EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter V - Section 47
Subdivision and Platting Procedures

1.   Prior to the filing of a sketch plan/preliminary plan/final plat, etc., the subdivider may submit to the Development Services Department a conceptual plan or declaration of intent of the proposed development. This does not require a formal application or an application fee, nor does it require Planning Commission review.

2.   The Development Services Department shall discuss with the subdivider or his agent the proposed development plans and shall indicate to the subdivider the changes, if any, that will be required and the procedure for submitting the sketch plan.

B.   SKETCH PLAN

1.   WHEN REQUIRED

The Development Services Director shall consider the following criteria in making the determination as to whether a Sketch Plan should be required:

a.   Whether or not the development is to be phased in various stages.

b.   Whether or not multiple land uses are proposed.

c.   If a subdivision is not to be phased in various stages or multiple land uses are not proposed, a sketch plan may not be required.

2.   PREPARATION

The applicant shall cause the sketch plan to be prepared for the land proposed to be developed and such sketch plan shall be in compliance with the requirements of these Regulations.

3.   ADJOINING PROPERTY OWNERS

Prior to submitting the request, the applicant shall send a letter to each adjoining property owner as evidenced by the ownership records of the El Paso County Assessor's office. Said letter shall contain, at a minimum, the following information:

a.   Owner, applicant and/or consultant (Name, Address and Telephone Numbers)

b.   Site location, size, existing zoning, proposed land use and zoning.

c.   Type of request and reasons for request.

d.   Description of existing and proposed facilities, structures, roads, etc.

e.   Waiver requests, if any.

f.   Statement that the adjoining property owner may appear in person at the Planning Commission and/or Board of County Commissioners' hearing or, if unable to attend, submit a statement expressing his or her opinions and comments on the application to the Development Services Department.

g.   Statement that the date, time, and place of the public hearings regarding the application(s) can be obtained by contacting the Development Services Department.

4.   SUBMITTAL DEADLINE

The sketch plan and supplemental data must be submitted to the Development Services Department no later than sixty (60) days prior to any regular meeting of the Planning Commission.

Upon submission, the Development Services Department shall review the submittal for completeness. If all required items are included, the Development Services Department shall issue a receipt of submittal to the subdivider.

5.   DISTRIBUTION

Within five (5) working days of the submittal of the sketch plan, the Development Services Department shall transmit the required number of copies of said plans to the following agencies for their review and recommendations:

a.   County Parks Department.

b.    Appropriate School District. Where the plan involves twenty (20) or more dwelling units, it will be mandatory for the School Board to submit within the said time limit specific recommendations with respect to the adequacy of school sites.

c.   Department of Transportation.

d.   Any municipality, county, or special district, which is within a two (2) mile radius, as well as any home owners association within a two (2) mile radius which has registered itself with the Development Services Department and provided such Department with a current contact and address.

e.   Regional Building Department.

f.   Any utility and service district, or ditch company, when applicable.

g.   El Paso County Department of Health & Environment.

h.   Soil Conservation District Board.

i.   Colorado State Forest Service.

j.   State Engineer.

k.   Colorado State Geological Survey.

l.   Any other agencies as deemed necessary by the County Development Services Department or as required by law or regulations, including but not limited to: U.S. Forest Service; State Highway Department; State Health Department; Pikes Peak Area Council of Governments.

Each of these agencies should, within thirty-five (35) days after receiving the plans, forward to the Development Services Department a written report of their findings and recommendations. The time limit for referral response may be extended to a maximum of another thirty (30) days with the consent of the Development Services Department. Failure to respond within the thirty-five (35) day period or within the extension period shall be deemed an approval.

6.   ACTION OF THE DEVELOPMENT SERVICES DEPARTMENT

The Development Services Department shall review the sketch plan to determine if it is consistent with the standards set forth in these Regulations; investigate the relationship of the existing and proposed land uses, the physical, and environ-mental impacts of the pro-posal.

PUBLIC NOTICE:

a.   Posting: Plain notice, not less than two (2) square feet in size, of the date and place of hearing of all petitions shall be posted in a conspicuous place on the property site by the Development Services Department at least two (2) weeks prior to the Planning Commission meeting. The notice shall contain the specific subject matter of the hearing, including the present zone, if any, the proposed zone, or the special use contemplated. The location and phone number of the public office where additional information may be obtained shall also be included on such notice. Such notices shall be changed in the event that the time or place of such hearing is changed.

b.   Agenda: The agenda of the Planning Commission meetings shall be made available to the news media and the public no later than three (3) days prior to the meetings.

7.   ACTION OF THE PLANNING COMMISSION AND THE BOARD OF COUNTY COMMISSIONERS

The Planning Commission shall review the plan, reports, recommendations and comments from the Development Services Department, from the subdivider or his representatives and from interested citizens at a public hearing. The Board of County Commissioners shall review the plan, reports and comments from the Development Services Department, from the subdivider or his representative and from interested citizens, and recommendations of the Planning Commission at a separate hearing.

