The intent of this Chapter is to provide the framework to evaluate land development applications.

A.

[Eligible applicants.] The following applicants are eligible to apply for land development under this Title:

1.

Owner. The property owner of record for the subject property of the application or that owner's agent authorized by written permission of the owner.

2.

Planning Commission. The Planning Commission, acting on its own initiative or through recommendations brought to it by City staff, and according to its rules of procedure.

3.

City Council. The City Council acting on its own initiative or through recommendations brought by City staff or the Planning Commission, and according to its rules of procedure.

B.

[Table 18-3-1.] Table 18-3-1 identifies the procedural steps required for specific land development application types. Subsequent sections in this Chapter further clarify the procedures. The following defines terms and symbols in the table.

1.

"■" means required.

2.

"□" means at the option of the Director.

3.

"R" means recommending authority.

4.

"D" means decision making authority.

5.

"PH" means public hearing required.

6.

"AC" means acceptance of public improvements.

7.

"Appeal" means the appellate authority for an appeal of a decision.

8.

"Pre-app" means pre-application meeting, addressed in Subsection C.

9.

"SPO Meeting" means a neighborhood meeting with surrounding property owners prior to submittal of an application, addressed in Subsection D.

10.

"Ref" means external referral review, addressed in Subsection K.

11.

Notice, including "post," "publish," and "mail" are addressed in Subsection N.

12.

"ZBA" means Zoning Board of Appeals.

13.

"PC" means Planning Commission.

14.

"CC" means City Council.

C.

Pre-application meeting. Pre-application meetings may be requested by a potential applicant for any application and shall be required as indicated in Table 18-3-1. A required pre-application meeting may be waived at the Director's discretion and upon the applicant's request for routine applications where the topics below can be addressed by general correspondence. The applicant shall submit schematic plans, existing conditions analysis, or other concepts and analysis in writing prior to the pre-application meeting to facilitate discussion on the following topics:

1.

How the proposed project meets the goals of the Master Plan, or other specific plans or policies that may impact the application.

2.

The applicant's vision and understanding of the market for the proposed project.

3.

The proposed uses, general site layout, and conceptual or anticipated design of buildings, including how the project relates to surrounding sites and public spaces.

4.

How the project will fit in and contribute to the area and further the intent of the existing or proposed zoning district.

5.

Planning and infrastructure impacts, including timing, phasing, or the need for any technical studies or outside agency coordination and review.

6.

Development review processes and review criteria, and in particular whether any special public information and outreach or specific agency or department reviews are necessary.

7.

Opportunities to improve designs or coordinate the preliminary concepts with other private or public investments in the area.

8.

Determination.

D.

Neighborhood meeting. A neighborhood meeting may be required prior to the formal public meeting as indicated in Table 18-3-1.

1.

Director option. At the pre-application meeting or in association with the review of an application, the Director may require a neighborhood meeting for any project that requires formal review beyond staff, and where:

a.

The nature of the project is complex or presents potential for significant changes and unanticipated impacts on property in the vicinity;

b.

The intensity of the proposed use or development is likely to present questions and concerns for adjacent property owners, beyond what may typically be allowed in the zoning district; or

c.

The required notice or any courtesy notice sent to property owners generates significant questions or concerns.

2.

Meeting format. Neighborhood meetings shall meet the following:

a.

The meeting shall be held at a convenient and accessible public meeting facility within the general vicinity of the project, such as a school or community recreation center.

b.

The applicant is responsible for all content of the meeting, which at a minimum shall include:

1)

The general nature and scope of the proposed project;

2)

A summary of the proposed land use, including planned and potential future uses associated with the application;

3)

The most recent plans and submittals available for the project, depicting the scale, location and design of any buildings and the relation of all site improvements to the streets and adjacent property; and

4)

Identification and explanation of the subsequent formal review steps with the City, noting that official and formal review by the City may result in changes from the initial concepts.

c.

The applicant shall prepare minutes of the meeting including evidence of the notice, attendance, a copy of any presentation materials, a summary of the discussion and issues, and any outcomes or changes from the meeting. These minutes shall supplement the formal application.

E.

Forms. Applications required under this Title shall be submitted to the Community Development Department in the form and format specified by the Department. The Director is authorized to establish submittal requirements and procedures in order to ensure all applications can be evaluated for conformance with this Code. The Director may waive the requirement for specific information at the time of application, due to the routine nature of the application or due to the context of a particular application making the information inapplicable for review against the standards and criteria of this Title.

1.

Responsibility for complete and proper application submittal shall be that of the applicant. Failure to do so will result in rejecting, delay or denial of the application.

2.

If any part of an application is found to be intentionally misleading, intentionally inaccurate, or fraudulent, the application shall be rejected, and any subsequent approval may be revoked.

F.

Fees. Applications shall be accompanied by a non-refundable fee. The amount of the fees charged shall be established by resolution of the City Council filed in the office of the City Clerk. No application shall be accepted or processed without the required fee, except applications initiated by the City. The City will bill developers for any and all costs of professional or consulting services which the City incurs as a result of a developer or their project. Professional or consulting services include but are not limited to legal, engineering, financial advisor, geological hydrological, surveying, or planning services. The applicant shall pay the City the actual costs of these professional or consulting services plus fifteen percent (15%) to cover administrative costs.

1.

The City will send the applicant a statement for the actual and administrative costs incurred by the City pursuant to Subsection (2) above. The applicant shall pay the City the amount due on the statement within fifteen (15) days of the date of the issuance of such statement. In the event the applicant fails to pay the amount due on the statement within the time period specified above, the City shall immediately stop the review process for the proposed development. The application will be deemed withdrawn if the statement is not paid in full within thirty (30) days of the date of the issuance of the statement. If the City anticipates incurring substantial expenses in connection with an application, the City may require the applicant to provide and maintain an advance deposit with the City in an amount reasonably determined by the Director.

