the summary and comments shall also be furnished to the applicant.  The Planning Commission shall review the proposal at a regular meeting at which it shall hold a public hearing on the proposal.  Public notice shall be given pursuant to Section 070.010.030.  The applicant or his/her representative shall be present to represent the proposal.  The Planning Commission shall take one (1) of the following actions at the meeting:

(1)  Approve the development proposal and authorize issuance of a development permit subject to such conditions as the Planning Commission finds necessary to ensure that the proposed development complies with this Code and the City goals and policies;

(2)  Require changes or additional information which they find necessary to determine whether the proposed development complies with this Code and the City's goals and policies; or

(3)  Deny the development proposal stating the specific reasons therefor.  (Ad 41-99 §1)

(e)  Further review.

(1)  If the Planning Commission requests changes or additional information under Paragraph (d)(2) above the applicant shall submit ten (10) copies of the required changes or information to the Director at least ten (10) days prior to the Planning Commission meeting at which the proposal is to be reconsidered.  The Director shall review the additional submittal with appropriate City departments and other agencies and shall distribute copies of the submittal to the Planning Commission members, along with comments from the departments and agencies.

(2)  The Planning Commission shall reconsider the proposal at a regular meeting at which the applicant or his/her representative shall be present to represent the proposal.  At this meeting, the Planning Commission shall take one (1) of the following actions:

a.  Approve the development proposal and authorize issuance of a development permit subject to such conditions as the Planning Commission finds necessary to ensure that the proposed development complies with this Code and the City goals and policies; or

b.  Deny the development permit stating the specific reasons of noncompliance.

(f)  Appeal.

(1)  If the development permit is denied by the Planning Commission, the applicant may file an appeal with the City Council within one (1) week of the denial by submitting to the Director ten (10) copies of a letter of appeal.  The letter shall state the grounds for the appeal and shall include supporting evidence, if any.  The Director shall distribute copies of the appeal submittal to the City Council members, along with copies of the portion of the minutes of the Planning Commission meetings at which the proposal was reviewed, copies of department or agency comments and the Director's summary of issues.

(2)  The City Council shall hear the appeal at its next regular meeting which shall be a public hearing.  Public notice shall be given pursuant to Section 070.010.030.  After the hearing, the City Council shall take one (1) of the following actions:

a.  Affirm the decision of the Planning Commission after a finding that the proposed development does not comply with this Code or the City goals and policies, or

b.  Reverse or modify the decision of the Planning Commission after a finding that the proposed development does comply with this Code and the City goals and policies.  In this case, the City Council shall authorize the issuance of a development permit subject to such conditions as the City Council finds necessary to ensure that the proposed development complies with this Code and the City goals and polices. (A 5-98 §1)

(3)  The decision of the City Council shall be final from which an appeal may be taken to court in accordance with the laws of the State.

(g)  Filing of development plan.  If a development permit is authorized, a copy shall be filed within sixty (60) days of its approval by the City Council with the Department of Community Development, along with a copy of the approved development plan, both of which shall become part of the permanent records of the City.

(h)  As-builts.  Before the issuance of any certificate of occupancy for the development, the applicant shall submit to the Director a set of as-built plans and profiles on twenty-four-inch-by-thirty-six-inch Mylar sheets for all water mains, sanitary sewers and storm sewers, as well as a surveyed map of utility easements.  Such plans and profiles shall be of a scale and accuracy sufficient to enable location of the improvements and easements and shall be subject to the approval of the City Engineer.  (A 20-88 §2)

(i)   Changes in development plans.  Any change in the development plan made after original submittal of the plan, either before or after issuance of the development permit, shall require the proposal to be re-entered in the review procedure at the appropriate planning review step unless the change is directed by the Planning Commission or, in the opinion of the Director, the change does not materially change the development plan and it complies with this Code and the City goals and policies.

(A 20-88 §2; A 5-98 §1; Ad 41-99 §1; A 33-02 §1)

070.020.060  Major Development Review.

(a)  Conceptual review.  In order to provide for exchange of information and ideas between the applicant and the City Council at the conceptual stage of a proposed development, the applicant shall discuss his/her proposal with the City Council at a regular Council meeting before submitting the development plan.  The Director shall provide to the City Council members copies of the development review request and the sketch plan for discussion at the City Council meeting.  At the meeting, the City Council may make comments and informal recommendations regarding the proposed development which shall not be binding but may be considered by the applicant as he/she prepares the development plan.

(b)  Development plan.  The Director shall prepare and deliver to the applicant, within one (1) week after the conceptual review, a written list of information which will comprise the applicant's development plan.  The development plan shall comprise that information necessary to determine whether the proposed development complies with this Code and the City goals and policies.  The development plan shall include the following:

(1)  A copy of the duly approved and recorded subdivision plat covering the subject lots where the proposal is for development on previously subdivided lots.

(2)  A brief written description of the proposed development signed by the applicant.