Action taken by the Planning Commission and Board of County Commissioners shall be considered a preliminary decision to the zoning and platting of the property and shall not be considered a final decision for purposes of judicial review.

a. Resolution for Approval

If the Planning Commission approves the sketch plan, said plan and their recommendations shall be referred to the Board of County Commissioners for their consideration.

If the Board of County Commissioners approves the sketch plan, said plan shall be deemed to be in conformity with the standards set forth in these regulations.

b.   Motion for Tabling

If the Planning Commission and/or the Board of County Commissioners tables the sketch plan, said plan shall be reconsidered by the Planning Com-mission and/or by the Board of County Commissioners at a regularly scheduled separate meeting, provided all provisions as specifically outlined by the Planning Commission or the Board of County Commis-sioners have been complied with by the subdivider three (3) weeks prior to the scheduled meeting.

c.   Resolution for Disapproval

If the Board of County Commissioners elects to disapprove the sketch plan, said plan shall be deemed not to be in conformity with the standards or the intent as set forth in these Regulations. Whenever a sketch plan has been denied by the Board of County Commissioners, then the Planning Commission may not reconsider said sketch plan for a period of one (1) year from the Board of County Commissioners' action of disapproval. Provided, however, that if in the opinion of the Development Services Department, the plan is modified as to overcome the stated objections, then the Planning Commission may consider said plan within the one (1) year time limitation.

d.   Conditional Approval

The Board of County Commissioners may elect to approve the sketch plan subject to certain conditions or provisions. The subdivider shall recognize that these conditions or provisions must be complied with at the identified stage of either the hearing or development process.

e.   Notification

The subdivider shall be notified by the Development Services Department by letter of the action taken by the Planning Commission and by the Board of County Commissioners. The letter shall include any changes or recommendations as indicated at the public hearing.

f.   Inactive Projects

Unless a sketch plan has been forwarded to the Planning Commission for its consideration within six (6) months following the submittal date of the sketch plan, it shall be deemed withdrawn and a new sketch plan must be resubmitted in its entirety unless an extension is granted by the Director of the Development Services Department. Any extension granted by the Development Services Department Director shall be limited to one (1) three (3) month extension.

No sketch plan shall remain postponed or otherwise inactive in excess of twelve (12) months following a Planning Commission hearing unless an extension is granted by the Director of the Development Services Department. Sketch plans not forwarded to the Board of County Commissioners within twelve (12) months following Planning Commission action (or an extension thereof) shall be deemed withdrawn and a new sketch plan shall have to be submitted in its entirety. Any extension granted by the Development Services Department Director shall be limited to one (1) six (6) month extension.

8.   PRESENTATION OF SKETCH PLAN

It is a requirement of the Planning Commission and the Board of County Commissioners that the applicant or his authorized representative be present at the scheduled public hearings. No plan shall be approved, although said plan may be denied, unless the applicant or his representative is present.

9.   EFFECT OF APPROVAL OF THE SKETCH PLAN

a.   Concurrent processing of zone change, preliminary plan, and final plat applications may occur in conjunction with a Sketch Plan or Sketch Plan Amendment; however any modifications to these applications which result from the hearing action on the Sketch Plan shall be rflected on the zone change, preliminary plan, and final plat documents prior to their approval.
(12/23/04)

b.   Sketch plan approval shall indicate that a proposal to rezone and to subdivide is feasible from a conceptual standpoint and that the land appears to be suitable for the proposed type of land uses and subdivision based on the evidence presented. Sketch plan approval shall not guarantee subsequent approval of any zoning request, preliminary plan or final plat.

c.   Any substantial change in the sketch plan will require resubmittal of the plan in its entirety. A substantial change may be considered to include, but not be limited to, changes which increase density, change in land uses, changes in alignment or classification of an arterial or expressway road-way or any other such change that, in the view of the Development Services Director, requires the resubmittal of the plan.

10.   EFFECT OF DENIAL OF A SKETCH PLAN

a.   Sketch plan denial shall indicate that the development proposal is not feasible from a conceptual standpoint and that the land does not appear to be suitable for the proposed type of subdivision on the basis of the evidence presented. Sketch plan denial shall not prohibit the applicant from submitting any zoning request, preliminary plan or final plat.

11.   STANDARDS FOR REVIEW OF SKETCH PLANS

a.   The relationship of the sketch plan to adopted county, regional and district plans, to include:

1)   Master Plan for the Development of El Paso County.

2)   Master Plan for the Extraction of Mineral Resources.

3)   Regional Air Quality Maintenance Plan and State Implementation Plan.

4)   Regional Water Quality Management Plan.

5) Regional and County Transportation Plan.

6)   Regional Health Services Plan, if applicable.

7)   Special District Plans, if applicable.

