The requirements described in this section are common to many of the procedures contained in this Code. Table 21.02-3 summarizes the common application procedures in this Code and identifies whether they are required for the specific procedures defined in GJMC §
21.02.050. Exceptions to these general rules apply and may be identified in the regulations for the specific procedures.
(a) Summary Table of Commonly Applicable Procedures.
Table 21.02-3: Summary Table of Commonly Applicable Procedures * = Optional check mark ✓= Required Gray Box = Not Applicable PDIM = Proposed Development Information Meeting NCM = Neighborhood Comment Meeting |
|---|
Section | Procedure | Applic. Outreach Mtg | Public Notice | Public Hearing |
|---|
| Detailed requirements in GJMC: | | |
|---|
Administrative Permits |
| Change of Use Permit | | | |
| Fence Permit | | | |
| Floodplain Development Permit | | | |
| Home Occupation Permit | | | |
| Planning Clearance and Building Permit | | | |
| Sign Permit | | | |
| Temporary Use Permit | | | |
Administrative Approvals |
| Administrative Adjustment | | | |
| Code Interpretation | | | |
| Comprehensive Plan Amendment, Administrative Changes | | | |
| Final Plat | | ✓ | |
| Group Living Processes | PDIM [3] | | |
| Minor Subdivision | | ✓ | |
| Preliminary Subdivision Plan | PDIM [2] | ✓ | |
| Revocable Permit, Director approval | | | |
| Sign Package | | | |
| Site Plan (Major) | | ✓ | |
Applications Requiring a Public Hearing |
| Annexation | NCM | ✓ | ✓ |
| Code Text Amendment | | ✓ | ✓ |
| Comprehensive Plan Amendment (CPA), Non-Administrative | NCM | ✓ | ✓ |
| Conditional Use Permit (CUP) | NCM | ✓ | ✓ |
| Conditional Use and Special Dimensional Permit Amendment, Termination, or Revocation | NCM | ✓ | ✓ |
| Extended Temporary Use | NCM | ✓ | ✓ |
| Institutional and Civic Facility Master Plans | NCM | ✓ | ✓ |
| Planned Development | NCM [4] | ✓ | ✓ |
| Rehearing and Appeal | | ✓ | ✓ |
| Revocable Permit, City Council Approval | | ✓ | ✓ |
| Rezoning | NCM | ✓ | ✓ |
| Special Dimensional Permit | NCM | ✓ | ✓ |
| Vacation of Plat | NCM | ✓ | ✓ |
| Vacation of Public Right-of-Way or Easement | NCM [5] | ✓ | ✓ |
| Variance | NCM | ✓ | ✓ |
| Vested Property Rights | | ✓ | ✓ |
Historic Preservation |
| Historic Preservation Procedures | | ✓ | ✓ |
Notes: |
[1] | Major site plans only. |
[2] | PDIM, Major subdivision only. |
[3] | PDIM required for Fraternity/Sorority, Group Living, and Rooming/Boarding House applications. |
[4] | Neighborhood Comment meetings are only required at the time of Outline Development Plan and a subsequent Neighborhood Comment or Proposed Development Information Meeting is not required for the associated Final Development Plan and Preliminary Subdivision Plan. |
[5] | NCM, Vaction of Public Right-of-Way only. |
(c) Application Outreach Meetings.
(1) Purpose.
The purposes of Application Outreach Meetings are to:
(i) Inform neighboring property owners of the details of a proposed development;
(ii) Identify how the developer intends to meet the standards contained in this Code; and
(iii) For specific application types, to allow the applicant to receive preliminary public comment on the proposal.
(2) Meeting Types.
There are two types of Application Outreach Meetings:
(i) A Neighborhood Comment Meeting (NCM) is held prior to a public hearing on an application. The purpose of an NCM is to allow the neighborhood to provide that applicant with feedback that may be relevant to improving the design of the project to address neighborhood concerns that may otherwise be raised at the public hearing.
(ii) A Proposed Development Information Meeting (PDIM) is held to share information about a proposed project with the neighborhood. Attendees are invited to share comments but shall be informed that the standard of approval for the application is compliance with this Code and suggestions may not be incorporated.
(3) Applicability.
(i) An Application Outreach Meeting is required as indicated in Table 21.02-2 and is optional for all other applications.
(ii) The Director may waive this step if the project will have little potential to create material negative impacts on the surrounding neighborhood. If the Director waives a required outreach meeting, the Director will provide the applicant a written explanation of the reasons why the meeting was waived for inclusion with the project application.
(4) Notice.