2.

Additionally, the City possesses the right to initiate an enforcement action against the applicant for nonpayment of such fees. In the event such collection action is determined in favor of the City, the City shall be awarded its attorneys' fees and court costs in addition to the unpaid fees as part of any judgment.

3.

The payment of fees and costs of professional and consulting services under this Section shall be due and payable as set forth within this Section, regardless of whether the project is completed, approved and/or regardless of whether the owner or developer chooses to complete the land review process under this Title.

4.

The applicant shall pay any impact fees as established by City ordinances or resolution in effect at the time the development application is approved by City Council. The impact fees shall be paid at the time specified by such ordinance or resolution; or in any event, prior to issuance of the first building permit.

G.

Technical studies. The Director, on behalf of any public official, department, or agency, the Planning Commission, or the City Council, may require applicants to submit technical studies necessary to evaluate the application. Technical review by outside entities with expertise or jurisdiction over details of the application may be required in place of, in addition to, or in association with any studies. Examples of technical studies that may be required include traffic studies, engineering studies, geologic or hydrologic studies, environmental impact assessments, noise studies, market studies, or fiscal and economic impact studies. The persons or firms preparing the studies shall be subject to the approval of the Director. The costs of all studies shall be borne by the applicant. Any application that is determined to require technical studies or review from entities outside of the City may require special schedules based on the reasonable time frames to conduct those studies or additional reviews.

H.

Concurrent applications.

1.

Concurrent applications. A project may require approval under more than one type of application.

2.

The Director may determine that each application may run concurrently based on the following:

a.

The similarity of information required for each type of application, or where they require different information, the ability to coordinate information, review criteria and decisions under each application.

b.

The similarity of notice, review meetings and review bodies required for each application.

c.

The ability of the staff and review bodies to make effective decisions when reviewing the applications concurrently.

3.

In cases where the Director determines applications may run concurrently, the application shall be processed through the most comprehensive required review, and lessor incorporated approvals may be conditioned on final outcomes of the last of the related decisions.

I.

Application acceptance. City staff shall create applications requiring items that are necessary to adequately address the review criteria and notice requirements for each application type. Upon receipt of an application, the staff shall take the following steps:

1.

The Planner shall have fourteen (14) days to determine if all required applications items have been submitted and in the correct format.

2.

If an application is determined incomplete, the Planner shall notify the applicant of the specific deficiencies. No further processing of the application shall occur until the deficiencies are corrected.

3.

If an application is complete, it shall be processed for formal review and fees collected.

J.

Referrals. The following agencies may be required to review and comment on applications. The Planner may determine if other referral agencies may be affected by the project, based on the application, and has discretion to add any other relevant or applicable agency to the list. If no response is received from a referral agency by the end of the twenty-one-day (21-day) referral period, it will be assumed there are no concerns. A referral agency may request an extension not to exceed twenty-one (21) additional days from the Director.

1.

Adjacent or other local governments;

2.

Colorado Department of Transportation;

3.

Colorado Division of Water Resources (Office of the State Engineer),

4.

Colorado Parks and Wildlife;

5.

Colorado Geologic Survey;

6.

Gas and electric utilities;

7.

Telecommunications and cable providers;

8.

Public safety agencies (police, fire, EMS, health);

9.

Respective school district(s) in which the subject property is located;

10.

Water and sewer utilities;

11.

Ditch companies;

12.

Special districts; and

13.

Other relevant local, state, or federal government agencies.

K.

Review and staff comments. The Director shall coordinate a staff review after receipt of a complete application.

1.

Staff shall provide written comments or recommended changes based on the results of any referral agency comments, neighborhood meetings, or staff review within sixty (60) days of receiving payment for a complete application or such additional time as staff deems necessary. The applicant may be asked to submit supplemental information necessary to support the application or to address any comments or recommended changes.

2.

If the applicant chooses not to address any particular comment or recommended change, a written statement shall be included with the resubmittal that demonstrates a good faith effort to address the issue and justify why the comment was not addressed. The applicant may then request to schedule the application for consideration by the decision-making body.

3.

Scheduling. Applications that have completed staff review, and for which the applicant has addressed comments or recommended changes, shall be scheduled for further review according to these regulations.

4.

Staff report. Staff shall prepare a report for applications that require review and decisions by other review bodies. The report shall identify the policies, plans, regulations, and review criteria, and identify relevant facts of the application. The Director shall provide the report to the reviewing body and to the applicant in association with the public meeting agendas and packets.

L.

Resubmittals.

a.

Six (6) months will be granted to applicants to resubmit applications determined to be in need of revision.

b.

If an applicant requires more time to revise the application, an extension shall be requested and an extension fee shall be paid. The Director may approve an extension not to exceed an additional six (6) months for a total period not to exceed twelve (12) months upon a finding of excusable neglect.

c.

Any application in need of revision that remains inactive for more than six (6) months from the date the revision was requested, and for which no extension is requested, shall be void and any related fees are forfeited.

M.

Notice. Notice shall be provided for each application as indicated in Table 18-3-1. Consistent with the provisions in Table 18-3-1, and in addition to the general publication of meeting agendas, required notice may include the following:

1.

Published. Where published notice is required, the City shall post the notice on the public notice portion of the City's website as the official newspaper of general circulation at least fourteen (14) days prior to the meeting or hearing. The notice shall include:

a.