8)   Drainage Basin Plans.

b.   Compatibility of proposed land uses within and adjacent to the plan.

c.   Availability of community facilities both existing and proposed, to include:

 1)   Schools.

 2)   Parks and open space.

 3)   Major utility facilities.

 4)   Police and fire protection facilities and boundaries.

 5)   Solid waste collection and disposal facilities.

 6)   Medical facilities.

 7)   Social service facilities.

 8)   Community centers and community activity facilities.

 9)   Other facilities.

10)   Maintenance responsibility and ownership of parks, open space, common areas, and other public areas.

11)   Management arrangement for industrial parks.

12)   Existing and proposed water and/or sanitation services and facilities.

d.   Adequacy of proposed water supply.

e.   Adequacy of proposed method of wastewater disposal.

f.   Project phasing as compared to the project's impact and proposed mitigation measures.

g.   Impacts upon or of the 100-year floodplain of any water course.

h.   Geologic and soils conditions impacting the site.

i.   Wildfire hazard potential and mitigation measures.

C.   PRELIMINARY PLAN

l.   PREPARATION

The subdivider shall cause the preliminary plan of the land proposed to be sub-divided to be prepared, and such preliminary plan shall be in full compliance with the requirements of these Regulations.

2.   ADJOINING PROPERTY OWNERS

a.   Prior to submitting the petition, the petitioner shall either contact the adjoining property owners for their comments and signatures on the petition form, or cause a letter to be sent to said owners by the Development Services Department. The requirements for the letter may be obtained from the Development Services Department.

b.   The petition and the letter shall state that the adjoining property owner may appear in person at the Planning Commission hearing, or if unable to attend, submit a statement further expressing his or her opinions and comments on the petition.

3.   SUBMITTAL DEADLINE

The preliminary plan and supplemental data shall be submitted to the Development Services Department no later than forty-five (45) days prior to any regular meeting of the Planning Commission for preliminary approval consideration.

The preliminary plan and final plat and supplemental data may be submitted to the Development Services Department by the subdivider at the same time no later than forty-five (45) days prior to any regular meeting of the Planning Commission for preliminary plan and final plat consideration.

4.   ACCEPTANCE OF SUBMITTAL

Upon submittal, the Development Services Department shall review the submittal for completeness. If all required items are included, the Development Services Department shall issue a receipt of submittal to the subdivider.

5.   DISTRIBUTION

Within five (5) working days of the submittal of the preliminary plan, the Development Services Department shall transmit the required number of copies of the said plan together with accompanying data to the following agencies for their review:

a.   County Park Department.

b.   Appropriate School District: Where the plan involves twenty (20) or more dwelling units, it will be mandatory for the School Board to submit within said time limit specific recommendations with respect to the adequacy of school sites.

c.   Department of Public Works.

d.   Any municipality or county which is within a two (2) mile radius.

e.   Regional Building Department.

f.   Any utility and service district or ditch company when applicable.

g.   Appropriate Health Department.

h.   Soil Conservation District Board.

i.   Colorado State Forest Service.

j.   State Engineer.

k.   Colorado State Geological Survey.

l.   Any other agencies as deemed necessary by the County Development Services Department or as required by law or regulation including, but not limited to: U.S. Forest Service; the Colorado Department of Transportation, Pikes Peak Area Council of Governments; City of Colorado Springs; Airport Advisory Committee.

Each of these agencies should within thirty-five (35) days after receiving the plan, forward to the Development Services Department written reports of its findings and recommendations. The time limit for referral response may be extended to a maximum of another thirty (30) days with the consent of the Development Services Director. Failure to respond within the thirty-five (35) day period or within the extension period shall be deemed an approval.

6.   ACTION OF THE DEVELOPMENT SERVICES DEPARTMENT

The Development Services Department shall review the preliminary plan to determine if it is consistent with the standards set forth in these Regulations; investigate the relationship of the existing and proposed land uses; and review the fiscal, physical, and environmental impacts of the proposal.

PUBLIC NOTICE:

a.   Posting: Plain notice, not less than two (2) square feet in size, of the date and place of hearing of all petitions shall be posted in a conspicuous place on the property site by the Development Services Department at least two (2) weeks prior to the Planning Commission meeting. The notice shall contain the specific subject matter of the hearing, including the present zone, if any, the proposed zone, or the special use contemplated. The location and phone number of the public office where additional information may be obtained shall also be included on such notice. Such notices shall be changed in the event that the time or place of such hearing is changed.

b.   Agenda: The agenda of the Planning Commission meetings shall be made available to the news media and the public no later than three (3) days prior to the meeting.

