17.104.070 Development Review

17.104.070 Development review.

     A. Initial Inquiry: The initial inquiry involves preliminary discussions between staff and the subdivider to review the request site, discuss eligibility criteria and goals for the site, discuss what is expected of the subdivider and landowner, and discuss the process and submittal requirements. Qualification for this process in no way guarantees that a suitable land division is attainable or that the Board of County Commissioners will approve the application.
     B. Initial Application: If qualified to apply, the subdivider shall submit an application pursuant to Section 17.104.060(A), Initial Inquiry and Application Review.
     C. Public Meeting: Prior to consideration by the Board of County Commissioners, the subdivider is encouraged to host a public meeting to introduce the proposal to the general community and to solicit input and comments from the general public. This is not a requirement.
     D. Formal Submission: Prior to consideration by the Board of County Commissioners, the subdivider shall submit a formal application in compliance to Section 17.104.060(B), Sketch Plan Application (optional) and/or 17.140.060(C), Formal Application Requirements.
     E. Formal Referral: Upon receipt, staff shall refer the formal submission to County departments and other government or private agencies pursuant to the Title 16, SUBDIVISIONS procedures for submission and review of plats. The referral agencies shall make recommendations within twenty-one (21) days after the mailing by Pueblo County unless a necessary extension of not more than thirty (30) days has been consented to by the subdivider and the Board of County Commissioners. The failure of any agency to respond within twenty-one (21) days or within the period of an extension shall be deemed an approval of the Rural Land Use Plan; except that, where such Plan involves twenty (20) or more dwelling units, a school district shall be required to submit within said time limit specific recommendations with respect to the adequacy of school sites and the adequacy of school structures.
     F. Public Notice: The Rural Land Use Process is the process by which the cluster development occurs. The Rural Land Use Plan shall be heard by the Board of County Commissioners at a public hearing for approval or denial. The Rural Land Use Plan is published as a legal notice in the local Pueblo newspaper, the legal notice is sent to property owners within a 300-foot perimeter of the Rural Land Use Plan property boundary, and a poster of the Rural Land Use Plan is posted on the property.
     G. Staff Review: Staff shall prepare a review taking all comments received by the referred agencies into consideration and make a recommendation to the Board of County Commissioners.
     H. Board of County Commissioners' Review: The Board of County Commissioners shall consider staff’s review and recommendation, agency comments, the formal submittal, any public hearing comments and any other information submitted and may decide to approve, conditionally approve or deny the application. The Board of County Commissioners may impose such conditions to recordation of the Rural Land Use Plan and other documents in order to implement the intent of this process. Such requirements, when they exist, shall be noted on the Rural Land Use Plan.
     I. Recordation.
     1. Upon approval by the Board, the subdivider shall have 180 days to submit the approved Rural Land Use Plan ready for recordation and any other documents with appropriate recording fees to the Department of Planning and Development.
     2. Within thirty (30) days of receipt of the Rural Land Use Plan, the staff planner shall review the documents for compliance with the Board’s approval, obtain the County Official’s signatures, and submit to the Clerk and Recorder’s Office for recordation.
     J. State Engineer Notification: Staff shall notify the State Engineer of the Division of Water Resources of the approved rural cluster land division and shall provide the State Engineer a copy of the approved Rural Land Use Plan within ten (10) days of the Board of County Commissioners’ approval.