A general description of the subject property by reference to streets and address;

b.

The zoning classification, specific use or action requested;

c.

The date, time, and place of the public meeting; and

d.

A statement that additional information about the request is available at the Community Development Department or other links to relevant information.

2.

Posted. Where posted notice is required, notice shall be posted on the property or near the proposed site, visible to surrounding properties and the general public from adjacent public ways, according to the following:

a.

The City shall supply the sign(s), which shall include:

1)

"Land Use Proposal Under Review;"

2)

Case number;

3)

Phone number; and

4)

Website.

b.

One (1) sign facing the most prominent public street is required. The Director may require additional signs and specific locations of signs based on the context of the property.

c.

The applicant shall ensure that all signs are posted at least fourteen (14) days prior to the first public hearing or meeting.

d.

The applicant shall make a good faith effort to maintain posted notice throughout the proceedings.

3.

Mailed. When mailed notice is required, a courtesy letter shall be sent to all record landowners within five hundred (500) feet of the property.

a.

The city shall supply the list of owners, and the applicant is responsible for mailing notice.

b.

The notice shall be mailed at least fourteen (14) days prior to the public meeting.

c.

Mailed notice shall state the following:

1)

A general description of the subject property by reference to streets and address.

2)

The zoning classification, specific use or action requested, and a general description of the project.

3)

A legal description or abbreviated legal description of the property.

4)

A statement that additional information about the application is available at the Community Development Department.

5)

If a public meeting is required, the date, time and place of the public meeting; whether the meeting is a public hearing where participants will have a right to speak, present testimony or evidence, and establish a record for the decision; or if it is a public meeting without that right.

4.

Failure of notice. Any failure of published, posted or mailed notice shall not invalidate any subsequent process or decision, in the Director's discretion. In making this decision, the Director shall consider whether:

a.

Good faith efforts were made to comply with notice, and the failure of notice was beyond the applicant's control;

b.

Technical errors in the notice were made, but constructive and actual notice was available to all interested parties; or

c.

The failure of notice is not otherwise instrumental to the proceedings, criteria, or record established for the decision.

5.

Surface development notice. Where mailed notice is required by state statutes for any project related to mineral estate owners identified on the county tax assessor records or who have filed in the office of the Weld County Clerk and Recorder a request for notification, the applicant shall be responsible for notice. The applicant shall certify that notice has been provided as required by this Title and Colorado law prior to a public hearing.

N.

Public hearings. Where public hearings are required by Table 18-3-1, the following procedures apply:

1.

The hearing shall be conducted and a record of the proceedings shall be preserved.

2.

Any interested person or party may appear and be heard in person or by agent.

3.

The review body may request testimony or a report on the application from any government official or agency, or any other person with information pertinent to the application.

4.

A public hearing for which proper notice was given may be continued to a later date without again requiring notice, provided the specific date, time, and place of the continued hearing is announced at the original hearing.

5.

If the review body is a recommending body, the recommendation shall be forwarded to the decision-making body.

6.

A review body is authorized to establish meeting procedures and bylaws, or otherwise state rules regarding specific conduct and management of public hearings, within the parameters of these regulations.

O.

Action by review bodies. Review bodies shall take the actions indicated in Table 18-3-1.

1.

A review body may take any action on the application consistent with notice given and based on the criteria in this chapter, or it may recommend such action when the review body is a recommending body, including the following:

a.

Approve the application.

b.

Approve the application with conditions or modifications that make it more consistent with the standards and review criteria. Conditions shall include a deadline for completion not to exceed six (6) months.

c.

Deny the application, making specific findings or stating criteria for the denial.

d.

Continue the application to allow further analysis. The continuation period shall not be more than sixty (60) days from the original review without the consent of the applicant. No application shall be continued more than once by each review body without consent of the applicant.

2.

Determination.

a.

Any approval of an application for which a grading permit or building permit has not been issued or for which the special use has not commenced within six (6) months after approval of the site plan or special use shall be null and void. All variance approvals not exercised within six (6) months from the date of approval shall become null and void. An extension of time of up to ninety (90) days may be granted by the Director for good cause. Any denial of the extension may be appealed to the Planning Commission. If denied, the applicant may resubmit a new application and fees for the same project.

b.

Upon denial of any land use application, the same or similar application, as determined by the Director, may not be resubmitted for a period of six (6) months commencing from the date of denial. The determination of the Director may be appealed to the City Council in writing within ten (10) working days of the Director's decision.

P.

Plat or plan recording.

1.

In addition to the recording of resolutions and ordinances associated with land development cases, the City Clerk shall record the associated approved plat or plan with the Weld County Clerk and Recorder within sixty (60) days. The Director may grant an extension of this period for up to ninety (90) days in order to complete any agreement, or otherwise address the timing and implementation of improvements. Any minor plat not recorded within this time shall expire.

2.

Recording is required for minor plats, final subdivision plats, rezoning plats, annexation plats, and site plans.

Q.

Plat correction. The Director may approve a survey or other legal instrument to correct an error in the legal description or other element of an approved plat; to dedicate, vacate, or alter easements; or to confirm legal boundaries of lots in an approved plat that could only be determined post-construction, such as for duplexes or row houses where the units and lots are individually owned without following the procedures described in Section 18.03.010 or 18.03.020. The correction shall be recorded with the Weld County Clerk and Recorder.

R.

Appeals. The following appeal procedures apply:

1.

Appeals shall be filed with the City Clerk within ten days of the decision by the decision-making review body.

a.

