The purpose of this Article is to provide for review of the design and layout of individual sites prior to their development, redevelopment, or change in use. This review is necessary to:

(1)

Ensure the development is done in a manner that protects the health, safety and general welfare of the community;

(2)

Ensure the livability of residential neighborhoods, enhance the appearance and viability of commercial areas, improve the compatibility of adjacent land uses and contribute to the overall image and appeal of the City;

(3)

Ensure that public facilities are in place to serve the development; and

(4)

Ensure that new development pays for its proportionate share of the cost of all necessary facility construction and expansion.

(Ord. 746 §2, 2010; Ord. No. 844, § 2, 4-9-2018)

(a)

Site plan review and approval is required for any change in use of a property or structure or before a building permit may be issued by the City for all business, commercial, industrial, multi-family residential, schools, churches and municipal or other public or quasi-public uses, except that:

(1)

This requirement shall not apply to the development or redevelopment of single-family or two-family dwellings;

(2)

This requirement shall not apply to any interior remodeling of a structure; and

(3)

The Community Development Director may waive the requirement for a site plan for additions, modifications in use, or expansions of existing structures if the addition or expansion constitutes an area of less than ten percent (10%) of the total existing gross floor area or ten thousand (10,000) square feet, whichever is less, and such addition, modification in use, or expansion does not impact site access or traffic circulation, alter the basic relationship of the property to adjacent properties, decrease the amount of off-street parking, or decrease setbacks below the minimum required in the underlying zone district. However, such additions or expansions shall still be required to comply with all applicable City standards and regulations prior to the issuance of a building permit.

(b)

Variance requests related to a specific site plan submittal shall be considered by the Planning Commission and City Council as part of the site plan review process, rather than by the Board of Adjustment, unless otherwise determined by the Community Development Director. When determining whether a site design variance should be approved, the Planning Commission and City Council shall consider whether the design requirements of Section 16-573 below have been met.

(c)

Site plans shall only be approved for permanent uses and building; no temporary site plans shall be approved. Temporary buildings and uses are only permitted in accordance with Chapter 18, Article 1 of this Code.

(Ord. 746 §2, 2010; Ord. No. 844, §§ 1, 3, 4-9-2018)

(a)

Sketch plan review. A sketch plan review shall be mandatory for all nonresidential development or redevelopment requiring site plan review pursuant to this Article. A sketch plan review meeting shall be held with the Community Development Director and City Engineer who shall provide initial comments on the proposed site plan and will discuss submittal and permit requirements.

(b)

Applications. Applications for site plan review shall be submitted in accordance with Section 16-576 of this Article. The City Administrator, Community Development Director or designee shall determine if the submitted application is complete. If not complete, the City may reject the application and inform the applicant of the materials or revisions needed to make the application complete.

(c)

Technical review process. Once an application for site plan review has been deemed complete and accepted, the City Administrator, Community Development Director or designee shall refer the plans and written materials to the appropriate City staff and referral agencies for their review. Comments made by staff and review agencies will be sent to the applicant by the City. The applicant is required to make all necessary corrections and modifications to address staff and referral agency comments and resubmit the site plan for technical review.

(d)

Public review process. Upon completion of the technical review process, the City Manager, Community Development Director or designee shall be responsible for scheduling the site plan on a Planning Commission agenda. The Planning Commission shall conduct a public hearing to consider the site plan, after which hearing the Planning Commission shall make a recommendation to the City Council that it approve, approve with conditions or disapprove the site plan. After a recommendation by the Planning Commission, the site plan shall be placed on the next available City Council agenda where the City Council shall conduct a public hearing and shall approve, approve with conditions or modifications or deny the application. In making a determination on the site plan, the Planning Commission and City Council shall consider whether the design requirements of Section 16-573 below have been met. Public notice requirements for the public hearings held on site plans shall meet the requirements of Section 16-14.5 of this Chapter. Within six (6) months of the effective date of the City Council resolution approving a site plan, site plan mylars and an executed subdivision agreement, if required by Section 16-574, must be submitted to the City for recording; the improvement guarantee required by Chapter 17, Article 15 of this Code in connection with the subdivision agreement must be provided to the City; and any water dedication requirement shall be satisfied. If all requirements set forth in this Subsection are not timely met, a public hearing will be scheduled before the City Council, at which hearing the City Council will reconsider its approval of the site plan. Written notice of such hearing shall be provided to the applicant and published as required by this Code. No extension of the time period set forth in this Subsection (d) may be granted except by resolution adopted by the City Council.

(e)

Recording. The approved site plan, along with any supporting documents as determined by the City, shall be recorded with the Weld County Clerk and Recorder by the City at the applicant's expense.

(Ord. 746 §2, 2010; Ord. No. 844, § 1, 4-9-2018; Ord. 937, §19, 2023; Ord. 976 §3, 2025)

The following design requirements shall be considered in the evaluation of a site plan:

(1)

Conformance with all applicable provisions of the underlying City zone district requirements in which the site is located and consistency with the intent of this Chapter.