(3)  A development plan map on blueline paper prints of twenty-four (24) inches by thirty-six (36) inches, with north arrow and scale, and with title and date in lower right corner, at a scale of one (1) inch equals fifty (50) feet or larger which depicts the area within the boundaries of the subject lots and including:

a.  The locations of existing and proposed land uses, the number of dwelling units and the square footage of building space devoted to each use;

b.  The location and dimensions, including building heights, of all existing and proposed:

1.  Buildings or structures and setbacks from lot lines,

2.  Parking spaces,

3.  Easements,

4.  Roads, alleys, curbs, curb cuts and other access improvements,

5.  Any other improvements, and

6.  Any proposed reservations or dedications of public rights-of-way, easements or other public lands;

c.  Existing topography and any proposed changes in topography using five-foot contour intervals or ten-foot contour intervals in rugged topography;

d.  Drainage plan, indicating flow patterns, improvements, drainage easements and other requirements of Section 070.030.040; and

e.  Traffic flow patterns.

(4)  Blueline paper prints certified by a licensed engineer and drawn to meet City specifications to depict the following:

a.  Utility plans for water, sanitary sewer, storm sewer, electric, gas and telephone lines;

b.  Plans and profiles for sanitary and storm sewers;

c.  Profiles for water lines of greater than twelve (12) inches in diameter; and

d.  Street plans and profiles.

(5)  Evidence of adequate water supply and sanitary sewer service.

(6)  Any request for design variance or zoning action, including special review, zoning variance and rezoning.

(7)  Any other information which the Director determines is necessary to determine whether the proposed development complies with this Code and the City goals and policies as adopted by ordinance or resolution and other information including, but not limited to the following:

a.  A schedule for phasing of development;

b.  Soils and geology reports;

c.  Preliminary cost estimates for all improvements to be installed by the subdivider in dedicated land, rights-of-way or easements;

d.  Plans for erosion control, stabilization and revegetation;

e.  Projections of traffic to be generated by the development;

f.  An access permit from the Colorado Department of Transportation;

g.  Certification from the Colorado Department of Public Health and Environment, as required by state law, for sewage disposal outside the City system;

h.  A landscape plan;

i.   Cross-section drawing for public improvements; and

j.   A plan for locations and specifications of street lights, signs and traffic control devices.

(8)  In the event the Director, in his/her sole discretion, determines that it is necessary to utilize the services of a consultant not on staff, to assist the Director in analyzing any information required of an applicant, such applicant shall be solely responsible for the actual costs associated with such outside consultant.  The applicant may challenge the need and/or the costs for such outside consultant to the Planning Commission.  Such decision is subject to review by City Council.  (A 36-94 §1)

(c)  Development plan submittal.  Within six (6) months of the conceptual review described in Subsection (a) above and no later than six (6) weeks before the Planning Commission meeting at which it is to be reviewed, twenty (20) copies of the major development plan map and description shall be submitted to the Director.  If more than six (6) months elapses from the date of conceptual review to the date of development plan submittal, the applicant shall be required to recommence the development approval proceedings in accordance with this Article.  The Director shall review the application for "completeness"; i.e., consistency with the pre-application checklist and the applicable requirements of this Code, and provide justification for any variances requested.  Within seven (7) days of the submittal, the Director shall determine if the application is "complete" and entitled to proceed with the department/agency review and to be scheduled for a public hearing.  If the application is deemed incomplete, the Director shall notify the applicant by writing, noting the deficiencies.  The applicant shall have one (1) week to make the necessary revisions/additions to the application.  Failure to submit the revised application materials within the prescribed timelines will result in the postponement of the hearing date.  All timelines will then begin anew.  (A 19-94 §1; A 33-02 §1)

(d)  Department/agency review.  The Director shall distribute copies of the development plan to City departments and other agencies as appropriate.  These departments and agencies shall review the development plan with site visits as needed to determine whether it conforms with this Code and the City goals and policies in their areas of responsibility.  They shall submit their comments to the Director at least seven (7) days before the appropriate Planning Commission meeting.  The Director shall compile these comments and shall prepare for the Planning Commission a summary of the issues which the Planning Commission should consider in reviewing the proposal.

(e)  Site review.  Before the Planning Commission reviews the development plan for a major development proposal, the proposal shall be reviewed on site by the Site Review Committee which shall be a subcommittee of at least three (3) members of the Planning Commission.  The Site Review Committee may make written recommendations to the full Planning Commission at its regular meeting regarding characteristics of the site which have a bearing on the development plan.

(f)  Planning Commission review.  The Director shall distribute copies of the development plan to the Planning Commission members, along with the summary of issues and department and agency comments.  A copy of the summary and comments shall also be submitted to the applicant.  The Planning Commission shall review the proposal at a regular meeting at which it shall hold a public hearing on the proposal.  Public notice shall be given pursuant to Section 070.010.030.  The applicant or his/her representative shall be present at the meeting to represent the proposal.  The Planning Commission shall take one (1) of the following actions at the meeting:

(1)  Approve the development proposal and recommend to City Council that a development permit be issued subject to such conditions as it finds necessary to ensure that the proposed development complies with the Comprehensive Plan, other adopted City plans, this Code or City goals and policies as adopted by ordinance or resolution;