(i) The applicant shall provide written notice of the meeting type (NCM/PDIM), date, time, place, and subject of the meeting to the Director for approval at least 14 days before the meeting. This shall include all information required to access the meeting if conducted virtually.
(ii) Once the notice has been approved, the Director will assist the applicant to identify all property owners and organized groups in the neighborhood or outreach area. The application shall:
(A) Mail the notice to every owner and group identified, as well as the Community Development Department.
(B) Provide courtesy electronic notice to any affected neighborhood organizations that request notification from the Community Development Department. A copy of the meeting notice shall be attached to the electronic notice to allow additional distribution within the organization.
(iii) The notice must be mailed/emailed no later than 10 calendar days prior to the meeting date.
(iv) For purposes of this section, all properties located within a radius of 500 feet of any portion of the project are considered "the neighborhood." Notice shall also be provided to organized groups that have registered with the City, such as a homeowners' association, condominium association, neighborhood group, or any member's lot or parcel within 1,000 feet of the project.
(v) Community Development staff is not responsible for verifying or correcting email addresses provided by a neighborhood organization and failure of a neighborhood organization or individual member to receive notice does not affect the validity of the Application Outreach Meeting.
(5) Procedures.
(i) Meeting Time and Procedure.
(A) The applicant must provide for and conduct either a physical or virtual meeting. Meetings must be held on a non-holiday, weekday evening beginning between 5:30 p.m. and 8:00 p.m.
(B) A required Application Outreach Meeting must be held 180 days or fewer before the application is submitted.
(ii) Meeting Content and Conduct.
(A) At the meeting, the applicant shall present a concept plan, describe project impacts, describe ways to mitigate impacts, facilitate a discussion, and answer questions during the meeting. A concept plan is not required at a NCM for comprehensive plan amendments, code text amendment, zone of annexation and/or rezones.
(B) The concept plan shall, at a minimum, delineate access to the site, internal circulation, the range of density of the entire property or the maximum intensity (square footage and stories for all buildings).
(C) The meeting shall be conducted so that participants have an opportunity to ask questions and provide comments.
(D) A member of City staff shall attend the meeting and be available to explain applicable Code requirements and, as needed, the project's compliance with the Comprehensive Plan and any applicable adopted plan or ordinance.
(iii) Information Provided with Application.
(A) The following information shall be included with the application submittal:
a. A written list of names and addresses of those given notice, how notice was provided, and meeting participants.
b. A written summary of the meeting including all public comments.
(B) The Director shall make, or instruct the applicant to make, the summary available to the meeting attendees and the public for inspection following the filing of a complete application.
(d) Application Submittal and Fees.
(1) Application Requirements.
(i) Applications shall be submitted on the prescribed forms and according to the deadlines contained in the Submittal Standards for Improvements and Development (SSID) manual. The City may also make application forms available electronically.
(ii) The Director may require additional information necessary to evaluate the application based on size, complexity, development timeline, or potential impacts of the project on the surrounding neighborhood or the City's transportation or utility systems.
(iii) The Director may waive application submittal requirements of this Code in order to reduce the burden on the applicant and tailor the requirements to the information required to review a specific application. The applicant shall make a written request identifying the specific submission items to be waived and why, and the Director may waive the requirements on a finding of the following:
(A) The applicant shows good cause for the requested waiver;
(B) The project size, complexity, anticipated impacts, or other factors support a waiver;
(C) The waiver does not compromise a proper and complete review; and
(D) The information is not material to describing the proposal or demonstrating compliance with approval criteria.
(2) Fees.
(i) Initial Application.
The applicant shall pay all required application fees to the City in full before an application will be reviewed by the Director or scheduled for a public hearing. Application fees are generally nonrefundable.
(ii) Changes to Complete Applications.
In addition to fees set forth in the City fee schedule, the following fees shall apply to actions taken on a complete application:
(A) Withdrawn Application.
All fees are forfeited in the event the City has incurred any expense related to the application. If the application is refiled within 180 calendar days a resubmittal fee must be paid. The submission fee shall be paid again in full if the application is resubmitted after six months.
(B) Continuance of Application.
Payment of fees may be required to cover the cost of additional notice.
(C) Reapplication.
Payment of fees shall be required for a reapplication where a previous application has been denied.
(D) Modification or Revision of Approved Site Plan.
a. Minor Modifications.
An application for administrative relief and payment of the associated fee is required.
b. Major Modifications.
Any requested modifications that do not qualify for administrative relief shall be considered major modifications. A new application is required along with the associated application fee.
(3) Who Can File an Application.