7.   ACTION OF THE PLANNING COMMISSION AND THE BOARD OF COUNTY COMMISSIONERS

The Planning Commission and the Board of County Commissioners shall review the plan, reports, recommendations and comments from the Development Services Department, from the subdivider or his representative and from interested citizens at separate public hearings.

a.   Resolution for Approval

If the Planning Commission approves the preliminary plan, said plan shall be deemed to be in conformity with the standards set forth in these Regulations and shall be referred to the Board of County Commissioners for their consideration.

b.   Motion for Tabling

If the Planning Commission and/or the Board of County Commissioners tables the preliminary plan, said plan shall be reconsidered by the Planning Commission and/or by the Board of County Commissioners at regularly scheduled separate meetings, provided all provisions as specifically outlined by the Planning Commission or by the Board of County Commissioners have been complied with by the subdivider.

c.   Resolution for Disapproval

If the Board of County Commissioners elects to disapprove the preliminary plan, said plan shall be deemed not to be in conformity with the standards or the intent as set forth in these Regulations. Whenever a preliminary plan has been denied by the Board of County Commissioners, then the Planning Commission shall not reconsider said preliminary plan for a period of one (l) year from the Board of County Commissioners' action of disapproval. Provided, however, that if in the opinion of the Development Services Department the plan is modified as to overcome the stated objections, then the Planning Commission may consider said plan within the one (l) year time limitation.

d. Conditional Approval

The Planning Commission and the Board of County Commissioners may elect to approve the preliminary plan subject to certain conditions or provisions. The subdivider shall recognize that these conditions or provisions must be complied with upon the submittal of the final plat.

e.   Notification

The subdivider shall be notified by the Development Services Department by letter of the action taken by the Planning Commission and by the Board of County Commissioners. The letter shall include any changes or recommendations as indicated at the public hearing.

f. I  nactive Projects

Unless a preliminary plan has been forwarded to the Planning Commission for its consideration within six (6) months following the submittal date of the preliminary plan, it shall be deemed withdrawn and a new preliminary plan must be resubmitted in its entirety unless an extension is granted by the Director of the Development Services Department. Any extension granted by the Development Services Department Director shall be limited to one (1) three (3) month extension.

No preliminary plan shall remain postponed or otherwise inactive in excess of twelve (12) months following a Planning Commission hearing unless an extension is granted by the Director of the Development Services Department. Preliminary plans not forwarded to the Board of County Commissioners within twelve (12) months following Planning Commission action (or an extension thereof) shall be deemed withdrawn and a new preliminary plan shall have to be submitted in its entirety. Any extension granted by the Development Services Department Director shall be limited to one (1) six (6) month extension.

8.   PRESENTATION OF PRELIMINARY PLAN

It is a requirement of the Planning Commission and the Board of County Commissioners that no preliminary plan shall be approved, although said plan may be denied, unless either the subdivider or his authorized representative is present at the second regularly scheduled hearing subsequent to appropriate public notice.

9.   EFFECT OF APPROVAL OF PRELIMINARY PLAN

a.   Approval of the preliminary plan shall not constitute approval of the subdivision by the Planning Commission or by the Board of County Commis-sioners but shall signify merely the general acceptability of the proposed subdivision.

b.   Such approval shall be considered permission to prepare the final plat, detailed plans and specifications for the proposed subdivision and for all public improvements to be constructed therein by the subdivider.

c.   Such approval shall be effective for no more than twelve (l2) months from the date of approval, unless, upon application from the subdivider, the Development Services Director grants an extension of time beyond such period. If a final plat has not been approved and recorded as required by the provisions of these Regulations within such twelve (l2) month period or any extensions granted thereof, the preliminary plan must be resubmitted to the Planning Commission and to the Board of County Commissioners.

D.   FINAL PLAT

l.   PREPARATION

Within one (l) year after approval or conditional approval of the preliminary plan, the subdivider may cause the subdivision or any part thereof, to be surveyed and a final plat thereof prepared in conformance with the preliminary plan.

2.   ADJOINING PROPERTY OWNERS

a.   Prior to submitting the petition, the petitioner shall either contact the adjoining property owners for their comments and signatures on the petition form, or cause a letter to be sent to said owners by the Development Services Department. The requirements for the letter may be obtained from the Development Services Department.

b.   The petition and the letter shall state that the adjoining property owner may appear in person at the Planning Commission hearing, or if unable to attend, submit a statement further expressing his or her opinions and comments on the petition.

3.   SUBMITTAL DEADLINE

The final plat and supplemental data shall be submitted to the Development Services Department forty-five (45) days before the Planning Commission meeting.

4.   ACCEPTANCE OF SUBMITTAL

Upon submission, the Development Services Department shall review the submittal for completeness. If all required items are included, the Development Services Department shall issue a receipt of submittal to the subdivider.