(2)  Deny the development proposal and recommend to the City Council that such application for development be denied since it does not comply with the Comprehensive Plan, other adopted City plans, this Code or any City goals and policies as adopted by ordinance or resolution.  The recommendation to deny shall specify which provisions of the Comprehensive Plan, this Code or goals and policies as adopted by ordinance or resolution have not been complied with, with respect to the proposed development; or

(3)  Continue the hearing to a regular Planning Commission meeting with the requirement that the applicant submit changes or additional information which the Planning Commission finds necessary to determine whether the proposal complies with this Code and the City goals and policies as adopted by ordinance or resolution.  The date of the meeting shall be set by the Planning Commission upon recommendations from staff, the applicant and members of the public in attendance.  Nothing herein shall prohibit the Planning Commission from continuing a matter more than once before making a recommendation decision to the City Council.  In the event the applicant or a member of the public disagrees with the number of continuances granted by the Planning Commission, or the overall length of review of a particular major development application, such person may appeal to the City Council.  The City Council shall have the authority to direct the Commission to change the review period.  The Planning Commission shall comply with the City Council directive.  (A 36-94 §1)

(g)  Further review.

(1)  In the event the hearing is continued pursuant to Paragraph (f)(2) above, the applicant shall submit fifteen (15) copies of the required changes or information to the Director at least ten (10) days prior to the Planning Commission meeting at which the proposal is to be reconsidered.  The Director shall review the additional submittal with appropriate City departments or other agencies and shall distribute copies of the submittal to the Planning Commission members along with comments from the departments and agencies.

(2)  At the continued hearing, the applicant or his/her representative shall be present to represent the proposal.  At this meeting, the Planning Commission shall take one (1) of the following actions:

a.  Approve the development proposal and recommend to the City Council that a development permit be issued subject to such conditions as the Planning Commission finds necessary to ensure that the proposed development complies with this Code and the City goals and policies; or

b.  Recommend denial of a development permit stating the specific reasons of noncompliance.

(h)  City Council review.

(1)  After the Planning Commission has made its recommendation for issuance or denial of the development permit, the Director shall distribute copies of the development plan to the City Council members, along with excerpts from Planning Commission meeting minutes and copies of department or agency comments.

(2)  The City Council shall review the proposed development at a regular meeting at which the applicant shall be present to represent the proposal.  At this meeting, the City Council shall take one (1) of the following actions:

a.  Affirm the decision of the Planning Commission after a finding that the proposed development does or does not comply with this Code and the City goals and policies; or

b.  Reverse or modify the decision of the Planning Commission after finding that the proposed development does or does not comply with this Code and the City goals and policies.  (A 5-98 §2)

(3)  If the proposed development is approved by the City Council, pursuant to Paragraph (2) above, the City Council shall authorize issuance of a development permit subject to such conditions as the City Council finds necessary to ensure that the proposed development complies with this Code and the City goals and policies.  If the proposal is denied, the City Council shall state the specific reasons of noncompliance.

(4)  The decision of the City Council shall be final, from which an appeal may be taken to court in accordance with the laws of the State.

(i)   Filing of development plan.  If a development permit is authorized, a copy shall be filed within sixty (60) days of its approval by the City Council with the Department of Community Development, along with a copy of the approved development plan, both of which shall become part of the permanent records of the City.

(j)   As-builts.  Before the issuance of any certificate of occupancy for the development, the applicant shall submit to the Director a set of as-built plans and profiles on twenty-four-inch-by-thirty-six-inch reproducible Mylar sheets for all water mains, sanitary sewers and storm sewers as well as a surveyed map of utility easements.  Such plans and profiles shall be of a scale and accuracy sufficient to enable location of the improvements and easements and shall be subject to the approval of the City Engineer.  (A 20-88 §3)

(k)  Changes in development plans.  Any change in the development plan made after original submittal of the plan, either before or after issuance of the development permit, shall require the proposal to be re-entered in the review procedure at the appropriate planning review step unless, in the opinion of the Director, the change does not materially change the development plan and it complies with this Code and the City goals and policies.

(A 20-88 §3; A 19-94 §1; A 36-94 §1; A 5-98 §2; A 33-02 §1)

070.020.070  Subdivision Plat Requirements.

(a)  When required.  Proposals including a subdivision of land, whether including a major or minor development plan or no development plan, shall require the filing of a subdivision plat with the County Clerk and Recorder in accordance with provisions of the laws of the State.  A subdivision plat shall be filed for all developments, unless a recorded plat is on file with the County Clerk and Recorder which demonstrates that the subject lots were legally subdivided and unless no lot lines will be added by the proposed development.  A building permit shall not be issued before the required subdivision plat has been approved and recorded in accordance with the provisions of this Section.

(b)  Subdivision plat.  The plat shall be drawn at a scale of one hundred feet (100) feet to one (1) inch or larger on a sheet of permanent reproducible material (such as Mylar), twenty-four (24) by thirty-six (36) inches in size, with a two-inch clear left edge margin and one-half-inch margins along the remaining edges.  The name of the subdivision shall be shown in the lower right corner of the plat.  The plat shall depict:

(1)  Subdivision boundaries, street right-of-way lines and lot lines in solid lines, easements, dedications and other right-of-way lines in dashed lines, all with accurate dimensions to the nearest one-hundredth (.01) of a foot.  Bearing of all lines and central angle, tangent distance, chord distance and arc length of all curves shall be shown.