Applications processed under this Code shall be submitted by one of the following unless otherwise specified in this Code:
(i) The owner(s), or any other person having a recognized property interest in the land on which development is proposed within the City;
(ii) A person authorized to submit the petition on behalf of the owner or other person having a recognized property interest in the land, as evidenced by a letter or document signed by the owner; or
(iii) Planning Commission, City Council, or City staff may file an application for a Comprehensive Plan Amendment, Code Amendment, Planned Development, or a Rezoning.
(4) Determination of a Complete Application.
(i) A complete application is one that contains all of the information, materials, and fees required by Subsections
(d)(1) and
(2), above. On determining the application is complete, the Director shall accept the application for review in accordance with the procedures and standards of this Code. Incomplete applications will not be processed or reviewed by the City.
(ii) If the application is deemed incomplete, the Director shall notify the applicant of the information or materials that are still needed to make the application complete.
(A) The applicant shall have 45 days to resubmit a completed application.
(B) If the applicant does not resubmit the application within 45 days, the application shall be considered abandoned. The City shall return the application to the applicant and take no further steps of review.
(e) Application Review.
(1) Staff Review.
An application shall be reviewed by City staff and other appropriate external agencies for compliance with applicable regulations, laws, and policies. Upon completion of staff review, the staff shall provide its comments in writing to the applicant.
(2) Review by Other Agencies.
The staff shall forward copies of the applications to appropriate agencies for their comments. Examples of review agencies are:
(ii) Telecommunications, gas, electric and other utilities;
(iii) Irrigation, drainage, water and sewage, sewer provider special districts;
(iv) School and fire agencies;
(vi) Mesa County staff, Planning Commission, or Board of Commissioners;
(vii) State agencies (e.g., Colorado Geologic Survey, Colorado Department of Transportation, Colorado Department of Natural Resources, Colorado Division of Wildlife); and
(viii) Federal agencies (e.g., Federal Emergency Management Agency, Bureau of Land Management, U.S. Army Corps of Engineers).
(3) Agency and Department Comments.
External agency reviews will be advisory in character and do not constitute approval or disapproval. All comments shall be forwarded to the applicant for response.
(4) Applicant's Response.
An application submitted to the City for review must be diligently pursued and processed by the applicant. Applicants shall have 90 days to resubmit revised documents to address comments from the City or the application shall be considered inactive and abandoned. The Director may grant two extensions to the resubmission deadline, not to exceed a total extension of 180 days.
(5) Review of Response.
The Director shall determine if sufficient information has been provided to schedule an application for a hearing or approve, approve with conditions, or disapprove the application. If the application is insufficient the applicant shall be notified. The applicant shall be allowed additional resubmittals and responses, pursuant to the same timeframes as the original response, before the application is scheduled for a hearing or before the Director decides whether the application is complete.
(6) Final Report.
The Director's written report and recommendations shall be made publicly available at least three calendar days before a public hearing.
(f) Complete Applications with Changed Status.
(1) Withdrawn Application.
(i) An applicant may withdraw an application by providing written notice to the Director of the applicant's intent to withdraw. After such withdrawal, no further City action on the application shall take place.
(ii) Fees will not be refunded for a withdrawn application.
(iii) For any application requiring a public hearing, the applicant may request in writing that the application be withdrawn before the hearing is opened. An applicant may ask to withdraw after the hearing is opened, but the decision-making body will decide whether or not to approve the request.
(2) Postponement.
(i) The applicant may request an application be postponed to a future scheduled public hearing date.
(ii) A request submitted prior to public notice: shall be in writing, sent either by mail or email, and received by the Director prior to date of publication of the notice of public hearing.
(iii) If a request is either submitted or received by the Director following publication of notice: The applicant must attend the public hearing to request the application be postponed to a future scheduled public hearing date.
(iv) If the Director determines the applicant is not taking affirmative steps to advance a postponed application for a final determination or the applicant requests that an application be postponed for a second time, the Director may declare the application terminated.
(A) No further processing of such application shall occur and the application fees shall be forfeited.
(B) Any re-submittal of the application shall be treated as a new application for purposes of review, scheduling, and payment of application fees.
(g) Public Notice and Public Hearing Requirements.
(1) Purpose.
Public hearings must comply with legal requirements for due process (the opportunity to be heard) and allow for community input.
(2) Applicability.
(i) Notice shall be provided as required by Table 21.02-4 and all costs to provide notice shall be paid by the applicant.
(ii) The Director may determine based on the scope or nature of the project that additional notice shall be provided, which shall be done at the applicant's cost.
(iii) If a project requires action on several applications at the same hearing, the Director may provide for a single, combined notice.
(3) Public Notice.
(i) Notice Required.