(2)

Conformance with all applicable provisions of all related development plans, such as approved subdivision plats and/or PUD plans.

(3)

For a site plan for property upon which is located an existing oil and gas facility, as defined in Section 16-521, conformance with the access, fencing and screening requirements set forth in Section 17-96 of this Code.

(4)

Conformance with all applicable provisions of the City's adopted baseline standards, adopted architectural design standards, and landscaping, parking, and open space requirements.

(5)

Conformance with all applicable City standards and specifications for the design and construction of public improvements, both on- and off-site.

(6)

Compatibility with surrounding existing and proposed uses and any adverse impacts on the surrounding land uses and neighborhoods. The site plan application and related materials must demonstrate the proposed site plan will result in the least possible detrimental impact to the site and surrounding areas and will be designed so as not to cause substantial depreciation of property values or reduce the safety, light, or general convenience of neighboring developments.

(7)

Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties.

(8)

Site design characteristics. All elements of site design shall be harmoniously and efficiently organized in relation to topography, the size and type of the lot, the character of adjoining property, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this Code. The site shall be designed to conform to all provisions of this Code. Redevelopment of existing sites shall be brought into conformance with all site improvement provisions of this Code relative to and proportionate to the extent of redevelopment, as determined by the Planning Commission and City Council.

(9)

Conformance with state, federal and/or local environmental standards, including but not limited to air quality, water quality, glare and heat, noise, vibration, odors, hazardous materials, storage and disposal of waste, electromagnetic interference and radiation.

(10)

Adequate facilities will be provided for pedestrians, bicyclists and motorists.

(11)

Conservation of energy, water and other resources is optimized on a site-specific scale.

(12)

Any common areas serving the site are identified, and adequate provisions are made for the ownership and maintenance of such areas.

(13)

The proposal justifies any proposed deviations from this Code in terms of the overall quality of the plan.

(14)

Density. If the density is different from those of adjacent properties, specific steps are to be taken to achieve compatibility. For multi-family residential site plans abutting residential zones of lower density, the development shall provide for transitions in density and building height to protect the character of the lower-density residential areas.

(15)

Control of nuisance impacts. The proposed development controls nuisance impacts on itself and surrounding land uses including heat and glare, traffic congestion, noise, arrangement of signs and lighting, features to prevent littering and accumulation of trash, the amount and quality of storm drainage, the provision of adequate light and air, compatible screening of rooftop mechanical units, and other factors deemed to affect public health, safety and general welfare.

(16)

Ingress to and egress from property and internal circulation including access of service and emergency vehicles and design of off-street parking and loading areas.

(17)

Recreation and open space with attention to the location, size and development of the areas with regard to their usability, adequacy, and their relationship to community-wide open spaces and recreation facilities (for multi-family residential developments).

(18)

Adequacy and convenience of off-street parking and loading facilities.

(19)

Traffic impact. The expected volume of traffic to be generated by the proposed use shall not adversely impact existing roads and the circulation thereon. Driveways shall be located to minimize conflict with traffic operations on the adjoining road. The number of driveways shall be the minimum needed to provide reasonable access to the site.

(Ord. 746 §2, 2010; Ord. No. 861, § 3, 12-10-2018); Ord. 867 §3, 2019)

A subdivision agreement shall be required for all site plans that have related public improvements, drainage improvements and/or landscaping to install and/or complete. If a subdivision agreement is required, an estimate of probable construction costs, including all proposed public improvements, drainage improvements and landscaping improvements, shall be provided by the applicant for approval by the City Engineer and Community Development Director. An improvement guarantee shall be provided in favor of the City pursuant to the requirements set forth in Article 15 of Chapter 17 of this Code.

(Ord. 746 §2, 2010; Ord. No. 844, § 1, 4-9-2018)

Approval of a site plan pursuant to this Article may constitute approval of a site-specific development plan in accordance with the provisions of Article 12 of Chapter 17 of this Code.

(Ord. 746 §2, 2010)

The following information is required for a site plan submittal, unless expressly waived by the Community Development Director:

(1)

A land use application form, application fees and a funds deposit. The applicant shall enter into a cost agreement and funds deposit agreement with the City, providing the applicant shall pay for all legal, engineering, planning and other professional or consultant fees and all other costs incurred by the City related to the application.

(2)

Proposed site plan drawn to scale, containing the following information:

a.

Name of site and/or project.

b.

Legal description of site.

c.

Name, address and telephone numbers of developer, engineer, surveyor and owners.

d.

Date of preparation, scale and true north arrow. The scale used shall result in a legible plan, preferably on a 24" x 36" page size.

e.

Total acreage, existing zoning, proposed zoning if rezoning is required, existing and/or proposed net residential density, required and proposed usable open space and location of all environmentally sensitive areas, such as wetlands and wildlife habitats.

f.