Appeals shall identify the exact provisions in dispute, and must set forth particular facts or law explaining how the decision maker exceeded its jurisdiction or abused its discretion in reaching a conclusion that is not reasonably supported by the facts or which failed to apply applicable review criteria.

2.

Appeals may be filed by:

a.

The applicant;

b.

Any person who is entitled to mailed notice; or

c.

Any director of a city department or referral agency that provided comments on an application.

3.

Appellate procedure.

a.

Table 18-3-1 designates the appellate body for review of decisions made by the Director.

b.

Where no further appeal is designated in Table 18-3-1, the decision shall be final and only appealed as authorized by state law.

c.

When applicable under Table 18-3-1, the appellate body shall consider the appeal within a reasonable time, considering the next available meeting and the nature of the appeal. The appeal shall be based on the established record, and give deference to the previous review body or city official; however, the appellate body may take any action authorized by the decision-making body under this Title if it determines that a clear error was made. The procedure and required notice for an appeal shall be the same as required of the original application.

S.

Application after denial. When the review body takes final action to deny an application, the same or a similar application may not be refiled for one (1) year from date of denial, except as allowed under this section. The Director may permit a refiling of the application sooner than one year when it is determined that significant physical, economic, or land use changes have taken place within the immediate vicinity, or where a significant text amendment to this Title has been adopted that may affect the outcome. There shall be no time limitation on an application that the Director determines is substantially different from a previously denied application, considering the proposed use, scale or intensity of development, and potential impacts on adjacent property.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability. Minor plats are routine applications that establish or alter legal boundaries of lots or tracts, but do not significantly alter development patterns or impact public improvements and facilities. Minor plat applications may be initiated by the property owner.

1.

Eligibility. The following must be true in order to apply for a minor plat. Any application not classified as a minor plat or not meeting these criteria shall be processed as a major subdivision with a preliminary and final plat.

a.

No new streets or other public land dedication is needed. If additional right-of-way for existing streets is included with a minor plat, acceptance of the dedication by City Council is required.

b.

No significant increase in service requirements (utilities, schools, traffic control, streets, etc.) or impact on the ability to maintain existing service levels will result.

c.

No other significant issues exist with potential development enabled by the plat that could impact planning policies in the area or adjacent property owners.

2.

The following actions may be processed as minor plats:

a.

Minor subdivision. The division of unplatted land or the replat of previously platted lots or tracts into ten (10) or fewer lots for residential purposes; or six (6) or fewer lots for any non-residential purposes, or the division of land where all resulting lots or tracts are more than thirty-five (35) acres.

b.

Lot line adjustment. The alteration of internal legal boundaries for up to ten (10) previously platted lots or unplatted parcels.

c.

Lot consolidation. The consolidation of previously platted lots or parcels into fewer lots.

d.

Condominium plat. The division of a building on an existing, legally platted lot into individual air space ownership units, relative to commonly owned elements and common area covenants and agreements.

B.

Review criteria. A minor plat may be approved by the Director if the Director determines that all of the following are met.

1.

The minor plat conforms to the subdivision design standards in Chapter 18.04 of this Title.

2.

The subdivision conforms to the applicable residential or nonresidential development standards in Chapters 18.05 and 18.06 of this Title.

3.

The subdivision design coordinates with existing adjacent development.

4.

The subdivision conforms to future development plans in the Master Plan and any other applicable municipal planning documents.

5.

The lot pattern is compatible with any previously approved preliminary plan or final plat for the subject property.

6.

The subdivision design meets the requirements of applicable zone district standards.

7.

The applicant demonstrates a preliminary likelihood of being able to meet the design, construction, performance, and maintenance requirements for all required improvements.

8.

The subdivision is arranged in a manner to minimize impacts on geologic hazards, environmentally sensitive areas, wildlife habitat, or other natural features of the land.

9.

Any impacts identified by specific studies or technical reports, including a review of storm water, are mitigated with generally accepted and sound planning, engineering, and urban design solutions that reflect long-term solutions and sound fiscal investments.

10.

All required improvements, water rights, dedications, fees, financial guarantees, and maintenance guarantees are provided.

11.

A condominium plat shall meet the following additional criteria:

a.

Consistent with an approved plat demonstrating legal ownership of the lot and any common areas by a single entity.

b.

Consistent with a site plan depicting the building to be subdivided into individual units.

c.

Documentation that assigns responsibility and demonstrates capacity to maintain all common ownership elements.

d.

Covenants, declarations or party wall agreements or other restrictions to be recorded establish rights and responsibilities for owners of individual units, and designation of all general and limited common elements.

e.

The site and building comply with all aspects of this Title, other than the proposal to divide individual airspace units for common ownership.

C.

Review procedures. In addition to the general requirements in Table 18-3-1 and Section 18.03.010, the requirements in this subsection apply to minor plat applications:

1.

If the Director determines at any point in the process that the application is not eligible for a minor plat, the Director may deny the application or allow the applicant to reclassify as a major subdivision, requiring additional information and fees.

2.

If a minor plat includes additions to existing right-of-way, the minor plat shall be placed on the consent agenda for the City Council to accept the dedication.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability. Major subdivisions apply to all land divisions or other alterations of legal boundaries of lots or tracts that are ineligible for minor subdivision processes in Section 18.03.020. Major subdivision applications may be initiated by the property owner. Major subdivisions require comprehensive review through separate preliminary and final plat procedures, due to the complexity of coordinating planning, design and engineering requirements. In accordance with Section 18.03.010.B, the Planner may determine at a pre-application conference that a preliminary plan and final plat may be submitted concurrently, where the application is small or routine.

B.