(A) Applications for development shall comply with the Colorado law and the provisions of this section with regard to public notification. The required notice for each application type is identified in Table 21.02-4. Application-specific notice requirements are located in the section for the specific application types.
(B) No public notice under this section shall be made for incomplete applications or for applications requiring additional revisions and review. Applications that remain incomplete or requiring revision after the notice publishing, posting, or mailing deadline shall be removed from the applicable meeting agenda and placed on the next available meeting agenda.
(ii) Summary Table of Public Notice Requirements.
Table 21.02-4: Summary Table of Public Notice Requirements Days/Distance/Yes = Required Notice Gray Box = Not Applicable |
|---|
Section | Procedure | Published Notice | Mailed Notice | Sign Notice |
|---|
Administrative Permits |
| Change of Use Permit | | | |
| Fence Permit | | | |
| Floodplain Development Permit | | | |
| Home Occupation Permit | | | |
| Planning Clearance and Building Permit | | | |
| Sign Permit | | | |
| Temporary Use Permit | | | |
Administrative Approvals |
| Administrative Adjustment | | | |
| Code Interpretation | | | |
| Comprehensive Plan Amendment, Administrative Changes [1] | 7 days | | |
| Final Plat | | Owners within 500 feet | Yes |
| Group Living Processes | | | |
| Minor Plat Amendment | | | |
| Preliminary Subdivision Plan | | Owners within 500 feet | Yes |
| Revocable Permit, Director approval [2] | | | |
| Sign Package | | | |
| Minor Subdivision | | Owners within 500 feet | Yes |
| Site Plan (Major) | | Owners within 500 feet | Yes |
Applications Requiring a Public Hearing |
| Annexation | 7 days | Owners within 500 feet [1] | Yes |
| Code Text Amendment [2] or Rezoning | 7 days | Owners within 500 feet [1] | Yes |
| Comprehensive Plan Amendment (CPA), Non-Administrative [1] | 7 days | Owner within 500 feet | Yes |
| Conditional Use Permit (CUP) | 7 days | Owners within 500 feet | Yes |
| Conditional Use and Special Dimensional Permit Amendment, Termination, or Revocation | 7 days | Owners within 500 feet | Yes |
| Extended Temporary Use | 7 days | Owners within 500 feet | Yes |
| Institutional and Civic Facility Master Plans | 7 days | Owners within 500 feet | Yes |
| Planned Development | 7 days | Owners within 500 feet | Yes |
| Rehearing and Appeal | [3] | [3] | [3] |
| Revocable Permit, City Council Approval | | | |
| Special Dimensional Permit | 7 days | Owners within 500 feet | Yes |
| Vacation of Plat [4] | 7 days | Owners within 500 feet | Yes |
| Vacation of Public Right-of-Way or Easement | 7 days | Owners within 500 feet | Yes |
| Variance | 7 days | Owners within 500 feet | Yes |
| Vested Property Rights | Within 10 days of approval | | |
Historic Preservation |
| Historic Preservation Procedures | 7 days | | |
Notes: |
[1] | Mailed notice and sign posting is not required for CPA, Rezonings, or Annexation for requests relating to more than 5% of the area of the City and/or related to a Citywide or area plan process. |
[2] | Mailed and sign notice are not required for a Code Text Amendment. |
[3] | Notice of the appeal hearing shall be provided in the same manner as was required with the original action. |
[4] | Plats with rights-of-way or easements only. |
(iii) Content.
(A) Required notices, except for property signs, shall meet the general requirements of notice provided by the City and provide the following information:
a. Address or location of the property subject to the application and the name of the applicant or the applicant's agent;
b. Date, time, and place of the public hearing;
c. Description of the nature, scope, and purpose of the application or proposal including a description of the development plan and, where appropriate, the classification or change sought;
d. Notification about where the public may view the application; and
e. State that the public may appear at the public hearing.
f. Contact information for arranging participation in the public hearings for individuals with hearing, speech, or vision impairment.
(B) Property signs shall include the following information:
(iv) Agenda Notice.
Agenda notice shall be posted and published on the City's website a minimum of 48 hours prior to a meeting.
(v) Published Notice.
(A) When required by Table 21.02-4, a notice including the information described in GJMC §
21.02.030(g)(3)(iii) must be published at least once. The Director shall be responsible for giving notice.
(B) In computing notice time, the day of the hearing shall be excluded.
(C) The applicant shall either provide the information for the notice or pay the City to prepare the information.
(D) All published notices shall be published in a local newspaper of general circulation recognized by the City. Based on the size, complexity, or potential impacts of a proposed application, the Director may require that courtesy notice be provided to other newspapers, radio, and television stations servicing the City for use as a public service announcement.