5.   DISTRIBUTION

Within five (5) working days of the submittal of the final plat, the Development Services Department shall transmit the required number of copies of said plat together with accompanying data to the following agencies for their review when there is a substantial change from the originally approved preliminary plan or when the preliminary plan and final plat are submitted together.

a.   County Park Department.

b.   Appropriate School District: Where the plan involves twenty (20) or more dwelling units, it will be mandatory for the school board to submit within said time limit specific recommendations with respect to the adequacy of school sites.

c.   Department of Public Works.

d.   Any municipality or county within a two (2) mile radius.

e.   Regional Building Department.

f.   Any utility and service district or ditch company when applicable.

g.   El Paso County Department of Health & Environment.

h.   Soil Conservation District.

i.   Colorado State Forest Service.

j.   State Engineer.

k.   Colorado State Geological Survey.

l.   Any other agencies as deemed necessary by the Development Services Department or as required by law or regulation including, but not limited to: U.S. Forest Service; the Colorado Department of Transportation; Pikes Peak Area Council of Governments; etc.

Each of these agencies should, within thirty-five (35) days after receiving the plans, forward to the Development Services Department a written report of their findings and recommendations. The time limit for referral response may be extended to a maximum of another thirty (30) days with the consent of the Development Services Director. Failure to respond within the thirty-five (35) day period or within the extension period shall be deemed an approval.

6.   ACTION OF THE DEVELOPMENT SERVICES DEPARTMENT

The Development Services Department shall review the final plat to determine if it is consistent with the standards set forth in these Regulations and shall investigate the relation-ship of existing and proposed land uses.

PUBLIC NOTICE:

a.   Posting: Plain notice, not less than two (2) square feet in size, of the date and place of hearing of all petitions shall be posted in a conspicuous place on the property site by the Development Services Department at least two (2) weeks prior to the Planning Commission meeting. The notice shall contain the specific subject matter of the hearing, including the present zone, if any, the proposed zone, or the special use contemplated. The location and phone number of the public office where additional information may be obtained shall also be included on such notice. Such notices shall be changed in the event that the time or place of such hearing is changed.

b.   Agenda: The agenda of the Planning Commission meetings shall be made available to the news media and the public no later than three (3) days prior to the meetings.

7.   ACTION BY THE MINOR SUBDIVISION COMMITTEE, PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS

a.   Minor Subdivision Committee

In cases in which an approved sketch plan and/or an approved preliminary plan exists, the final plat may be reviewed by the Minor Subdivision Committee at a regularly scheduled meeting. The Minor Subdivision Committee shall review the plat; reports, recommendations, and comments from the Development Services Department; concerned agencies; and the subdivider; and shall forward its recommendations to the Planning Com-mission and Board of County Commissioners.

b.   Planning Commission

In cases in which the preliminary plan and final plat are submitted simultaneously, the Planning Commission shall review the final plat and report its findings to the Board of County Commissioners for action.

c.   Resolution for Approval

If the Planning Commission recommends approval of the final plat, said plat shall be deemed to be in conformity with the standards set forth in these regulations and shall be referred to the Board of County Commis-sioners for its consideration. If the Board of County Commissioners approves the final plat, said plat shall be deemed in conformity with the standards set forth in these Regulations.

d.   Motion for Tabling

If the Planning Commission or the Minor Subdivision Committee tables the final plat, the petitioner may request the Planning Commission to hear the final plat at its next regularly scheduled meeting.

e.   Resolution for Disapproval

If the Board of County Commissioners elects to disapprove the final plat, the said plat shall be deemed not to be in conformity with the standards or the intent as set forth in these regulations. Whenever a final plat has been denied by the Board of County Commissioners, then the Planning Commission and the Minor Subdivision Committee shall not reconsider said final plat for a period of one (l) year from the Board of County Commissioners' action or disapproval. However, if in the opinion of the Development Services Director the plat is modified so as to overcome the stated objections, then the Board of County Commissioners may consider said plat within the one (l) year time limitation.

f.   Conditional Approval

The Planning Commission or the Board of County Commissioners may elect to approve the final plat subject to certain conditions or provisions.

g.   Inactive Projects

Unless a final plat has been forwarded to the Planning Commission for its consideration within six (6) months following the submittal date of the final plat, it shall be deemed withdrawn and a new final plat must be resubmitted in its entirety unless an extension is granted by the Director of the Development Services Department. Any extension granted by the Development Services Department Director shall be limited to one (1) three (3) month extension.

No final plat shall remain postponed or otherwise inactive in excess of twelve (12) months following a Planning Commission hearing unless an extension is granted by the Director of the Development Services Department. Final plats not forwarded to the Board of County Commissioners within twelve (12) months following Planning Commission action (or an extension thereof) shall be deemed withdrawn and a new final plat shall have to be submitted in its entirety. Any extension granted by the Development Services Department Director shall be limited to one (1) six (6) month extension.

8.   PRESENTATION OF FINAL PLAT

It is a requirement of the Planning Commission and the Minor Subdivision Com-mittee, as well as the Board of County Commissioners, that no final plat shall be approved, although said plat may be denied, unless either the subdivider or his authorized representative is present at the second regularly scheduled hearing subsequent to appropriate public notice.

