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A. Preapplication Conference:

1. Purpose: A conference between the Director and other staff (including any referral agencies deemed appropriate) and the applicant shall take place prior to the submission of any materials for review. The purpose of this conference is to acquaint the town with the applicant's intentions; to acquaint the applicant with the substantive and procedural requirements of this chapter; and to identify policies which create opportunities and pose significant constraint for the proposed development. Applicants shall provide for review at the preapplication conference a drawing to scale of the proposed building locations; on and off site circulation; a topographical map of the subject property; and other information pertinent to the proposed development as requested by the Director.

B. Work Session: The need for a work session with the Planning Commission shall be determined by the Director following the preapplication conference. In the event that a work session is to be held, the applicant shall provide the following for review at that meeting: a drawing to scale of the proposed building locations; on and off site circulation; a topographical map of the subject property; a vicinity map; and other information pertinent to the proposed development as requested by the Director.

C. Preliminary Hearing:

1. Requirements: All Class B applications shall be required to be submitted to the planning commission for review at a minimum of one (1) preliminary hearing prior to the submission of a formal application and the commencement of the final review process. In addition, the applicant may be requested:

a. To appear at a meeting of referral agencies if the director determines that the impacts of a proposed project are of such magnitude as to require review by referral agencies at this stage of the review process. The town engineer shall review all Class B applications.

b. To schedule an on site inspection with members of the commission and staff prior to a final hearing. Color and texture samples of proposed building materials of a size and quantity as requested by the Director shall be provided for this site visit (building corners shall be marked).

c. The Planning Commission may require a second preliminary hearing for all Class B projects.

2. Purpose: The purpose of the preliminary hearing is to acquaint the Planning Commission with the applicant's intentions and general scope of the project. The preliminary hearing should be utilized to discuss the general concept of the project and determine if the proposed uses, density, mass, scale, general site layout and the relationship of the project within the neighborhood are consistent with Town policies.

3. Submission Requirements: The applicant shall supply the number of sets as noted of the following drawings and materials not later than the deadline established in the rules and regulations. Within seven (7) days after the application has been submitted the Director shall determine whether the application is complete and all required materials have been submitted. If the application is complete, it shall be "accepted" and a preliminary hearing scheduled. If the application is not complete, it shall be so noted, the applicant advised of the deficiencies, and if the deficiencies are of a significant nature, the Director may determine that the application may not be scheduled for Planning Commission review until the deficiencies are corrected. The Director shall have the discretion to require additional submittal materials, including, but not limited to, more detail on each of these submission requirements.

a. Five (5) copies of a site plan map and one (1) electronic copy in pdf 11"x17" format indicating the general site design of the application, including all existing and proposed improvements. The site plan map shall provide adequate detail to evaluate the preliminary landscaping; circulation; parking; snow stacking; location of all buildings and their entrances, uses and height; walls; fences; loading points; refuse container locations; location of all public rights-of-way; all existing and proposed easements; drainage facilities; finished grade elevations; dimension lines where appropriate; and direction of storm water runoff flows.

1. The site plan shall be drawn at a scale of one inch equals twenty feet (1" = 20') or one inch equals ten feet (1" = 10') for sites of ten thousand (10,000) square feet or less; shall be drawn on twenty four inch by thirty six inch (24" x 36") size paper; and shall depict the property corners and all permanent survey monuments. It shall further include the title under which the proposed plan is to be filed; the date of drawing preparation and any revisions; a north arrow; the scale of drawing; the legal description for the property; signature blocks; phasing lines; a data block to include: tabulation in square feet of building mass and density (broken down by uses if more than 1 use is proposed, and accompanied by a statement of density used by this plan, and any density remaining for this site); the land area of site; dwelling area; common area; open space area, lot coverage, total site disturbance area, and impervious surface area to be expressed in square feet and percent of site; snow stack area; parking, both required and provided; the land use district; name of master plan, if applicable; the number of dwelling units and bedrooms; and the number and type of fireplaces. The site plan shall not contain any information regarding signage.