(2)  The location and description of all permanent survey control points as required under Section 070.030.140.

(3)  Legal description of the subdivision tract with reference to its location in the records of the County;

(4)  Street names and block and lot numbers.

(5)  Use and setback restrictions on each lot of a planned unit development when they represent a variation from the applicable zone district regulations.

(6)  Name of the subdivision.

(7)  North arrow, scale and date.

(8)  Notarized certificate of dedication and ownership, which shall be as follows:

CERTIFICATE OF
DEDICATION AND OWNERSHIP

Know all men by these presents that ________________________________, being sole owners in fee simple of all that real property described as follows:  ______________________________________________________________ and containing _________acres, more or less; have by these presents laid out, platted and subdivided the same into lots and blocks as shown hereon and designate the same as ________________________ in the City of Glenwood Springs, County of Garfield, Colorado; and do hereby grant to the City of Glenwood Springs, County of Garfield, Colorado, for public use the streets shown hereon, including avenues, drives, courts, places and alleys, the public lands shown hereon for their indicated public use, and the utility and drainage easements shown hereon for utility and drainage purposes only; and so further state that this subdivision shall be subject to the protective covenants filed and recorded for this subdivision in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No.______________, and subject to the Subdivision Agreement filed and recorded for this subdivision in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No._______________.

EXECUTED this ______ day of ______________, A.D. 20____.

Owners   _______________________________

                _______________________________

STATE OF COLORADO                    )
COUNTY OF GARFIELD                  )  ss.
CITY OF GLENWOOD SPRINGS     )

The foregoing dedication was acknowledged before me this ____day of ___________, A.D. 20____, by________________________.

My commission expires ___________________.

WITNESS MY HAND AND SEAL

                _____________________________
                                 Notary Public

(9)  Surveyor's certificate, which shall be as follows:

SURVEYOR'S CERTIFICATE

I, _________________________, do hereby certify that I am a registered land surveyor licensed under the laws of the State of Colorado, that this plat is a true, correct and complete plat of the ________________________ as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked upon the ground in compliance with the City of Glenwood Springs regulations governing the subdivision of land.

In witness whereof I have set my hand and seal this ____day of __________, A.D. 20___.

      _____________________________
          Registered Land Surveyor

(10)  Planning Commission certificate of approval, which shall be as follows:

PLANNING COMMISSION CERTIFICATE

This plat was approved by the City of Glenwood Springs, Planning and Zoning Commission this ____ day of ____________, A.D. 20___.

                _____________________________
                                    Chairman

(11)  City Council certificate of approval, which shall be as follows:

CITY COUNCIL CERTIFICATE

This plat was approved by the City Council of Glenwood Springs, Garfield County, Colorado this _____ day of___________, A.D. 20___, for filing with the Clerk and Recorder of Garfield County and for conveyance to the City of the public dedications shown hereon subject to the provision that the approval in no way obligates the City of Glenwood Springs for financing or construction of improvements on land, streets or easements dedicated to the public except as specifically agreed to by the City Council in the Subdivision Agreement.

                _____________________________
                                      Mayor

Witness my hand and the seal of the City of Glenwood Springs.

ATTEST:

_____________________________
          City Clerk

(12)  Clerk and Recorder's certificate for time of recording, which shall be as follows:

CLERK AND RECORDER'S CERTIFICATE

This plat was filed for record in the office of the Clerk and Recorder of Garfield County at _____________ o'clock ___.M. as Reception No._____________.

                _____________________________
                             Clerk and Recorder

                By_____________________________
                                      Deputy

(A 33-02 §10)

070.020.080  Subdivision Review with Development Plan.

(a)  Plat submittal.  The subdivision plat may be submitted and reviewed concurrently with the development plan or after the development plan, at the option of the applicant.  Twenty (20) copies of the subdivision plat shall be submitted to the Director either with the development plan or six (6) weeks before the Planning Commission meeting at which it is to be reviewed.  (A 19-94 §2)

(b)  Department/agency review.  The Director shall review the application for "completeness"; i.e., conformance to the pre-application checklist, the applicable requirements of this Code and justification for any variances being requested.  Within seven (7) days of the submittal, the Director shall determine if the application is "complete" and entitled to proceed with the department/agency review and to be scheduled for a public hearing before the Planning Commission.  If the application is determined to be "incomplete," the Director shall notify the applicant by writing, noting the deficiencies in the application.  The applicant shall have one (1) week to make necessary revisions/additions to the application.  Failure to submit the requested revisions/additions within the prescribed timeline shall result in the postponement of the hearing date.  All timelines will then begin anew.  (A 33-02 §1)

(c)  Planning Commission review.  The Director shall distribute copies of the subdivision plat, plus staff comments, to Planning Commission members.  After giving proper notice pursuant to Section 070.010.030, the Planning Commission shall hold a public hearing on the proposed subdivision.  At this meeting, the Planning Commission shall either determine that the proposal is in conformance with the approved development plan and meets the subdivision plat requirements and recommend approval of the plat, or determine that the above conditions have not been met and require that the plat be resubmitted, with corrections, at a future regular Planning Commission meeting, after notice in accordance with Section 070.010.030, for approval.  The subdivision plat shall not be approved until the development plan is approved.