(vi) Mailed Notice.
(A) When required by Table 21.02-4, a notice including the information described in GJMC §
21.02.030(g)(3)(iii) shall be sent by U.S. mail as provided in this section.
(B) Notice shall be provided to:
a. Within the distance specified in Table 21.02-4, each owner and tenant at the address on file with the Mesa County, Colorado, Assessor;
b. Each person who attended any required Application Outreach Meeting and signed-up to receive notice.
(C) All mailed notices must be sent at least 10 days before a public hearing or within 15 business days from receipt of a complete application for administrative applications.
(D) Failure of any individual addressee of such letter of notification to receive the same shall not in any way invalidate or affect subsequent action on the application and such requirement shall not be construed as a legal precedent to the official approval.
(E) Mailed notice to property owners shall be required only for the initial presentation of the proposed development at a public hearing. Additional mailed notice shall not be required for any subsequent hearings except when the hearing is deferred or continued at the applicant's request. In that case, the applicant shall be responsible for paying any additional fees for the purposes of re-notifying adjacent property owners.
(vii) Property Sign.
(A) The City shall prepare and the applicant shall post signs giving notice of the application. At least one sign shall be posted on each street frontage of the property.
(B) For administrative applications, signs shall be posted as follows:
a. Each sign shall be posted within 15 business days from receipt of a complete application.
b. The applicant shall maintain the sign on the property until the project has received approval per §
21.02.030(h)(2)(i) or has been withdrawn by the applicant.
c. The applicant shall be required to provide proof that the property sign has been posted for a minimum of 15 calendar days prior to issuance of any approval pursuant to GJMC §
21.02.030(h).
(C) For applications requiring a public hearing, signs shall be posted as follows:
a. Each sign shall be posted at least 10 calendar days before the initial public hearing and remain posted until the day after the final hearing.
b. The applicant shall be required to provide proof that the property sign has been posted for a minimum of 15 calendar days prior to the scheduling of a public hearing.
c. The applicant shall maintain the sign on the property until the day after the final public hearing.
(viii) Courtesy Notice.
(A) The City may, as a courtesy, provide notice to any persons or organization in the City or Mesa County, or to any governmental, public, or quasi-government organization regarding any matter related to this Code that may be of interest to of that person or organization, or on any matter on which any such person or organization has requested notice.
(B) Courtesy notice may be provided in any appropriate manner, including electronically, and may be directed to an organization through its leadership for distribution rather than to the entire membership.
(C) The failure of the City to send courtesy notice or the failure of any resident or property owner to receive such notice shall not affect the validity of any City action with respect to an application.
(ix) Five Percent Notice.
Applications that are applicable to more than 5% of the area of the City and/or related to a Citywide or area plan process, such as Comprehensive Plan Amendments, some Rezonings, or zones of annexation, are not required to provide mailed or property sign notice.
(x) Constructive Notice and Substantial Compliance.
(A) Notice is sufficient if there is substantial compliance with the requirements of this section.
(B) 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 may include, but are not limited to errors in legal descriptions, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to the affected parties.
(C) Failure of one or more individual parties to receive written notice shall not invalidate subsequent action.
(D) If questions arise at a review hearing regarding the adequacy of notice, the decision-making authority shall direct the Director to make a formal finding as to whether there was substantial compliance with the notice requirements of this Code, and such finding shall be made available to the decision-making authority prior to final action on the request.
(E) When City records document the publication, mailing, or posting of notices as required by this section, it shall be presumed that notice of a public hearing was given as required by this section.
(4) Public Hearing.
(i) Timing.
The Director shall schedule an application for hearing only when all issues have been resolved or can be resolved through post-review procedures, and a determination of compliance with all codes and regulations is made.
(ii) Applicant's Option.
An applicant has the right to request a hearing at any time during the review process.
(iii) Request for a Continuance Prior to Hearing.
(A) An applicant shall have the right to one continuance before the Planning Commission, Zoning Board of Appeals or City Council. A written request for the continuance shall be submitted to the Director by the applicant or their representative at least three days before the hearing. A request for a continuance may also be made by the City staff, the Planning Commission, or City Council.
(B) An applicant requesting a continuance shall make reasonable efforts to notify all persons previously advised of the hearing that a continuance has been requested. Reasonable efforts shall include, but not be limited to, personal notice, broadcast or print media notice and any other form of notice determined by the Director to be reasonable.
(C) The review body may grant one continuance to a time, place, and date certain, without taking any testimony, except pertaining to the adequacy of the notice.
(iv) Conduct of Hearing.