2. The signature block shall contain a statement stating:

Upon the issuance of a development permit by the town of Breckenridge, this site plan shall be binding upon the applicant, and the applicant's successors and assigns, until such time as the town has issued a final certificate of occupancy or a certificate of compliance. Prior to the issuance of a final certificate of occupancy or certificate of compliance, this plan shall limit and control the issuance and validity of all building permits, and shall restrict and limit the construction location, use, occupancy and operation of all land and structures within this plan to all conditions, requirements, locations and limitations set forth herein and in the development permit for this site. Abandonment, withdrawal or amendment of this plan may be permitted only in accordance with the Breckenridge Development Code. This document represents the entire understanding between the applicant and the town of Breckenridge with regard to development rights and density remaining on this site.

3. One colored copy of the site plan map shall be submitted by the applicant and shall be used as an exhibit for the Planning Commission preliminary hearing.

b. Existing topography of the site at two foot (2') intervals to be shown on a separate map which is to include significant views; natural features and vegetation; names of adjacent subdivisions; departing lot lines of adjacent subdivisions; and footprints of adjacent existing and approved buildings (5 sets).

c. Floor plans (5 sets).

d. All building elevations at a scale of one-fourth inch equals one foot (1/4" = 1'), indicating the general architectural character of the building with heights referenced to USGS and Town datum (5 sets).

e. Vicinity Map. Within the Historic District, the scale shall be one to sixteen (1:16), consisting of all structures; lot lines and setback dimensions to lot lines; public rights-of- way, roads and water features on both sides of the street for the entire block, or within four hundred feet (400') on each side of the property, whichever is greater (5 sets).

f. An application on a form provided by the Director, signed by the property owner of record or an agent having power of attorney.

g. A fee in the amount required by chapter 10 of this title.

h. Proof of ownership of the site current within one hundred twenty (120) days of submittal.

i. A list of property owners whose property lies within three hundred feet (300') of the subject property, and their last known address as shown on the most recent County Assessor's records (1 set).

j. A shadow projection showing the shadow cast by the proposed structure(s) between the hours of ten o'clock (10:00) A.M. and two o'clock (2:00) P.M. on the winter solstice, and the effects thereof on adjacent structures and property (1 set).

k. In the Historic District, photographs of all existing buildings on site, including elevations and detail; photographs of properties adjacent to the site; and photographs of any other properties that may be affected (1 set).

l. Within the Historic District, a cultural survey shall be provided if there is any indication that the development will have an effect on any historic structure, or any Town designated landmark, Federally designated landmark, landmark site or "Cultural Landscape District" as defined in chapter 11 of this title or the Historic District in general (1 set).

m. Within the Historic District, an architectural impact statement which describes the design intent and how the project meets the Breckenridge design standards (1 set).

n. Within the Historic District, a streetscape elevation for each side of the street, at a scale of one to sixteen (1:16), that indicates the heights and width of all buildings in existence and to be constructed, with windows and door openings included. The drawing shall encompass the entire block, or an area within four hundred feet (400') on each side of the property, whichever is greater (5 sets).

o. An employee housing narrative as described in Section 9-1-19-24R, "Policy 24 (Relative) Social Community."

4. Mineral Estate Notification: If the real property that is the subject of the application is subject to a mineral estate as defined in section 24-65.5-102(4), Colorado Revised Statutes, and if the application has been determined by the Director to be subject to the requirements of article 65.5 of title 24, Colorado Revised Statutes, the initial public hearing on the application shall not be convened unless the applicant certifies to the Director that notice has been provided to any mineral estate owner and to the town not less than thirty (30) days before the date first scheduled for the preliminary hearing as required by section 24-65.5-103, Colorado Revised Statutes.

D. Final Application: A final hearing shall be held by the Planning Commission for each Class B project to determine compliance with the policies established within this chapter and other applicable Town ordinances and codes. A final application shall not be requested until the project has been reviewed as a preliminary application before the Planning Commission and has been authorized by the commission to proceed to final hearing. In no instance shall a final application be accepted by the town if more than ninety (90) days have elapsed since the preliminary hearing, in which case the applicant shall appear before the Planning Commission at another preliminary hearing before proceeding.