(d)  City Council review.  Once the Planning Commission has determined that the subdivision plat meets the requirements for approval, the proper signatures shall be affixed to the plat.  At a regular meeting, the City Council shall review the subdivision plat and, upon a finding that the signatures have been properly affixed, shall authorize City Council certification of the plat and shall approve a subdivision agreement.  The plat shall be recorded with the County Clerk and Recorder within sixty (60) days of City Council approval.

(A 19-94 §2; A 33-02 §1)

070.020.090  Subdivision Review Without Development Plan.

(a)  This Section is intended to provide for full review of any proposed subdivision on land which has never been subdivided in order to ensure that the potential effects of the subdivision are considered while minimizing review time and extent for proposals involving changes in lot lines with little or no impact on development potential.

(b)  Subdivision of land which has never been legally subdivided.  Every subdivision proposal which is reviewed under this Subsection shall comply with the intent and provisions of Article 070.030, as well as with this Code and the City goals and policies.

(1)  Pre-application conference.  The applicant proposing a subdivision, without development plan, of land which has never been legally subdivided shall first request a pre-application conference with the Director in order to discuss review procedures and requirements as well as the City's goals and policies.  The applicant shall provide for the conference:

a.  An application for subdivision without development plan on a form as prescribed by the Director from time to time;

b.  A sketch plan of the proposed subdivision, which shall be a freehand drawing of the proposed subdivision, depicting:  topography of the land to be subdivided, the existing and proposed street system with approximate right-of-way widths, the block and lot pattern with approximate lot areas noted and the location of utilities and existing development on the land; and

c.  Proof of ownership of the land proposed to be subdivided.

(2)  Conceptual review.  In order to provide interaction between the subdivider and the City Council at the conceptual stage of a proposed subdivision without a development plan, the applicant shall discuss his/her proposal with the City Council at a regular Council meeting before submitting the subdivision plat.  The Director shall provide to the City Council members copies of the subdivision application and the sketch plan for discussion at the City Council meeting.  At the meeting, the City Council may make comments and informal recommendations regarding the proposed subdivision which shall not be binding.

(3)  Plat submittal.  Within six (6) months of the conceptual review described in Subsection (b)(2) above and no later than six (6) weeks before the Planning Commission meeting at which it is to be reviewed, twenty (20) copies of the subdivision plat and associated materials shall be submitted to the Director of Community Development.  The submittal shall be accompanied by the subdivision review fee as set forth in the development review fee schedule.  The Director shall review the application for "completeness"; i.e., consistency with the pre-application checklist, the requirements of this Code and justification for any variances being requested.  Within seven (7) days of the submittal, the Director shall determine if the application is "complete" and entitled to proceed with the department/agency review and to be scheduled for a public hearing before the Planning Commission.  If the application is deemed "incomplete," the Director shall notify the applicant by writing, noting the deficiencies.  The applicant shall have one (1) week to make necessary revisions/additions.  Failure to submit the required additions/revisions in the prescribed timeline shall result in the postponement of the hearing date.  All timelines shall begin anew.  If more than six (6) months elapses from the date of the conceptual review to the date of the plat submittal, the applicant shall be required to recommence the plat review proceedings in accordance with this Article.  (A 33-02, §1)

(4)  Department/agency review.  The Director shall distribute copies of the subdivision plat to City departments and other agencies, as appropriate.  These departments and agencies shall review the plat, with site visits as needed, to determine whether it complies with this Code and the City goals and policies in their areas of responsibility.  They shall submit their comments to the Director at least ten (10) days before the appropriate Planning Commission meeting.  The Director shall compile these comments and shall prepare for the Planning Commission a summary of the issues which the Planning Commission should consider in reviewing the proposal.  (A 33-02 §1)

(5)  Site review.  Before the Planning Commission reviews the subdivision plat for a subdivision without a development plan, the proposal shall be reviewed on site by the Site Review Committee which shall be a subcommittee of at least three (3) members of the Planning Commission.  The Site Review Committee may make written recommendations to the full Planning Commission at its regular meeting regarding characteristics of the site which may have a bearing on the subdivision proposal.