Preliminary plan. The preliminary plan provides detailed planning review of development patterns, street networks, block and lot layout, and the ability to meet public facility and utility requirements for future development, prior to preparation of detailed construction and engineering plans. A preliminary plan shall be processed according to the following specific procedures.

1.

Review criteria. A preliminary plan shall be reviewed according to the following criteria:

a.

The subdivision conforms to the subdivision design standards in Chapter 18.04 of this Title.

b.

The subdivision conforms to the applicable residential or nonresidential development standards in Chapters 18.05 and 18.06 of this Title.

c.

The subdivision design coordinates with existing adjacent development.

d.

The subdivision conforms to future development plans in the Master Plan and any other applicable municipal planning documents.

e.

The subdivision design meets the requirements of applicable zone district standards.

f.

The applicant demonstrates a preliminary likelihood of being able to meet the design, construction, performance, and maintenance requirements for all required improvements.

g.

The subdivision is arranged in a manner to minimize impacts on geologic hazards, environmentally sensitive areas, wildlife habitat, or other natural features of the land.

h.

Any impacts identified by specific studies or technical reports, including a review of storm water, are mitigated with generally accepted and sound planning, engineering, and urban design solutions that reflect long-term solutions and sound fiscal investments.

i.

Any phasing is clearly indicated and demonstrates a logical and coordinated approach to development, and the timing, location, and construction of amenities is consistent throughout phases.

2.

Effect of decision. The approval of the preliminary plan does not constitute an acceptance of the subdivision but authorizes preparation of the final plat.

3.

Term of expiration. The approval of the preliminary plan shall be effective for three (3) years, except that any complete submittal of final plat for any phases indicated on a preliminary plan shall stall the three-year period, and approval of the final plat shall extend the expiration deadline for three years for the remaining portions of the preliminary plan. The Director may grant up to two extensions of this period for up to six months each if the applicant demonstrates substantial progress towards the design and engineering requirements necessary to submit a final plat. Any such extension shall be requested by the applicant in writing prior to the expiration of the preliminary plan.

C.

Final plat. A final plat requires review and refinement of the preliminary plan, review and coordination of construction documents, and review and dedication of easements, rights-of-way and public lands prior to recording subdivisions and authorizing the sale of lots to different owners. After approval of the preliminary plan, the applicant may submit a final plat for all or for portions of the preliminary plan area subject to a phasing plan approved with the preliminary plan. A final plat shall be processed according to the following specific procedures.

1.

Review criteria. A final plat shall be reviewed according to the following criteria, as well as all criteria applicable to the preliminary plan review:

a.

The layout and design of the final plat conforms with the approved preliminary plan. Deviations in the final plat from the approved preliminary plan may be approved if:

1)

Any aspect of the project different from the approved preliminary plan complies with all applicable zoning standards, subdivision design standards, and meets the intent and design objectives of those standards.

2)

The change does not increase the impact of any development on required improvements beyond the capacity for required improvements established in the preliminary plan;

3)

The change does not violate any condition associated with the approval of the preliminary plan;

4)

If technical studies were required with the preliminary plan, the author of the study shall submit an amendment noting that the change does not impact any findings of the study; and

5)

The number of lots, dwelling units, buildings, or sizes of blocks and open spaces does not change by more than ten percent (10%).

b.

All required improvements, water rights, dedications, fees, financial guarantees, and maintenance guarantees are provided.

c.

The phasing and timing of public improvements ensures construction and performance guarantees. Any phasing that meets an approved preliminary plan is presumed acceptable. Any deviations of the final plats from an approved phasing plan may be approved provided it does not alter the timing or coordination of required improvements or amenities for the proposed final plat or any previously approved final plats.

2.

Review procedure. In addition to the general requirements in Table 18-3-1 and Section 18.03.010, the requirements in this section apply to final plat applications:

a.

The applicant shall identify all improvements to be constructed, either according to the required improvements listed this Code or by a specific agreement for the project for planned unit developments. The applicant shall submit final plans and specifications for these improvements, and ensure construction of these improvements of financial guarantees as provided in Chapter 18.04 of this Title.

b.

Any final plat approved by the Director which includes dedication of rights-of-way, public lands or other public improvements, shall be placed on the consent agenda for the City Council to accept the dedication.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability. The rezoning process provides review of changes to the boundary of zoning districts that may be necessary to implement the Master Plan, to account for changed conditions in the general area, or to reflect a change in policies with respect to future development. Application for a rezoning may be filed by the property owner, the City Council, or the Planning Commission, or by City Staff.

B.

Review criteria. Review, recommendations and decisions for a proposed rezoning shall be based on the following criteria:

1.

The proposal is in accordance with the goals and objectives of the Master Plan and any other plan, policy or guidance adopted pursuant to that plan.

2.

The uses allowed in the proposed zone district will be compatible with the surrounding land uses.

3.

The City or other agencies have the ability to provide services or facilities that may be necessary for anticipated uses in the proposed zone district.

4.

The rezoning will serve a community need, provide an amenity or accommodate development that is not possible under the current zoning.

C.

Review procedure. In addition to the general requirements in Table 18-3-1 and Section 18.03.010, the requirements in this subsection apply to rezoning applications:

1.

The City Council decision is effective immediately, rather than the date the rezoning plat is recorded.

2.

City staff shall make the change to the digital official zoning map.

3.

The zoning shall remain in effect unless changed by the City Council according to the procedures specified in these regulations.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability. Review of a site plan ensures that development complies with the standards of this Title, including compatible arrangement of buildings, access, lighting, and landscape. A site plan review is required for all new development and modification to an established site that includes modification of access to the site or expansion of the building footprint by twenty-five percent (25%) or more. If a site plan review is required, no grading or building permit shall be released nor any building or other site improvement commence until the site plan has been approved.