1. General: Complete final application shall consist of the following materials and plans, all of which shall be submitted no later than the deadline established in the rules and regulations.

a. Compliance Review: Within seven (7) days after the application has been submitted, the Director shall determine whether the application submitted is complete and all required materials have been submitted. If the application is complete, it shall be "accepted" and a final hearing scheduled. If the application is not complete, it shall be so noted, the applicant advised of the deficiencies, and if the deficiencies are of a significant nature, the Director may determine that the application may not be scheduled for Planning Commission review until the deficiencies are corrected.

b. Application: An application signed by the property owner of record, or an agent having power of attorney on forms provided by the town. Any variances applied for shall be included in the application.

c. Number of Sets: The number of sets as noted of the following drawings and materials.

d. Requirements: For Planning Commission review:

1. Four (4) sets of elevations of the proposed structures hardline drafted to scale with the elevation referenced to USGS datum of the following features: existing ground surfaces; finished grade; top of foundation; floor elevation; roofline; and the highest point of the structure. The elevations shall further specify the building materials; colors; roof top mechanical units; and scale of drawing. One set of the colored architectural elevation(s) from the predominant street frontage shall be submitted for exhibit at the Planning Commission hearing.

2. Five (5) copies of a site plan map and one (1) electronic plan set in pdf 11"x17" format shall depict the following details of the site information required for preliminary applications, revised in accordance with the input received from the town's review of the preliminary application: all existing and proposed improvements; on and off site circulation; parking; snow stacking; location of all buildings and their entrances, uses and height; walls; fences; loading points; location of all public rights-of-way; all existing and proposed easements; drainage facilities; finished grade elevations; dimension lines where appropriate; and direction of storm water runoff flows. In addition, the final site plan shall include the following: dimensions of building setbacks; dimensions of all public rights-of-way; names of all adjacent subdivisions depicting their departing lot lines from the boundary of the subject property; types of surfacing; finished floor elevations for all proposed structures; lighting plan; sign locations and design (including lighting, materials and color); location of existing and proposed utilities (including sewer, water, drainage, telephone, power, gas, cable television and refuse container location).

3. The site plan shall be drawn at a scale of one inch equals twenty feet (1" = 20'), or one inch equals ten feet (1" = 10') for sites of ten thousand (10,000) square feet or less; shall be drawn on twenty four inch by thirty six inch (24" x 36") size paper; and shall depict the property corners and all permanent survey monuments. The site plan shall further include the title under which the proposed plan is to be filed; the date of drawing preparation and any revisions; a north arrow; the scale of drawing; the legal description for the property; signature blocks; phasing lines; a data block to include: tabulation in square feet of building mass and density (broken down by uses if more than 1 use is proposed, and accompanied by a statement of density used by this plan and any density remaining for this site); the land area of site; dwelling area; common area; open space area, lot coverage, total site disturbance area, and impervious surface area to be expressed in square feet and percent of site; parking, both required and provided; snow stack area; the land use district; name of master plan, if applicable; the number and type of fireplaces, the number of dwelling units and bedrooms. The site plan shall not contain any information regarding signage.

4. The signature block shall contain a statement stating:

Upon the issuance of a development permit by the town of Breckenridge, this site plan shall be binding upon the applicant, and the applicant's successors and assigns, until such time as the town has issued a final certificate of occupancy or a certificate of compliance. Prior to the issuance of a final certificate of occupancy or certificate of compliance, this plan shall limit and control the issuance and validity of all building permits, and shall restrict and limit the construction location, use, occupancy and operation of all land and structures within this plan to all conditions, requirements, locations and limitations set forth herein and in the development permit for this site. Abandonment, withdrawal or amendment of this plan may be permitted only in accordance with the Breckenridge Development Code. This document represents the entire understanding between the applicant and the town of Breckenridge with regard to development rights and density remaining on this site.

5. Signed mylar (1 set): Prior to issuance of the development permit, the applicant shall submit a twenty four inch by thirty six inch (24" x 36") mylar copy of the final site plan as approved by the Planning Commission at the final hearing. The mylar shall reflect any changes required by the Planning Commission at the final hearing. The name of the architect shall appear on the signed mylar. The mylar shall be signed by the property owner of record or an agent having the power of attorney.