(A) Any person may offer relevant information in writing or in person. Every speaker representing one or more other persons shall state their name, street address, and if an organization or group, the name and mailing address of the organization or group.
(B) The Chair shall exclude testimony and evidence that is irrelevant, immaterial, unduly repetitious, or disruptive. Ordinarily no one presenting testimony or evidence may ask questions of other persons appearing as witnesses; although the chairperson of the body may ask questions suggested by a person presenting testimony. At any point, members of the body conducting the hearing may ask questions of the applicant, staff or public.
(C) No person shall knowingly make a false statement nor present false, deceptive, or slanderous testimony, comment, or remarks at a public hearing.
(v) Continuance of Public Hearing.
The decision-making body may grant a continuance of the public hearing.
(vi) Additional Rules.
The decision-making body conducting the hearing may adopt rules of procedure to limit the number of applications to be considered per meeting, limit the time for each presentation or speaker or as provided by this section, temporarily hear and decide quasi-judicial hearings in accordance with the alternative hearing procedure, which are adopted by this reference and incorporated as if fully set forth.
(h) Recommendation and Decision.
(1) Planning Commission as Recommending Body.
If the Planning Commission is the recommending body, the Planning Commission shall review the application against applicable decision-making criteria and prepare a recommendation that shall be forwarded to the City Council. All recommendations, including recommendations of denial, shall be heard by the City Council without necessity of appeal.
(2) Approval Criteria.
(i) Decision by Director.
(A) Where Table 21.02-2 indicates that the Director must make the decision on an application, the Director shall review and approve the application, approve it with conditions designed to bring the application into compliance with the specific requirements of this Code, or deny the application based on the application of the criteria specified for the application.
(B) The decision shall be based on the information submitted with the application, comments from referral agencies, and any required approvals from other agencies.
(ii) Decision by Planning Commission, City Council, or Zoning Board of Appeals.
(A) Where Table 21.02-2 or another provision of this Code indicates that the Planning Commission, City Council, or Zoning Board of Appeals shall make the decision on an application, the decision-making body shall review and approve the application, approve it with conditions, or deny the application.
(B) The decision-making body shall review the application against the applicable criteria and make decisions based on policies, standards, plans, recommendations, the applicable law, the testimony, and information presented at the hearing.
(C) Where there has been a public hearing before the Planning Commission, hearings shall be de novo before the Council. An affirmative vote of five members of the City Council shall be required to approve rezones and Comprehensive Plan amendments recommended for denial by the Planning Commission. Procedural requirements provided elsewhere in this Code shall be applicable.
(iii) Conditions.
(A) A decision-making body, including the Director, this Code may impose conditions as needed to ensure that the approval is consistent with the purposes of the Comprehensive Plan and the general purpose of this Code stated in GJMC §
21.01.050.
(B) All conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development or shall be based upon standards duly adopted by the City prior to the review of an application. Conditions may include those necessary to carry out the purpose and intent of the Comprehensive Plan and this Code.
(C) Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body unless and until the decision-making body takes formal action to attach that condition to a development approval.
(D) Any conditions that require an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a principle applicable to a broad class of applicants, any condition imposed shall include an individualized determination and shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.
(3) Development Improvements Agreement (DIA).
(i) Development Improvements Agreement Authorized.
The Director may defer the requirement for the completion of required improvements if the applicant enters into a Development Improvements Agreement (DIA) by which the applicant agrees to complete all required public improvements in accordance with an agreed schedule. The Director may require the applicant to complete and dedicate some required public improvements prior to approval of the Final Plat and to enter into a DIA for completion of the remainder of the required improvements. The City Attorney shall approve any DIA as to form.
(ii) Agreement to Run with the Land.
The Development Improvements Agreement shall provide that the requirements contained therein shall run with the land and bind all successors, heirs, and assignees of the applicant. The DIA for subdivisions shall be recorded with the Mesa County Clerk and Recorder. All other DIAs may, at the Director's discretion, be recorded or deposited with the City Clerk. All existing lien holders shall be required to subordinate their liens to the guarantees contained in the DIA.
(iii) Performance Security.
(A) Whenever the Director permits an applicant to enter into a Development Improvements Agreement, the applicant shall be required to provide sufficient security to ensure completion of the required public improvements. The security shall be in the form of a cash deposit made to the City, a letter of credit or disbursement agreement from an authorized financial institution, a subdivision bond, or a completed, unrecorded plat. The letter of credit, disbursement agreement, or subdivision bond shall be in a form approved by the City Attorney.
(B) The guarantee shall be in an amount estimated by the Director as reflecting 120% of the cost of the improvements in the approved Construction Plan and shall be sufficient to cover all promises and conditions contained in the DIA.