Location and dimensions of all existing streets, alleys, sidewalks, oil and gas facilities and pipelines, easements and watercourses within and adjacent to the subdivision and the names of all such streets.

g.

Location and dimensions of all proposed streets, alleys, easements, lot lines and other areas to be reserved or dedicated for parks, schools or other public places, and the names of all proposed streets.

h.

Designation of areas subject to flooding, including floodplain, floodway and base flood elevations. In cases of non-FEMA mapped waterways, show one-hundred-year water surface elevation.

i.

Proposed sites for multi-family, commercial, industrial, open space and other public or nonpublic sites, and a listing of all specific uses being proposed.

j.

Number, size and location of all parking spaces, including loading and spaces designated for the handicapped.

k.

Location, floor area, uses, height and setbacks for all existing and proposed buildings and structures.

1.

Location, size, height and materials for all signage.

m.

Location and type of lighting sources, including a photometric plan.

n.

Vicinity map showing zone districts, traffic circulation system, major public facilities and location of existing municipal boundaries within one (1) mile of the site.

o.

Signature blocks for all owners, utility providers, surveyors and engineers, the Planning Commission and the City Council.

(3)

Rezoning application, if applicable.

(4)

List of all requested variances and/or waivers, together with related justification.

(5)

Narrative describing conformance with the City's adopted Baseline Standards and parking and open space requirements.

(6)

Wetlands delineation report and/or a wildlife biologist's report to identify wildlife habitat or threatened or endangered species, and how impacts on such areas or species may be minimized or mitigated.

(7)

Geologic and mining hazard report.

(8)

Traffic impact analysis.

(9)

Drainage report and plan.

(10)

Grading plan that conforms with the Standards and Specifications for the Design and Construction of Public Improvements.

(11)

Architectural elevations that convey the architectural intent of all proposed buildings and structures, including:

a.

Overall exterior dimensions;

b.

Materials;

c.

Color scheme;

d.

Signs; and

e.

All faces of the structure, clearly labeled.

(12)

Landscape plan drawn to scale, containing location, size and species of all proposed plant materials; location, size and treatment of all ground surfaces; location and disposition of all existing trees; details of proposed perimeter treatment, including landscaping materials, type and extent of irrigation; and fencing, walls, berms and/or a combination thereof. One (1) sheet shall include the locations of proposed underground utility and drainage facilities.

(13)

Utility plan showing the location of all existing and proposed utilities and water service calculations.

(14)

Construction drawings in accordance with the Standards and Specifications for the Design and Construction of Public Improvements.

(15)

Read-only Autocad file.

(16)

Certification of compliance with Section 24-65.5-103, C.R.S., which requires notification to all mineral estate owners at least thirty (30) days prior to the initial public hearing on the application.

(17)

A development schedule for improvements, setting forth timing for construction of the development.

(18)

Title commitment or title policy, issued no more than thirty (30) days prior to the date of the application.

(19)

Any other information the Community Development Director deems reasonably necessary for a full and complete review by the City.

(Ord. 746 §2, 2010; Ord. No. 844, § 1, 4-9-2018)

(a)

Provided that the time limit established by the development schedule submitted by the applicant pursuant to Paragraph 16-576(17) has not passed, the appropriate officials shall issue building permits for buildings and structures in an area covered by a recorded site plan if such proposed buildings and structures are in conformity with the approved site plan and all other applicable statutes, ordinances and regulations.

(b)

On and after the effective date of the ordinance codified herein, site plans approved by the City Council shall note the date by which construction of the improvements approved in the site plan must be commenced or the site plan approval will lapse. If approval of the site plan has lapsed, no building permits or certificates of occupancy shall be issued until after the City Council has reviewed the site plan and the development schedule has been extended or a new development schedule established.

(Ord. 746 §2, 2010)

(a)

No changes may be made in an approved site plan unless a site plan amendment is approved by the City. An amendment to a site plan shall follow the same procedures set forth herein for initial approval, except the Community Development Director may authorize minor changes in the overall plan that do not:

(1)

Alter the basic relationship of the proposed development to adjacent properties;

(2)

Change the uses permitted;

(3)

Increase the maximum density, floor area ratio or height;

(4)

Decrease the amount of required off-street parking;

(5)

Decrease setbacks, unless the setbacks after amendment would still meet the minimum requirements of the underlying zone district;

(6)

Reduce the minimum yards required at the boundary of the site.

(7)

Replace plant material specified in the landscape plan with materials of smaller size; or

(8)

Change or alter building elevations or building materials to those deemed by the Community Development Director to be of lower quality.

(b)

Any administrative amendment granted pursuant to this Section shall be transmitted to the Planning Commission and City Council for their information by written memorandum from the Community Development Director. An applicant may appeal the decision of the Community Development Director to the Planning Commission.

(c)

Approved amendments to a site plan shall be recorded with the Weld County Clerk and Recorder by the City at the applicant's expense.

(Ord. 746 §2, 2010; Ord. No. 844, § 1, 4-9-2018; Ord. 867 §4, 2019)