6. Five (5) sets of a separate landscaping plan at a scale of one inch equals twenty feet (1" = 20'), or larger, containing the following:

(a) Property lines.

(b) Dimensions.

(c) Structures.

(d) Existing natural features.

(e) Final grading plan with existing and proposed topography.

(f) Location of landscape materials to be planted.

(g) A plant specification list must also be submitted which contains the following information:

Key to the plan.

Botanical names.

Common names.

Sizes and number of the specimens.

How transplanted (container stock, bare root, balled and burlapped, etc.).

Estimated sizes at planting and maturity.

Quantity of each.

Method of irrigation.

(h) One copy of the colored landscape plan map shall be submitted by the applicant to be used as an exhibit for the Planning Commission hearing.

(i) At the discretion of the director, depending on the size of the site and the complexity of the site plan, the landscaping information specified in this section may be combined with the site plan.

7. A preliminary drainage and water quality mitigation plan, including an estimate of anticipated flows; all structures required to mitigate the anticipated impacts; and all other materials as may be required by the town engineer (five (5) sets). See the engineering regulations for additional engineering submittals.

8. Floor plans; preferred scale one-fourth inch equals one foot (1/4" = 1') (needed only if changed from preliminary application) (3 sets).

9. Typical building section(s): Two (2) sections depicting one view each on perpendicular axes to each other (i.e., side to side and front to back are to be provided). Preferred scale one-half inch equals one foot (1/2" = 1') (3 sets).

10. Special details, stairs, fireplace, location of construction trailer and construction staging area (if any), special and/or unusual construction techniques, materials and design (3 sets).

11. Color and texture samples of all exterior materials with combinations of materials and colors shown as they will appear in the finished building (1 set).

12. A certificate signed by a registered land surveyor attesting that the subject property corners have been established and monumented in the field (1 set).

13. An employee housing narrative as described in section 9-1-19-24R, Policy 24 (Relative) Social Community."

2. Evidence: The applicant shall submit his evidence on the forms provided. The summary of evidence shall be solely contained in the space provided on the evidence form. The director may require, or the applicant may choose to submit, evidence beyond that contained in the space provided on a policy evidentiary form. The director and/or planning commission may also lessen the requirements for a final hearing at any time for good cause. Such additional evidence, if any, shall be relevant, short and usable by laymen. Any variance applied for shall be noted on the policy evidentiary form and included with the application.

3. Historic District: In addition to the normal requirements of the Class B permit process, any application for development in the historic district of Breckenridge may require supplemental drawings and additional meetings at the discretion of the director.

E. Final Hearing Procedure:

1. Application: No later than the deadline established in the rules and regulations, the applicant shall submit an application and materials as required in subsection D of this section.

2. Compliance Review: Within seven (7) days after the application has been submitted, the director shall determine whether the application submitted is complete and all required materials have been submitted. If the application is complete, it shall be "accepted" and a final hearing scheduled. If the application is not complete, it shall be so noted and the applicant advised of the deficiencies.

3. Referral and Review: The director shall have the right to transmit a copy of the application to referral agencies for their review and comment, and to review the project itself for compliance with town goals and policies.

a. The director may request a meeting of the referral agencies if he feels that there are significant questions to be answered concerning the application.

b. Prior to the final hearing, the staff shall deliver to the applicant and planning commission and make available at the Town Hall their written report on the proposed development, including their conclusion on compliance with absolute policies, allocation of points on all relative policies and the recommended conditions to be attached for approval.

4. Final Hearing: Not more than forty-five (45) days from the date of acceptance and after notice the planning commission shall hold a public hearing on the development proposal.

5. Decision: The planning commission shall have thirty (30) days after the conclusion of the public hearing to make a decision.

At the final hearing the planning commission shall review and consider the point analysis for the development proposal prepared by the director pursuant to section 9-1-17-3 of this chapter.