9.   SIGNATURES

Upon final approval of the final plat by the Board of County Commissioners, the signatures of the Chairman of the Board of County Commissioners and the Development Services Director shall be affixed to the document.

No changes, erasures, modifications, or revisions shall be made on the final plat after approval of the plat has been given by the Board of County Commissioners. No plat shall be recorded prior to satisfaction of all requirements and conditions.

Within one (1) year after approval of the Final Plat by the Board of County Commissioners, the Plat and related documents shall be recorded in the office of the Clerk and Recorder of El Paso County. If the Final Plat is not recorded within one (1) year of approval or within the time period of any extension granted by the Development Services Director, the applicant shall cause the Plat to be submitted to the Board of County Commissioners for reconsideration of its previous action. Any extension of time to record a final plat shall make the recording of the plat be subject to the fees in place at the time of granting of the extension. (12/23/04)

The Board of County Commissioners, upon reconsideration of an expired final plat, may consider, but is not limited to, the review of the following:

a.   Increases in fees for schools, parks, drainage, bridge or other fees established by the County.

b.   Changes in design criteria and/or standards that may warrant revision to a final plat or accompanying information.

c.   Revisions to costs associated with the installation of required public improvements.

d.   Submission of updated title information.

e.   Payment of prior years' taxes.

Any request for reconsideration must include a $25 processing fee, letter of intent/ explanation, and copies of the final plat adequate for distribution to affected agencies (number of copies to be determined by the Development Services Department.

10.   SUBMITTAL OF FILING AND RECORDING FEES

For Filing/Processing Fees, see Section 58. The subdivider shall also pay all recording fees.

E.   VACATIONS

l.   BY VACATION PLAT OR VACATION RESOLUTION

a.   When required

A subdivider shall file a vacation plat on any land being vacated which was originally subdivided by plat and recorded in the El Paso County Clerk and Recorder's Office. A vacation petition and resolution, identifying by legal description the property to be vacated, shall be submitted when the tract or ground was originally created by resolution, or under other provisions of this Resolution.

b.   Preparation

The subdivider shall cause a vacation plat to be prepared as a final plat. Said plat shall be prepared by and have the seal of a registered land surveyor, duly registered to practice in the State of Colorado. When a vacation plat is not required and the petition and resolution are submitted to the Development Services Department, plats shall be the same for the petition and resolution.

c.   Adjoining Property Owners

1)   Prior to submitting the petition, the petitioner shall either contact the adjoining property owners for their comments and signatures on the petition form, or cause a letter to be sent to said owners by the Development Services Department. The requirements for the letter may be obtained from the Development Services Department.

2)   The petition and the letter shall state that the adjoining property owner may appear in person at the Planning Commission hearing, or if unable to attend, submit a statement further expressing his or her opinions and comments on the petition.

d.   Submittal Deadline

The vacation plat shall be filed no later than forty-five (45) days prior to any regular meeting of the Planning Commission.

e.   Distribution

Within five (5) working days of the submittal of the vacation plat, the Development Services Department shall transmit the required number of copies of said plat together with the accompanying data to the following agencies, when applicable, for their review:

1)   County Park Department.

2)   Appropriate School District.

3)   Department of Public Works.

4)   Any municipality or county within a two (2) mile radius.

5)   Regional Building Department.

6)   Any utility and service district or ditch company when ap-plicable.

7)   State Engineer.

8)   Any other agencies as deemed necessary by the Development Services Department including, but not limited to: U.S. Forest Service; the U.S. Department of Agriculture; Soil Conservation Service; the Colorado Department of Transportation; Pikes Peak Area Council of Governments; etc.

Each of these agencies should within thirty-five (35) days after receiving the plans, forward to the Development Services Department a written report of their findings and recommendations. The time limit for referral response may be extended to a maximum of another thirty (30) days with the consent of the Development Services Director. Failure to respond within the thirty-five (35) day period or within the ex-tension period shall be deemed an approval.

f.   Action of the Development Services Department

The Development Services Department shall review the vacation to determine if it is consistent with the standards set forth in these regulations and shall investigate the relationship of existing and proposed land uses.

PUBLIC NOTICE:

1)   Posting: Plain notice, not less than two (2) square feet in size, of the date and place of hearing of all petitions shall be posted in a conspicuous place on the property site by the Development Services Department at least two (2) weeks prior to the Planning Commission meeting. The notice shall contain the specific subject matter of the hearing, including the present zone, if any, the proposed zone, or the special use contemplated. The location and phone number of the public office where additional information may be obtained shall also be included on such notice. Such notices shall be changed in the event that the time or place of such hearing is changed.