B.

Review criteria. In general, any site plan in compliance with all applicable standards of this Title shall be approved. In making a determination of compliance with the standards applied to particular site, or exercising any discretion under the standards, a site plan shall be reviewed according to the following criteria:

1.

Generally.

a.

The plan meets all applicable standards criteria of this Title and any applicable formally adopted standards, including but not limited to any applicable Landscape Standards in Chapter 8 of this Title and formally adopted City of Evans Engineering Standards and Specifications, as amended.

b.

The plan does not present any other apparent risks to the public health, safety or welfare of the community.

2.

Site design and engineering.

a.

The plan provides safe access and internal circulation considering the site, the block and other surrounding connections, and appropriately balances vehicle, bicycle and pedestrian needs for the context.

b.

The plan provides or has existing capacity for utilities and other required improvements to serve the proposed development.

c.

The plan provides adequate management of storm water runoff.

d.

The plan provides proper grading considering prevailing grades and the relationship to adjacent sites.

3.

Landscape and open space design.

a.

The plan creates an attractive aesthetic environment and improves relationships to the streetscape or other nearby public, civic or common spaces.

b.

The plan enhances the environmental and ecological functions of un-built portions of the site, and makes effective use and conservation of water resources.

c.

The plan reduces the exposure and adverse impact of more intense activities or components of the site or building on the streetscape and on adjacent properties.

d.

Landscape standards are met in accordance with Chapter 18.08 of this Title.

4.

Building design.

a.

The location, orientation, scale and massing of the building creates appropriate relationships to the streetscape and to adjacent properties.

b.

The selection and application of materials will promote proper maintenance and quality appearances over time.

c.

The location, fixtures and types of building and site lighting promotes or creates aesthetic enhancements, promotes safety and security, and accounts for sensitive borders with the right-of-way or adjacent property.

d.

The building reinforces the character of the area and reflects a compatible architectural relationship to adjacent buildings. Specifically, if there is any consistency or commonality in the scale, proportion, forms and features, and materials of adjacent buildings, they inform choices on the proposed building.

C.

Review procedure. In addition to the general requirements in Table 18-3-1 and Section 18.03.010, the following requirements are specific to site plan applications:

1.

At the applicant's discretion, and as part of the pre-application steps, the applicant may present a preliminary or conceptual site plan. This may be used to confirm interpretations, test basic concepts and standards, or review options for a proposed project.

2.

Any requests for design review or variance from the standards are distinct applications, but may be coordinated with the site plan review as provided in Sections 18.03.110 and 18.03.140 of this Chapter.

3.

After staff review, receipt of any comments from referral agencies, and any necessary resubmittals, the Director may make a final decision.

D.

Site improvements agreement. The applicant shall enter into an Improvements Agreement with the City for any required public and/or community improvements associated with a site plan.

1.

The agreement shall specifically define the type, timing, and guarantees for completion of required improvements and be recorded in conjunction with the associated approved plan or plat.

2.

The applicant shall submit a financial guarantee for one hundred fifteen percent (115%) of the total cost of improvements based on approved design or construction plans.

3.

The Director may waive the need for an Improvements Agreement where there are no required public improvements or where improvements are minor in nature such that requirements in this Title are sufficient to address construction of improvements.

4.

Required onsite landscaping that is not anticipated to be installed by the time the certificate of occupancy is requested or by the commencement of operations shall also be included in an improvements agreement. Under no circumstances shall the installation of onsite landscaping be granted more than one (1) year beyond issuance of the certificate of occupancy or beyond the date operations commenced.

E.

Effect of decision. Approval of a site plan shall authorize the applicant to apply for a building permit and other applicable development or construction permits.

1.

A site plan may be revoked or suspended by the Director upon a finding that the conditions of approval have not been met, or that the use has otherwise violated the provisions of this Title.

2.

Minor changes to an approved site plan or a grandfathered site without a site plan may be approved by Director upon finding all of the following:

a.

The change modifies the building footprint of the original site by less than twenty-five percent (25%) and access to the site is unmodified.

b.

The change complies with all other provisions of this Title, including the site plan criteria in Section 18.03.060 of this Chapter.

3.

Any other changes to the site shall require an amendment to the site plan as a new application.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability. A special use permit provides flexibility for different uses within a zoning district and allows the potential for additional uses subject to specific conditions and a case-specific review. These uses may require specific design, operational limitations, or additional mitigation to ensure the use is appropriate in a specific location. A special use permit must be initiated by the property owner.

1.

If conditions of a special use permit require site modifications, a site plan review may be required prior to commencement of the use.

B.

Review criteria. A special use permit shall be reviewed according to the following criteria:

1.

The use is identified as requiring a special use permit in Table 18-2-1, Land Use Table in Section 18.02.030.

2.

The application is consistent with the Master Plan such that the long-range plans for the surrounding area are not negatively impacted by the proposed use.

3.

The application is compatible with the area in terms of operating characteristics such as hours of operation, visible and audible impacts, traffic patterns, intensity of use, and other potential impacts on adjacent property.

C.

Review procedure. In addition to the general requirements in Table 18-3-1 and Section 18.03.010, the following requirements are specific to special use permit applications:

1.

Applications shall be accompanied by a narrative and conceptual site plan to review any performance criteria for the particular uses when applied to the site or building.

D.

Effect of decision. Approval of a special use permit shall authorize the applicant to apply for a building permit and other applicable development or construction permits.

1.