If the planning commission agrees with the point analysis prepared by the director the planning commission shall:

a. Approve the development proposal if the point analysis indicates that the proposed development implements or has no effect on all relevant absolute policies and is allocated zero or net positive number of points for the relative policies; or

b. Deny the development proposal if the point analysis indicates that the proposed development does not implement all relevant absolute policies (subject to variance), or if it is allocated a net negative number of points for the relative policies.

If the planning commission disagrees with the point analysis prepared by the director the point analysis may be changed by affirmative vote of the planning commission. Once the point analysis for the development proposal has been finalized the planning commission shall either approve or deny the proposal using the standards set forth above.

The planning commission's final decision on a development proposal may be made by a single motion which, if approved, has the effect of both approving the point analysis and either approving or denying the development proposal as described in the motion.

Any approval of a development proposal may include such conditions of approval as the planning commission shall approve pursuant to section 9-1-17-7 of this chapter.

No decisions of the planning commission shall be in conflict with the provisions of this section. The planning commission may continue the hearing for good cause, or to allow additional information and materials to be submitted that will allow for a comprehensive review. In the event a final hearing has been continued, the applicant shall submit all additional materials to the town in accordance with the submittal schedule established by the director.

Within the historic district, the town may make the following decisions in addition to the decisions allowed above:

a. The town may table the application for a period of up to one hundred twenty (120) days to allow for further study of the proposal by the applicant, town and planning commission.

b. The town may approve the application, but place a condition that the permit not be in effect until a future date not to exceed one hundred eighty (180) days from approval of the development permit.

c. The town may deny the application based upon a finding that approval of the development permit will have a significant, negative impact upon the historic character of the site, building or community as a whole. (Ord. 22, Series 2016)

6. Notice and Council Call-Up: The director shall notify the council of all planning commission decisions on Class B applications at the council's next regular meeting after the decision. At that meeting, the council may, by an affirmative vote of the members present, call up any decision of the planning commission for their own review. The town council's call-up hearing shall be held in accordance with section 9-1-18-5(A) of this chapter. In lieu of calling up a planning commission decision, the council may, with the consent of the applicant, modify or eliminate any condition of approval imposed on the application by the planning commission, or add any condition of approval. All planning commission decisions on Class B applications shall stand as presented unless called up or modified by the town council.

7. Development Permit Issuance: Once the decision of the town has been finalized, the director shall transmit by regular mail the final decision to the applicant, and if the application is approved, shall issue a development permit with or without conditions. The development permit will not be valid until the applicant has signed it, indicating his/her agreement with any and all conditions and returned it to the town.

8. Other Permits: After approval and prior to construction, applicant shall be responsible for obtaining all necessary permits.

9. Town Engineer Approval: Applicant shall receive approval from the town engineer per title 10 of this Code prior to issuance of a building permit, beginning any construction, or beginning any grading work. Permits that may be required from the town engineer include an infrastructure permit, a floodplain development permit, and right-of-way permit.

F. Combining Preliminary and Final Hearings; Class B Development Permit Application: The preliminary and final hearings for a Class B development permit application may be combined if the director determines that the issues involved in the application are such that no useful purpose would be served by requiring two (2) separate hearings. In such cases, when it is determined that the application is ready for final hearing, the director shall schedule the application for a single hearing, which shall include a public hearing. Prior to the hearing, a formal point analysis shall be prepared. The application may not be approved unless the planning commission finds that it is appropriate to combine the preliminary and final hearings.

Class B development permit process: Please refer to the review calendar in the office of the town clerk for an overview of the Class A and B development permit application review process. (Ord. 19, Series 1988; amd. Ord. 10, Series 1990; Ord. 7, Series 1993; Ord. 13, Series 1993; Ord. 18, Series 1999; Ord. 24, Series 2001; Ord. 17, Series 2003; Ord. 7, Series 2004; Ord. 37, Series 2007; Ord. 8, Series 2013; Ord. 22, Series 2016; Ord. 1, Series 2019; Ord. 3, Series 2019; Ord. 17, Series 2020; Ord. 24, Series 2021; Ord. 31, Series 2021; Ord. 3, Series 2022)