(C) In addition to all other security, when the City participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the City as a co-obligee.
(D) The issuer of any guarantee shall be subject to the approval of the City in accordance with adopted policies.
(iv) Maintenance Guarantee for DIA.
(A) The applicant shall guarantee the improvements against defects in workmanship and materials for a period of one year from the date of City acceptance of such improvements. The maintenance guarantee shall be secured by a letter of credit, cash escrow, maintenance bond, or other form acceptable to the Director.
a. If the security is a letter of credit or cash escrow, then it shall be in an amount reflecting 20% of the cost of the completed improvements.
b. If the form of security is a maintenance bond, it must be in a form acceptable to the City Attorney, in the principal amount of 20% of the value of the project's public improvements, for a period of one year from the date of final acceptance by the City of all improvements in the project, or as applicable, the phase or filing of a project for which improvements are constructed and accepted.
c. If repairs, replacements, or modifications to the project's public improvements are made by the applicant or are required to be made by the City during the one-year maintenance period, then the City, at its sole option and discretion, may require an extension of the security in an amount equal to the actual or estimated repair, replacement, or modification costs plus 20%. If the Director has reason to believe that the security will be extended beyond the one-year initial term, then the Director shall notify the applicant in writing no later than 30 days before expiration of the security. Mailing of an extension notice shall cause the applicant to extend the security (bond, cash, or letter of credit) for an additional 12 months. The extension shall be on the same terms as the security being extended. The security may be extended for one additional year as may be necessary for the bond to be called or for the improvements to be repaired, modified, or replaced in a manner that satisfies the City. If the Director has reason to believe that the type or extent of the repair, replacement or modification does not warrant extension of the maintenance security, then the security may be released after the initial one-year period. In making the decision to extend the security the Director may consider any facts or information deemed relevant, which may include, but is not limited to, whether the failed improvements are above or below grade, whether the failed improvements may reasonably be found to constitute life, health and/or imminent safety hazard; whether other phases or filings depend on the improvements and/or the degree of failure of the improvements.
(B) If the applicant has not warranted and guaranteed required improvements pursuant to a DIA, the applicant shall give the City security equal to at least 50% of the cost of the required improvements.
(v) Offers to Dedicate Streets, Roads, and Other Lands.
(A) Acceptance of Dedication.
The City Council, or its designees, may accept, accept with conditions, or reject any offer to dedicate any land or facility. Any offer to dedicate made pursuant to or as a condition of a review or approval pursuant to this Code constitutes the owner irrevocable warranty that such owner has the right, title, and interest to convey to the City and that no hazardous or other regulated substance is present on, under or in the property.
(B) Acceptance of Maintenance.
Approval of a subdivision does not mean the City will accept any road, street, or public site for maintenance. The City shall not be obligated to maintain any land unless it explicitly agrees to do so in writing.
(vi) Temporary Improvements.
The Developer shall construct and pay for all costs of temporary improvements required by the City to protect the public, neighborhood, or another person. The applicant shall maintain said temporary improvements for the period specified.
(vii) Completion of Improvements.
(A) Construction of Required Improvements.
a. Before construction begins, the developer must be familiar with the submittal, construction, plans and inspection requirements of each utility or agency.
b. After the City and/or other utility providers has inspected and approved all or a portion of the required improvements, the developer may request, in writing, that the approved portion be accepted for maintenance by the appropriate agency. The City shall establish the developer's limits of responsibility for the improvements. The City may condition its acceptance and may require additional guarantees and assurances for at least one year following acceptance.
c. Even if the City does not accept all or a portion of the required improvements, or delays any acceptance, the City may require the Developer to correct such defects or deficiencies identified by the City, in which case, final acceptance may be extended for one additional year.
(B) Release of Improvements Agreement and Guarantee.
a. The developer shall submit a written request for a release from the Development Improvements Agreement for the improvements that have been accepted for maintenance by the appropriate agency. Proof of acceptance for maintenance and proof that there are no outstanding judgments or liens against the property shall accompany this request.
b. The City Council, or its authorized representative, shall review the request. If the requirements of the DIA concerning that portion requested for release have been complied with, the appropriate document of release shall be recorded with the Mesa County Clerk and Recorder's Office.
c. Release of the DIA does not constitute a certificate of completion and release of responsibility.
(C) Certificate of Completion and Release of Responsibility.
Upon expiration of the limits of responsibility established in this Code, the developer may request a certificate of completion and release of responsibility from the appropriate agency.
(viii) Extension of Development Improvements Agreement and Security.