A special use permit may be revoked or suspended by the City Council at a public hearing upon a finding of one of the following:

a.

Failure to obtain permits, or otherwise achieve substantial completion of improvements, or commence use within three years of approval or a different amount of time specified in the approval resolution.

b.

The conditions of approval have not been met, the site is out of compliance with the site plan, or that the use has otherwise violated the provisions of this Code.

c.

Ceasing the use for a period of more than three (3) consecutive years.

2.

Minor changes to an approved special use permit may be approved by the Director upon finding all of the following:

a.

There is not a significant increase in the intensity of the use that could adversely impact adjacent property;

b.

The change does not exceed the limits or violate any specific conditions of the original approval; and

c.

The change complies with all other provisions of this Code, including the Site Plan criteria in Section 18.03.060.

3.

Any other changes to the use shall require an amendment to the special use permit as a new application.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability. Dedication and vacation of easements is used to officially record or eliminate easements granting specific access and property interests stated in the recorded document. Easements may be dedicated or vacated in association with a minor or major subdivision, or by this section. Eligible applicants for dedication of easements include anyone with a property interest in the abutting and underlying land, and eligible applicants for vacations are only the easement holder.

B.

Review criteria. The following criteria apply to dedication and vacation of easements:

1.

All legal pre-requisites for recording or eliminating the property interest have been established, and all forms and fees required by the City have been submitted.

2.

The applicant has established written evidence of ownership, and provided notice to all other ownership interests in the easement or affected property.

3.

The application will not be detrimental to any adjacent property owner, and no owner or entity with a property interest in the easement or the underlying property has objected.

4.

All parties in interest or potentially impacted by the application, and any agencies or city departments with an interest, have received notice and have had time to comment.

5.

For a vacation, there is no existing or reasonably foreseeable public use or purpose for the easement, considering the Master Plan, any specific transportation, open space or other public facilities plans, or other plans or policies under those plans.

6.

The application meets all other procedures and requirements of the Colorado Statutes, the Colorado Constitution, and the Municipal Code.

C.

Review procedures. In addition to the general requirements in Table 18-3-1 and Section 18.03.010, the following requirements are specific to dedicating or vacating easements:

1.

The applicant shall submit a plat or other legal document showing the specific property rights to be vacated or dedicated, and the effect to adjacent or abutting property.

D.

Effect of decision. After approval of an easement dedication or vacation, the City Clerk shall record the plat or other legal document with the Weld County Clerk and Recorder. The Director's decision regarding a vacation or dedication application may be appealed to the City Council.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability. Dedication and vacation of rights-of-way is used to officially record or eliminate rights granting specific access and property interests stated in the recorded document, which are not associated with a major subdivision process. Eligible applicants include the City or an abutting and underlying property owner. For any right-of-way abutting multiple property owners, the City may require that all owners join in the application.

B.

Review criteria. The following criteria apply to dedication and vacation of rights-of-way:

1.

All legal pre-requisites for recording or eliminating the property interest have been established, and all forms and fees required by the City have been submitted.

2.

The applicant has established written evidence of ownership of property abutting or underlying the right-of-way. Where multiple properties are involved, each owner shall be joined in the application.

3.

The application will not be detrimental to any adjacent property owner, and no owner or entity with a property interest in an affected easement or in the underlying property has objected.

4.

All parties in interest or potentially impacted by the application, and any agencies or city departments with an interest, have received notice and have had time to comment.

5.

For a vacation, there is no public purpose for the right-of-way, considering the Master Plan, any specific transportation, open space or other public facilities plans, or other plans or policies under those plans. The vacation shall not leave any parcel without direct access to public right-of-way.

6.

For a dedication, the right-of-way will serve a public purpose and the dedication is sufficient to meet the design standards and specifications of Chapter 18.04 of this Title for streets, trails or other rights-of-way.

7.

The application meets all other procedures and requirements of the Colorado Statutes, the Colorado Constitution, and the Municipal Code.

C.

Review procedures. In addition to the general requirements in Table 18-3-1 and Section 18.03.010, the following requirements are specific to vacating rights-of-way:

1.

The applicant shall submit a plat or other legal document showing the specific property rights to be vacated or dedicated, and the effect to adjacent or abutting property.

D.

Effect of decision. After approval of a right-of-way dedication or vacation, the City Clerk shall record the Ordinance that includes a copy of the scale drawing or illustration and legal description with the Weld County Clerk and Recorder.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability. A variance is a process to provide relief from a strict interpretation of the zoning and development standards of this Code, which when applied to a particular property and in a specific context would create practical difficulties or unnecessary hardship on all reasonable use of the property. Variances may be initiated by the property owner. Applications for variances shall be limited to the following dimensional requirements of this Code:

1.

Minimum area of lot;

2.

Minimum width of lot;

3.

Maximum height of structures and fences;

4.

Minimum front yard setback;

5.

Minimum side yard setback;

6.

Minimum rear yard setback;

7.

Minimum off-street parking requirements;

8.

Sign setbacks, height or placement on a lot or building.

B.

Review criteria. A variance shall be reviewed and approved only on the finding by the Zoning Board of Appeals that all of the following conditions are met:

1.

Granting the variance will not adversely affect public health, safety, or general welfare.

2.

The requested variance is the minimum necessary to relieve the difficulty or hardship and permit reasonable use of the property.

3.

The strict application of this Code would result in practical difficulties or unnecessary hardships that limit the reasonable use of the property without granting the variance.

4.

The difficulty or hardship is caused by conditions on the property that are unusual or atypical, are not the result of general conditions in the area, and were not created by the applicant.

5.