2)   Agenda: The agenda of the Planning Commission meetings shall be made available to the news media and the public no later than three (3) days prior to the meetings.

g.   Action by the Minor Subdivision Committee, Planning Commission, and Board of County Commissioners

1)   Minor Subdivision Committee

The vacation plat shall be reviewed by the Minor Subdivision Committee at a regularly scheduled meeting. The Minor Subdivision Committee shall review the plat, reports, recommendations, and comments from the Development Services Department, concerned agencies, and the subdivider, and shall forward its recommendations to the Planning Commission and Board of County Commissioners.

2)   Planning Commission

The Planning Commission shall review the vacation plat and report its findings to the Board of County Commissioners for action.

3)   Resolution for Approval

If the Planning Commission or the Minor Subdivision Committee approves the vacation plat, said plat shall be deemed to be in conformity with the standards set forth in these regulations and shall be referred to the Board of County Commissioners for its consideration. If the Board of County Commissioners approves the vacation plat, said plat shall be deemed to be in conformity with the standards set forth in the Regulations.

4)   Motion for Tabling

If the Planning Commission or the Minor Subdivision Committee tables the vacation plat, the petitioner may request the Planning Commission or the Minor Subdivision Committee to hear the vacation plat at its next regularly scheduled meeting. If the Board of County Commissioners tables the vacation plat, the petitioner may request the Board of County Commissioners to hear the vacation plat at its next regularly scheduled meeting.

5)   Resolution for Disapproval

If the Board of County Commissioners elects to disapprove the vacation plat, the said plat shall be deemed not to be in conformity with the standards or the intent as set forth in these Regulations.

Whenever a vacation plat has been denied by the Board of County Commissioners, then the Planning Commission and the Minor Subdivision Committee shall not reconsider said vacation plat for a period of one (l) year from the Board of County Commissioners' action of disapproval. Provided, however, that if in the opinion of the Development Services Director, the vacation plat is modified so as to overcome the stated objections, then the Board of County Commissioners may consider said plat within the one (l) year time limitation.

6)   Conditional Approval

The Planning Commission or the Board of County Commissioners may elect to approve the vacation plat subject to certain conditions or provisions.

7)   Inactive Projects

Unless a vacation plat has been forwarded to the Planning Commission within six (6) months following the submittal date of the vacation plat, it shall be deemed withdrawn and a new vacation plat must be resubmitted in its entirety unless an extension is granted by the Director of the Development Services Department. Any extension granted by the Development Services Director shall be limited to one (1) three (3) month extension.

No vacation plat shall remain postponed or otherwise inactive in excess of twelve (12) months following a Planning Commission hearing unless an extension is granted by the Director of the Development Services Department. Vacation plats not forwarded to the Board of County Commissioners within twelve (12) months following Planning Commission action (or an extension thereof) shall be deemed withdrawn and a new vacation plat shall have to be submitted in its entirety. Any extension granted by the Development Services Director shall be limited to one (1) three (3) month extension.

h.   Presentation of Vacations

It is a requirement of the Planning Commission and the Minor Subdi-vision Committee, as well as the Board of County Commissioners, that no vacation plat shall be approved, although said plat may be denied, unless either the subdivider or his authorized representative is present at the second regularly scheduled hearing subsequent to appropriate public notice.

i.   Signatures

Upon final approval of the vacation plat by the Board of County Commissioners, the signatures of the Chairman of the Board of County Commissioners and the Development Services Director shall be affixed to the document. No changes, erasures, modifications, or revisions shall be made after approval of the vacation has been given by the Board of County Commissioners. No vacation shall be recorded prior to satisfaction of all requirements and conditions.

j.   Submittal of Filing and Recording Fees

1)   Filing/Processing Fee: See Section 58.

2)   Recording Fee: The subdivider shall pay all recording fees.

2.   ADMINISTRATIVE VACATIONS (As Prescribed in Section 48 E.)

Vacations of interior lot lines and/or vacations of utility/ drainage easements may be accomplished utilizing the following procedure for administrative approval:

a.   Submittal Deadline: None.

b.   Distribution: Determined by the Development Services Department, as applicable.

c.   Notification: Upon receipt of a complete submittal as required within Section 54 (5), the Development Services Department shall send notice of intent to vacate to all adjoining property owners within five (5) working days of receipt of the submittal.

d.   Development Services Department Action: No less than fifteen (15) working days and no more than thirty (30) working days following receipt of a complete submittal, the Development Services Department shall deem the request either approved or disapproved. Upon approval by the Development Services Department, the vacation map and project identification statement shall be recorded in the office of the El Paso County Clerk and Recorder.

Appeal: In the event the Development Services Department denies a request, appeal shall be to the Board of County Commissioners at the next available meeting, following notification of adjoining property owners, notification of those agencies which were previously contacted for comment solicitation and comment preparation.

F.   MINOR SUBDIVISIONS

Minor Subdivisions shall follow procedures appropriate for final plats.

G.   CONDOMINIUMS

l.   Condominiums shall follow procedures appropriate for preliminary plans and final plats.