(6)  Planning Commission review.  The Director shall distribute copies of the subdivision plat to the Planning Commission members, along with the summary of issues and department and agency comments.  A copy of the summary and comments shall also be provided to the applicant.  The Planning Commission shall review the proposal at a regular meeting at which it shall hold a public hearing on the proposal.  Public notice shall be given pursuant to Section 070.010.030.  The applicant or his/her representative shall be present at the meeting to represent the proposal.  The Planning Commission shall take one (1) of the following actions at the meeting:

a.  Approve the subdivision proposal and plat and recommend to the City Council that a subdivision agreement be executed to include such conditions as it finds necessary to ensure that the subdivision complies with the Comprehensive Plan, other adopted City plans, this Code and the City goals and policies as adopted by ordinance or resolution;

b.  Deny the development proposal and recommend to the City Council that such application for development be denied since it does not comply with the Comprehensive Plan, other adopted City plans, this Code or any City goals and policies as adopted by ordinance or resolution.  The recommendation to deny shall specify which provisions of the Comprehensive Plan, this Code or goals and policies as adopted by ordinance or resolution have not been complied with, with respect to the proposed development; or

c.  Continue the hearing to a regular Planning Commission meeting with the requirement that the applicant submit changes or additional information which the Commission finds necessary to determine whether the proposal complies with this Code and the City goals and policies as adopted by ordinance or resolution.  The date of the meeting shall be determined by the Planning Commission upon recommendations from staff, the applicant and members of the public present at the meeting.  Nothing herein shall prohibit the Planning Commission from continuing a matter more than once before making a recommendation decision to the City Council.  In the event the applicant or members of the public disagree with the number of continuances granted by the Planning Commission or the overall length of a particular subdivision review, such person may appeal to the City Council.  The City Council shall have the authority to direct the Planning Commission to change the review period.  The Planning Commission shall comply with the City Council directive.  (A 36-94 §2)

(7)  Further review.

a.  In the event the hearing is continued pursuant to the preceding paragraph, the applicant shall submit fifteen (15) copies of the required changes or information to the Director at least ten (10) days prior to the Planning Commission meeting at which the proposal will be reconsidered.  The Director shall review the additional submittal with appropriate City departments or other agencies and shall distribute copies of the submittal to the Planning Commission members, along with comments from the departments and agencies.

b.  At the continued hearing, the applicant or his/her representative shall be present to represent the proposal.  At this meeting, the Commission shall take one (1) of two (2) actions:

1.  Approve the subdivision proposal and plat and recommend to the City Council that a subdivision agreement be executed to include such conditions as it finds necessary to ensure that the subdivision complies with this Code and the City goals and policies.  The proper signatures shall then be affixed to the plat; or

2.  Recommend denial of the subdivision proposal stating the specific reasons of noncompliance.

(8)  City Council review.

a.  After the Planning Commission has made its recommendation for approval or denial of the subdivision proposal, the Director shall distribute copies of the subdivision plat to the City Council members, along with excerpts from the Planning Commission meeting minutes and copies of department and agency comments.

b.  The City Council shall review the proposed subdivision at its regular meeting at which the applicant shall be present to represent the proposal.  At this meeting, the City Council shall take one (1) of the following actions:

1.  Affirm the decision of the Planning Commission after finding that the proposed subdivision does or does not comply with this Code and the City goals and policies; or

2.  Reverse or modify the decision of the Planning Commission after finding that the proposed subdivision does or does not comply with this Code and the City goals and policies.  (A 5-98 §3)

c.  If the subdivision is approved by the City Council pursuant to the preceding subparagraph, the City Council shall authorize City Council certification of the plat, and a subdivision agreement shall be executed to include such conditions as the City Council finds necessary to ensure that the subdivision complies with this Code and the City goals and policies.  The plat and agreement shall be recorded with the County Clerk and Recorder within sixty (60) days of City Council approval.

d.  If the proposal is denied, the City Council shall state the specific reasons of noncompliance.

e.  The decision of the City Council shall be final from which an appeal may be taken to court in accordance with the laws of the State.

(c)  Subdivision of land which has previously been legally subdivided (re-subdivision).

(1)  Pre-application conference.  The applicant proposing a re-subdivision shall first request a pre-application conference with the Director in order to discuss review procedures and requirements, as well as the City's goals and policies.  The applicant shall provide for the conference:

a.  An application for re-subdivision on a form as prescribed by the Director from time to time; and

b.  A copy of the previously recorded subdivision plat covering the subject lots on which are drawn the proposed lot line changes.

(2)  Plat submittal.  Twenty (20) copies of the subdivision plat and associated materials shall be submitted to the Director at least four (4) weeks prior to the Planning Commission meeting at which it is to be reviewed.  The submittal shall be accompanied by the subdivision review fee as set forth in the development review fee schedule.  The Director shall review the application for "completeness"; i.e., consistency with the pre-application checklist and the requirements of this Code and provide justification for any requested variances.  Within seven (7) days of the submittal, the Director shall determine if the application is complete and entitled to proceed with the department/agency review and to be scheduled for a public hearing before the Planning Commission.  If the application is deemed "incomplete," the Director shall notify the applicant in writing, noting the deficiencies.  The applicant shall make the necessary revisions/additions to the application prior to being scheduled for the next regularly scheduled public meeting.  (A 33-02 §1)

(3)  Department/agency review.  The Director shall review the revised subdivision plat with appropriate staff for compliance with this Code and the City goals and policies.

