Section 6-502 Procedure
An applicant seeking approval of an amendment to the Land Use Code or the Official Zone District Map shall follow the process outlined below. The common review procedures for each stage are set out in Article 5.
6-502.A. Pre-Application Conference. The applicant shall attend a pre-application conference prior to submission of an application.
6-502.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing those materials listed in Section 6-503 of this Division.
6-502.C. Staff Review and Referral. The Planning Director shall review the application to determine whether it is complete and complies with the requirements of this Title.
6-502.C.1. If the Planning Director finds the application is complete and complies with all applicable requirements, the application shall be assigned an agenda date and referred to other appropriate agencies for their comment.
6-502.C.2. If the application is incomplete or does not comply with all applicable requirements it shall be returned to the applicant and shall not be assigned an agenda date, and no further action taken until its defects are remedied.
6-502.D. Public Notice. Public notice that P&Z will conduct a hearing to consider the application for an amendment to the Land Use Code or the Official Zone District Map shall be a Level 2 Notice according to the provisions of 5-204.C.
6-502.E. Staff Report. Prior to the public hearing to consider the application, the Planning Director shall prepare and forward a report to P&Z summarizing any review agency comments received evaluating the application’s compliance with the review standards contained in this Division and other applicable provisions of this Title.
6-502.F. Public Action By P&Z. P&Z shall hold a public hearing to review the conformance of the application with all applicable provisions of this Title. P&Z shall certify a recommendation to the Town Council of approval, approval with conditions, or denial of the application within thirty (30) days after the final public hearing thereon. P&Z’s recommendation shall be based on specific findings of fact as to compliance of the application with the standards set forth in this Division. P&Z may continue the hearing from time to time as it deems necessary.
6-502.G. Public Notice for Council Hearing. The Town Council may only approve proposed amendments to the Official Zone District Map or text of the Land Use Code by ordinance in accordance with the notice, public hearing, and publication requirements of Section 4.12 of the Telluride Home Rule Charter.
6-502.H. Public Action By Town Council. The Town Council shall act upon the recommendations of P&Z at a public hearing. The Council may remand a proposed code amendment or amendment to the zone district map to P&Z for additional study. P&Z shall conduct a hearing on any remanded matter pursuant to a Level 2 Notice according to the provisions of 5-204.C.
6-502.I. Actions Following Approval. Upon the approval of an amendment to the Official Zone District Map, the Planning Director shall place the amendment on the Town’s official district map.
6-502.J. Temporary Suspension of Building Permits and Development Applications Exceptions.
6-502.J.1. Whenever the Town Council has by resolution directed the preparation of an amendment to the text of this Title or to the Official Zone District Map, no building permit not already authorized pursuant to a vested site specific development plan shall be issued for development or construction activity which would be prohibited by or subject to the proposed amendment. Similarly, no pending or newly submitted land use application that would be prohibited by or subject to a proposed text or map amendment upon adoption shall be processed or approved during the pendency of such amendment, except in conformance with the proposed amendment. If the Town Council shall by motion or resolution direct the abandonment of a proposed text or map amendment, or should an ordinance adopting such amendment, or an amendment substantially similar to the proposed amendment, fail to pass Town Council within a reasonable period of time from the date it was first directed or proposed, then all building permits and land use development approvals applied for and/or pending shall be issued or permitted to proceed to approval in accordance with the provisions of this Title then in effect. All proposed text and map amendments shall be diligently processed and adopted in a reasonable and timely fashion so as to minimize delays in the review and approval of new or pending land use development applications.
6-502.J.2. Town Council may by resolution and within its discretion grandfather building permits or land use development applications pending or submitted during the period of time a text or map amendment is being processed as provided for in this Section upon a finding that exempting such application would not seriously impair the purpose, intent, or effectiveness of the proposed text or map amendment after its adoption, and is otherwise in the best interest of the public health, safety and welfare.
6-502.J.3. Notwithstanding any other provision in this subsection 6-502.J, complete and fully submitted land use applications that have been subject to a public hearing prior to such time as the Town Council has directed or initiated amendments to the text of this Title, or to the Official Zone District Map, shall be processed and reviewed in accordance with the land use regulations and ordinances then in effect.