(A) If the applicant is unable to complete all required improvements contained in an executed Development Improvements Agreement within the time stated therein, he/she shall provide written notice of same to the Director at least 30 calendar days prior to the deadline of the milestones he will be unable to meet. The applicant shall make a formal written request for an extension of the completion date for performance in the DIA and security and provide a revised development schedule, which shall be reviewed by the Director. The Director shall approve, approve with conditions or deny the request for an extension. Based on the Director's decision the existing DIA may be amended, a new DIA drawn up and executed, or the Director may exercise any default provisions contained in the approved DIA. Any amendments or new agreements shall be recorded in the same manner as the original DIA, if required by the Director.
(B) If the DIA is to be extended or a new DIA is to be executed, the applicant shall provide sufficient security which may be the same as or greater than the original security, up to 120%, as was required with the original guarantee. No amendment or replacement DIA shall be executed, recorded or effective until security acceptable to the Director is provided.
(i) Post-Decision Actions.
(1) Change in Ownership.
Unless otherwise stated for a specific type of permit, application, or decision under this Code, or unless otherwise stated on the permit or approval document, permits, approvals, and approvals with conditions under this Code run with the land and are not affected by changes in ownership, tenancy, or the form of ownership or tenancy of the property. Subsequent owners and tenants of the property have the same rights and obligations with respect to the permit, approval, or decision as the initial applicant.
(2) Successive Applications.
No application for Rezoning, Conditional Use Permit, or Variance on the same request nor one involving the same tract shall be permitted within one year of an application denial.
(3) Modifications of Approvals.
After City approval or approval with conditions of an application under this Code, a property owner or holder of a permit or approval may apply for an Administrative Adjustment of the permit or approval under GJMC §
21.02.040(c).
(4) Amendments.
(i) All substantial changes, modifications, removal, or release of the provisions of an approved application that do not qualify as Administrative Adjustments under GJMC §
21.02.040(c) shall be considered amendments of the application. Amendments shall include, but are not limited to, changes in use, access, layout, any condition of approval, any change resulting in significant increased off-site impacts, and similar changes as determined by the Director.
(ii) Proposed amendments shall be treated as new applications. If the proposed amendment is not consistent with an earlier, preliminary approval, the Director shall inform the applicant that a new application for the earlier approval will need to be submitted.
(iii) The Director may require that an application for Administrative Adjustment to an approved application be treated as an application for amendment if the Director determines that the application raises a significant public controversy in which numerous parties other than the owner of the property may want to offer testimony.
(5) Effect of Modification or Amendment.
If approved, the modification or amendment shall then supersede the previous approval, and subsequent development on the property shall be in accord with the amended approval.
(6) Rehearing and Appeal.
Any aggrieved person, including the Director, may request a rehearing or file an appeal of final action under GJMC §
21.02.050(k).
(j) Lapsing and Extension of Approvals.
(1) Period of Validity.
(i) Permit or Administrative Approval.
An administrative permit or approval granted under this Code shall lapse and shall become void one year following the date of final approval unless, prior to the expiration date, construction is commenced and pursued toward completion. A different timeframe may be established during the approval of a permit or specific administrative approval.
(ii) Approval Requiring a Public Hearing.
(A) Except where a different timeframe is provided in a specific procedure or set by the decision-making body, the validity of any approval requiring a public hearing is two years.
(B) A Rezoning, including rezoning to Planned Development, is not subject to expiration.
(2) Extension of Approval Term.
(i) Extension Request.
A request to extend any approval shall be submitted in writing to the Director prior to the expiration of the original approval.
(ii) Permit or Administrative Approval.
(A) Unless otherwise stated in a permit or specific procedure for an administrative approval, the Director may extend the validity of the permit or approval for up to 180 more days if the applicant proves they can complete the project in conformance with the approved plan set.
(B) The Director may grant one extension of 12 months for a preliminary subdivision or unrecorded Final Plat, in accordance with GJMC § 21.02.040(l)(5)(ii)(F)b.
(iii) Approval Requiring a Public Hearing.
The decision-making body may extend any deadline if the applicant demonstrates why the original effective period or development phasing schedule was not sufficient and cannot be met. When deciding to extend or change any deadlines, the decision-making body shall consider if development regulations have materially changed so as to render the project inconsistent with the regulations prevailing at the time the extension would expire.
(Ord. 5299, 1/21/2026; Ord. 5298, 1/21/2026; Ord. 5263, 6/18/2025; Ord. No. 5242, 12/4/2024; Ord. No. 5229, 8/21/2024; Ord. 5218, 5/1/2024; Ord. 5205, 3/20/2024; Ord. 5190, 12/20/2023)