(4)  Planning Commission review.  The Director shall distribute copies of the revised subdivision plat plus staff comments to Planning Commission members.  The Planning Commission shall review the proposal at a regular meeting, at which it shall hold a public hearing on the proposal.  Public notice shall be given pursuant to Section 070.010.030.  The applicant or his/her representative shall be present at the meeting to represent the proposal.  The Planning Commission shall take one (1) of the following actions at the meeting:

a.  Approve the re-subdivision proposal and plat and recommend to the City Council that the re-subdivision be granted; or

b.  Continue the hearing to a regular Planning Commission meeting, with the requirement that the applicant submit changes or additional information which it finds necessary to determine whether the proposal complies with this Code and the City goals and policies.

(5)  Further review.

a.  In the event the hearing is continued pursuant to the preceding Paragraph, the applicant shall submit fifteen (15) copies of the required changes or information to the Director at least ten (10) days prior to the Planning Commission meeting at which the proposal will be reconsidered.  The Director shall review the additional submittal with appropriate City staff and shall distribute copies of the submittal to the Planning Commission members, along with staff comments.

b.  At the continued hearing, the applicant or his/her representative shall be present to represent the proposal.  At this meeting, the Planning Commission shall take one (1) of the following actions:

1.  Approve the re-subdivision proposal and recommend to the City Council that the re-subdivision be granted; or

2.  Recommend denial of the re-subdivision proposal stating the specific reasons of noncompliance.

(6)  City Council review.

a.  After the Planning Commission has made its recommendation for approval or denial of the re-subdivision proposal, ten (10) copies of the revised final plat shall be submitted in conformance with Subsection 070.020.070(b).  The Director shall distribute copies of the re-subdivision plat to the City Council members, along with excerpts from Planning Commission meeting minutes and copies of staff comments.

b.  The City Council shall review the proposed re-subdivision at a regular meeting at which the applicant or his/her representative shall be present to represent the proposal.  At this meeting, the City Council shall take one (1) of the following actions:

1.  Affirm the decision of the Planning Commission after finding that the proposed re-subdivision does or does not comply with this Code and the City goals and policies; or

2.  Reverse or modify the decision of the Planning Commission after a finding that the proposed re-subdivision does or does not comply with this Code and the City goals and policies.  (A 5-98 §4)

c.  If the re-subdivision is approved by the City Council pursuant to the preceding Subparagraph, the City Council shall authorize City Council certification of the plat; and, if necessary, a subdivision agreement shall be executed to include such conditions as the City Council finds necessary to ensure that the subdivision complies with this Code and the City goals and policies.  The plat and agreement shall be recorded with the County Clerk and Recorder within sixty (60) days of City Council approval.

d.  If the subdivision is denied, the City Council shall state the specific issues of noncompliance.

e.  The decision of the City Council shall be final from which an appeal may be taken to court in accordance with the laws of the State.

(A 36-94 §2; A 5-98 §§3, 4; A 33-02 §1)

070.020.091  Simplified Procedure for Minor Subdivisions.

(a)  Procedures.  Any subdivision or re-subdivision which will result in the creation of three (3) or fewer lots or condominium units or ten (10) or fewer condominium units in an existing building shall be exempt from the procedures of Subsection 070.020.080(d) for subdivisions with development plans, Paragraphs 070.020.090(b)(2) and (8) for subdivisions without development plans, and Paragraph 070.020.090(c)(6) for re-subdivisions.  The Planning and Zoning Commission shall review and approve or deny such minor subdivisions, subject to an appeal of the Planning and Zoning Commission decision to the City Council pursuant to the procedures set forth in Subsection 070.010.050(b).  (A 14-07)

(b)  Certificate of approval.  Upon any plat for a subdivision approved pursuant to this Section, the following certificate of approval shall appear in lieu of the certificates set forth in Paragraphs 070.020.070(b)(10) and (11):

PLANNING COMMISSION CERTIFICATE

This plat was approved by the Planning and Zoning Commission of the City of Glenwood Springs, Garfield County, Colorado, this _____ day of _______________, A.D. 20__, for filing with the Clerk and Recorder of Garfield County and for conveyance to the City of the public dedications shown hereon subject to the provision that the approval in no way obligates the City of Glenwood Springs for financing or construction of improvements on land, streets or easements dedicated to the public except as specifically agreed to by the City in the Subdivision Agreement.

                ____________________________________
                                    Chairman

In the event of an appeal of a Planning and Zoning Commission decision hereunder, and the ultimate approval of a plat by the City Council, a City Council Certificate of Approval shall also appear upon the plat as set forth in paragraph 070.020.070(b)(11).

(c)  Further subdivision.  No lot or combination of lots which has been approved pursuant to the simplified procedures set forth herein shall be further subdivided except pursuant to the complete subdivision procedures set forth in either Section 070.020.080, 070.020.090(B) Or 070.020.090(C).

(Ad 55-87)

070.020.100  Condominiumization.

(a)  Procedures.  A condominium plat may be submitted and reviewed concurrently with a development plan pursuant to the procedures set forth in Section 070.020.080.  Condominiumization of an existing structure which will result in the creation of eleven (11) or more condominium units shall follow the procedures for resubdivision set forth in Subsection 070.020.090(c).  Condominiumization of an existing structure which will result in the creation of ten (10) or fewer condominium units shall follow the procedures for resubdivision set forth in Subsection 070.020.091(a).  Any condominiumization, regardless of the number of units created, requiring a dedication of land which the City will be required to maintain including a street, alley, park, trail or other public land or right-of-way shall be submitted for review by the City Council for acceptance or denial of the dedication.  (A 14-07 §2)

(b)  Condominium plat.  In addition to the plat requirements set forth in Section 070.020.070, the condominium plat shall show the location of the existing or proposed building to be condominiumized.

