1.14.6 Town Action

1.14.6.1 Time Frame Once an application is received, the staff will work diligently to review the application as quickly as time and workload allows. It is reasonable to expect that an application will appear before the Planning Commission with a recommendation within 90 days of receipt of the application, if the developer has been diligent in responding to requests for additional information required to process the application. The scale or complexity of a project or staff workload may necessitate a longer processing period. In such cases, the staff will notify the applicant when an application is filed as to the projected processing time frame. 1.14.6.2 Staff Review The Planning Commission, Town staff and other appropriate Town officials, including the Technical Review Committee shall review the project and propose a conditional use permit encompassing the conditions of development and approval. The permit shall incorporate the site plans and architectural plans for the project. If the developer accepts the conditions imposed, the conditional use application shall be placed on the agenda of the Planning Commission for final approval. The staff may recommend immediate review of the permit to the next scheduled Planning Commission meeting (if notice requirements under section 1.6 can be met) if the Town staff determines that the conditions may be better prepared and evaluated by the Planning Commission, or if the permit requested is a minor or temporary conditional use. 1.14.6.3 Planning Commission Review The Planning Commission shall determine if all points of this Code have been complied with for review and compliance of the conditional use processes and may further amend, add or delete conditions recommended by the Town staff prior to their approval. When completed, the Planning Commission will approve or deny the permit. If the Planning Commission denies the permit, the applicant may not appeal to the Town Council, but must amend and re-submit the application or appeal to the Board of Adjustment. 1.14.6.4 Town Council Approval The Town Council may approve, amend or deny the conditional use permit as proposed by the Planning Commission. After approval by the Town Council, zoning clearances are to be issued by the Town building official as provided in the International Building Code and this Code. 1.14.6.5 Staff Appeal If the Town and the developer are not able to agree on conditions of approval, the developer may still may go before the Planning Commission for review or may withdraw the application. The review shall appear on the agenda for the next regularly scheduled meeting that has available time and meets notice requirements of section 1.6. Priority shall be given to reviews in preparation of the agendas. If the Town staff has not acted on an application or has not indicated to the developer what aspects of the plan are not acceptable as proposed within 90 working days after submission, the developer shall have the right of review by the Planning Commission. The developer may, at any time in the review process, request review of the conditions of approval by the Planning Commission. If the applicant does not agree with the findings or actions of the Planning Commission or the Town Council, the only avenue for appeal is to be heard by the Board of Adjustment, as per chapter 5 of this code. 1.14.7 Plat Approval When a conditional use requires the recording of a plat, the final plat shall be taken to Planning Commission for plat approval only. The scope of review for plat approval is limited as set forth below in Section 1.21. Plat approval may be granted at the same time as the conditional use approval. 1.14.8 Transferability A conditional use permit may be transferable with the title to the underlying property so that an approved project may be conveyed or assigned by the applicant to others only upon review and approval by the Planning Commission. The permit cannot be transferred off the site on which the approval was granted. 1.14.9 Expiration Unless otherwise specified during the review and approval process, Conditional use permits shall expire one year from the date of the Town Council approval of the conditional use, unless substantial construction activity has commenced on the project. Substantial construction activity is evidenced by the developer obtaining zoning clearances for the project (or for the first phase of a phased project). Permits may be issued in stages, but the issuance of a footing and foundation permit is not evidence of substantial construction activity unless the permits for the remainder of the structure (or remainder of the phase, in phased projects) are paid for within six months of the issuance of the footings and foundation permit. Demolition permits do not evidence substantial construction work for purposes of extending a conditional use permit. Whether construction has commenced or not, the Town Council may grant an extension of the conditional use permits for up to one additional year when the applicant is able to demonstrate a legitimate need to delay the start of construction, such as inclement weather, delays in financing, or similar factors. Where the Town Council has granted a temporary Conditional Use permit, that permit’s expiration will occur on the date specified in the permit. Renewal of the permit after expiration in any type of conditional use will require a complete reapplication as if no permit was granted previously and as procedurally outlined in this code. 1.14.10 Standards for Review No conditional use permit shall be issued unless the Town finds that the application complies with all requirements of this Code; that the use will be compatible with surrounding structures in use, scale, mass and circulation; that the use is consistent with the Amalga Town General Plan; and that the effects of any differences in use or scale have been mitigated through careful planning. Review for impact on Town Infrastructures will be made as previously outlined in the section 1.13 procedures. All Infrastructure improvements must be concurrently constructed and timed carefully with the development and costs associated with them born by the developer as previously outlined. The Town shall review each of the following items when considering a conditional use permit: (a) Size and location of the site; (b) Traffic considerations including capacity of the existing streets in the area; (c) Utility capacity; (d) Emergency vehicle access; (e) Location and amount of off-street parking; (f) Internal traffic circulation system; (g) Fencing, screening, and landscaping to separate the use from adjoining uses; (h) Building mass, bulk, design and orientation, and the location of buildings on the site; including orientation to buildings on adjoining lots; (i) Usable and permanent open space considerations; (j) Signage and lighting; (k) Physical design and compatibility with surrounding structures in mass, scale, style, design, and architectural detailing; (l) Noise, vibration, pollution, odors, steam, or other mechanical factors that might affect people and property off site; (m) Control of delivery and service vehicles, loading and unloading zones, and screening of trash pick-up or waste storage areas; (n) Expected ownership and management of the project as primary residences, time interval ownership, nightly rental, or commercial tenancies; (o) Design or Architectural Review as may be advised by the Town; (p) Other Technical Review matters as may be advised by the town or the Technical Review Committee. 1.14.11 Sensitive Lands Review If a conditional use approval is located within the Sensitive Area Overlay Zone, or designated area, additional requirements and regulations may apply. 1.14.12 Technical Review The Planning Commission or Town Staff may require a certification of review from the technical review committee if one is established. This Committee may be set up to review and make suggestions to the Planning Commission regarding unique concerns or features of a project that may be beyond the expertise of the Town Planning Commission or Staff. Recommendations of that committee may be used as guidelines in the establishment of conditions under this permit as outlined in Section 3.25.