2.   Condominium conversions shall follow the procedures appropriate for final plats.

3.   In cases in which completion of the final survey may result in inaccuracies from proposed construction, the Development Services Director may allow the subdivider to utilize an administratively approved condominium map procedure. In such cases, the final plat shall designate the maximum number of units and the condominium map shall reflect the actual survey after construction.

H.   TOWNHOMES - Same procedure as Item G (CONDOMINIUMS)

I.   AMENDED PLAT (As prescribed in Section 48 G.)

1.   PREPARATION

The applicant shall cause an amended plat to be prepared as a final plat. Said plat shall be prepared by and have the seal of a land surveyor, registered to practice in the State of Colorado.

2.   ADJOINING PROPERTY OWNERS

Within seven (7) working days following the submission date of the submittal the Development Services Department shall send notice to the adjoining property owners and solicit their comments.

3.   SUBMITTAL DEADLINE

The amended plat shall be filed no later than forty-five (45) days prior to any regular meeting date of the Planning Commission, although Planning Commission action is not necessary on an amended plat.

4.   DISTRIBUTION

Within five (5) working days of the submittal/submittal date, the Development Services Department shall transmit the plat to the applicable review agencies for review and comment.

5.   ACTION OF THE DEVELOPMENT SERVICES DEPARTMENT

The Development Services Department shall review the amended plat to determine if it is consistent with the standards set forth in these regulations and shall investigate the relationship of existing and proposed land uses.

Upon receipt of comments from the reviewing agencies/entities, or at the end of thirty (30) working days following submittal, the Development Services Department shall prepare comments for the next available Board of County Commissioners' meeting following posting and notification. Prior to scheduling, certification of the County Treasurer's Office must be provided noting that all ad valorem taxes applicable to the subdivided land, for years prior to that year in which approval is granted, have been paid.

PUBLIC NOTICE:

a.   Posting: Plain notice, not less than two (2) square feet in size, of the date and place of hearing shall be posted in a conspicuous place on the property site by the Development Services Department at least two (2) weeks prior to the Board of County Commissioners' meeting. The notice shall contain the specific subject matter of the hearing, including the present zone, if any. The location and telephone number of the public office where additional information may be obtained shall also be included on such notice. Such notices shall be changed in the event that the time or place of such hearing is changed.

b.   Notification: The Development Services Department shall notify the adjoining property owners of the Board of County Commissioners' meeting at least two (2) weeks prior to the meeting.

c.   Agenda: The agenda of the Board of County Commissioners' meeting shall be made available to the news media and the public not later than three (3) days prior to the meeting.

6.   ACTION BY THE BOARD OF COUNTY COMMISSIONERS

a.   Resolution for Approval

If the Board of County Commissioners approves the amended plat, said plat shall be deemed to be in conformity with the standards set forth in the Regulations.

b.   Motion for Tabling

If the Board of County Commissioners tables the amended plat, the petitioner may request the Board of County Commissioners to hear the amended plat at its next regularly scheduled meeting unless the plat was tabled until a specific time or completion of certain items associated with the plat.

c.   Resolution for Disapproval

If the Board of County Commissioners elects to disapprove the amended plat, the said plat shall be deemed not to be in conformity with the standards or the intent as set forth in these regulations. Whenever an amended plat has been denied by the Board of County Commissioners said amended plat shall not be considered by the Board of County Commissioners for a period of one (1) year from the Board of County Commissioners' action of disapproval. Provided, however, that if in the opinion of the Development Services Director the amended plat is modified so as to overcome the stated objections, then the Board of County Commissioners may consider said plat within the one (1) year time limitation.

d.   Conditional Approval

The Board of County Commissioners may elect to approve the amended plat subject to certain conditions or provisions.

e.   Inactive Projects

Unless an amended plat has been forwarded to the Board of County Commissioners within six (6) months following the submittal date of the plat, it shall be deemed withdrawn and a new plat must be resubmitted in its entirety unless an extension is granted by the Director of the Development Services Department. Any extension granted by the Development Services Department Director shall be limited to one (1) three (3) month extension.

7.   PRESENTATION OF AMENDED PLAT

It is a requirement of the Board of County Commissioners that no amended plat shall be approved, although said plat may be denied, unless either the applicant or his authorized representative is present at the regularly scheduled hearing subsequent to appropriate public notice.

8.   SIGNATURES

Upon approval of the amended plat by the Board of County Commissioners, the signatures of the Chairman of the Board of County Commissioners and the Development Services Director shall be affixed to the document.

No changes, erasures, modifications, or revisions shall be made after approval of the plat has been given by the Board of County Commissioners. No plat shall be recorded prior to satisfaction of all requirements and conditions.

9.   SUBMITTAL OF FILING AND RECORDING FEES

a.   Required Submittal Items: See Section 54.

b.   Filing/Processing Fee: See Section 58.

c.   Recording Fee: The applicant shall pay all recording fees.

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