(c)  Condominium documents.  Following the approval of a condominiumization and prior to conveyance of any condominium units, the applicant shall file with the City a copy of the condominium declaration and map required by the laws of the State.  The map shall be printed on permanent reproducible material and shall be twenty-four (24) by thirty-six (36) inches in size.

(d)  Condominiumization of existing structure.  When reviewing a proposal to condominiumize an existing structure, the Planning and Zoning Commission or City Council may require the subject property to come into compliance with this Code and ordinances as necessary to safeguard the public health, safety and welfare.  (A 14-07 §2)

070.020.105  Format of Final Submissions.

All final subdivision plats, development plans, record drawings and annexation maps shall be submitted to the City on a three-and-one-half-inch disk suitable for use on a personal computer or other method of data transfer acceptable to the City, and a format compatible with DXF or DWG files.  This requirement may be waived at the discretion of the Director of Community Development.  (Ad 7-99 §1)

070.020.110  Annexation.

Annexation shall be made in accordance with the laws of the State.  The City Council shall annually review its policy regarding annexation so that staff and the public are apprised of the City Council's willingness to consider annexation of land into the City.  Such policy shall address annexation of vacant and improved land.  Due to the significance of the annexation process, the public, signers of a particular annexation petition, staff and appointed and elected officials must be aware of all public meetings at which an annexation is discussed.  An annexation calendar shall be established which includes the date of the substantial compliance resolution and public hearing on the annexation before the City Council, as well as the dates of the public hearings before the Planning and Zoning Commission concerning the development review process.  The Planning and Zoning Commission shall recommend a proposed development review schedule to the City Council for inclusion in the annexation calendar.  The recommendation of the Planning and Zoning Commission shall be based upon the anticipated impacts upon the City of the proposed development, including, but not limited to, traffic, open space, active recreational facilities, infrastructure capacity and the compatibility of the proposed development with the City's goals and policies as adopted by ordinance or resolution.  The annexation calendar shall be published upon its adoption by the City Council.  In the event the calendar is amended, the new calendar must be published upon its adoption by the City Council.  An annexation agreement shall be considered by the City Council only upon the completion of the Planning and Zoning Commission portion of the development review process to ensure that the public has had the opportunity to comment on the proposed annexation.  Before any annexation is approved, a development plan for the area to be annexed shall be submitted, and all provisions of this Article and Article 070.030 shall apply.  Concurrent with development plan review, zoning for the annexed land shall be proposed and reviewed.  No zoning nor any development permit shall become effective until the annexation is approved by the City Council.  (A 36-94 §3)

070.020.120  Vested Property Rights.

(a)  Purpose.  The purpose of this Section is to provide the procedures necessary to implement the provisions of Section 24-68-101 et seq., C.R.S., as amended.  (Ad 18-92 §2)

(b)  Definitions.  As used in this Section, unless the context otherwise requires:

Site-specific development plan means:

a.  Any development plan.

b.  Any subdivision plat.

c.  Any special review use site plan.

Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site-specific development plan and any accompanying permit or agreement.  (Ad 13-92 §2)

(c)  Approval - effective date - amendments.  For the purpose of determining the date upon which a vested property right shall be deemed established as set forth in Section 24-68-103, C.R.S., a site-specific development plan shall be deemed approved upon the date of final action by the City according to the procedures set forth in this Title.  Any subsequent amendment to the site-specific development plan shall not extend or otherwise affect the duration of the vested property right unless the City Council specifically finds to the contrary and incorporates such finding in its approval of the amendment.  (Ad 13-92 §2)

(d)  Notice of approval.  Within fourteen (14) days after the approval of a site-specific development plan, the City shall publish or cause to be published in the City's official newspaper a notice describing generally the type and intensity of use approved, describing the specific parcels of property affected and stating that a vested property right has been created according to state law.  In addition to any and all other fees and charges imposed by this Code, the City may charge an additional fee for publication of the notice of approval in an amount not to exceed twenty dollars ($20.00), which fee shall be assessed at the time of application and shall be reimbursed to the applicant if the site-specific development plan is not approved.  (Ad 13-92 §2)

(e)  Other provisions unaffected.  Approval of a site-specific development plan shall not constitute an exemption from or waiver of any other provisions of this Code pertaining to the development and use of property.  (Ad 13-92 §2)

(f)  Limitations.  Nothing in this Section is intended to create any vested property right, but only to implement the provisions of Section 24-68-101 et seq., C.R.S., as amended.  In the event of the repeal of said Article, this Section shall be deemed to be repealed, and the provisions hereof no longer effective.  (Ad 13-92 §2)

(Ad 13-92 §2; Ad 18-92 §2)