Granting the variance will not adversely affect the rights of adjacent property owners or residents.

6.

Granting the variance is consistent with the Master Plan and area or neighborhood plans, or may achieve greater consistency with these plans than if the codes were strictly applied.

C.

Minor variance procedures. The Director may approve minor variances subject to the following:

1.

Minor variances shall be limited to the following circumstances:

a.

Variance to a setback, building location, or building height requirement by up to ten percent (10%) of the requirement. Where this would be less than one (1) foot, the Director may approve a variance up to one (1) foot.

b.

Variance to a lot dimension requirement of up to five percent (5%) of the requirement.

c.

Variance to a building coverage requirement by up to ten percent (10%) of the requirement.

2.

Applications for minor variances may be submitted independently in advance of a site plan, provided there is sufficient information to evaluate the application according to the criteria. Alternatively, an application for a minor variance may be submitted with a site plan, provided the need for the variance is clearly called out as a separate issue and decision in the application materials.

3.

Mailed notice shall be provided to all abutting property owners, allowing up to fourteen (14) days for the owners to object. Any objections shall require the variance to be processed with the Zoning Board of Appeals according to the rest of this section.

4.

The Director's decision shall be based on the criteria in section 18.03.090.B. Denial of a minor variance by the Director may be appealed to the Zoning Board of Appeals.

D.

Review procedures. In addition to the general requirements in Table 18-3-1 and Section 18.03.010, the following requirements are specific to variance applications not eligible for minor variances:

1.

Applications may require an improvement location survey or other survey where it is necessary to review conformance with standards of this Code and the variance criteria.

E.

Effect of decision. Upon approval of a variance, a Certificate of Variance Approval shall be recorded for the subject property by the City Clerk with the Weld County Clerk and Recorder. Upon filing, the applicant may proceed with any necessary approvals or permits authorized in the variance. Denial of a variance by the Zoning Board of Appeals may be appealed to the City Council.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability. The appeal of administrative decisions is a process to determine if there was an error in any final decision in the interpretation, administration or enforcement of this Code by an administrative official of the City. Except for where this Chapter and Table 18-3-1 establish a different appeal process for specific applications, appeals of administrative decisions may be filed with the Zoning Board of Appeals. Appeals may be filed by any person aggrieved and materially affected by a final decision of an administrative official, or by any officer, department, board, or official public body of the City. Appeals of administrative decisions shall be filed in writing with the Community Development Department within ten (10) days of the date of the decision being applied.

B.

Effect of filing. An appeal halts all proceedings in furtherance of the decision appealed from unless the official making the decision certifies to the Board that it could cause imminent peril to life or property. In such case, the Board may elect to allow the official to continue proceedings in furtherance of the decision while the appeal is pending a final decision of the Board.

C.

Notice. Notice of the appeal shall be served upon the person whose decision is being appealed by providing a copy of the appeal. The administrative official whose decision is being appealed shall transmit to the Zoning Board of Appeals all plans, applications and other files directly impacting the decision and constituting the official record upon which the action appealed is taken within ten days of receipt of such filing of the appeal. If the appeal is based on an application that required any other notice under this Code, notice of the appeal shall also occur as required by the original application.

D.

Action and review criteria. The Zoning Board of Appeals shall grant the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant. A majority vote of the Board present shall be necessary to sustain an appeal. An appeal shall be sustained only upon written findings that the official was in error. In exercising the appeal power, the Board shall have all the powers of the official from whom the appeal is taken, and the Board may reverse or affirm wholly or partly or may modify the decision being appealed.

E.

Effect of decision. The decision by the Zoning Board of Appeals shall have the same effect as a decision made by the administrative official but shall be limited to the facts and circumstances of that particular case. Any person aggrieved by a final decision of the Zoning Board of Appeals may appeal City Council according to Table 18-3-1 and Section 18.03.010.I.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability. The annexation process is to add unincorporated lands to the municipal boundaries, and consider well-ordered development of the City, and the extension of municipal services and facilities in an efficient, and effective manner. Any annexation shall comply with Article 12, Municipal Annexation Act of 1965, Colorado Revised Statutes, as amended.

1.

Annexations of enclaves may be initiated by the City Council when such enclaves have been completely surrounded by property within the municipal limits for a period of at least three (3) years.

2.

The responsibility to apply for exclusion from any applicable special districts shall be upon the applicant of the annexation.

B.

Review criteria.

1.

General eligibility. The City Council may consider an annexation petition for land that satisfies the following eligibility requirements:

a.

The proposed annexation meets the eligibility requirements of 31-12-104, C.R.S., summarized as follows:

b.

The area proposed for annexation has not less than one-sixth (⅙) of its perimeter contiguous with the municipal boundaries; and

c.

A community of interest exists between the area proposed for annexation and the City;

d.

The area is urban or will be urbanized in the near future; and the area is integrated with or is capable of being integrated with the annexing municipality.

e.

The full width of all adjacent public rights-of-way is to be included in the annexation.

2.

Specific criteria. City Council shall evaluate annexations according to the following criteria:

a.

The proposed annexation complies with Article 12, Municipal Annexation Act of 1965, Colorado Revised Statutes;

b.

The proposed annexation is in conformance with the Master Plan;

c.

Adequate services are or will be available to support development expected to result from the proposed annexation; and

d.

The proposed annexation provides for a continual and rational boundary.

C.

Review procedures. In addition to any specific procedure required by the laws of the state at the time of annexation, and in accordance with the general procedures applicable by Table 18-2-1 and Section 18.03.010, the following specific procedures apply to annexations:

1.

Request for zoning. The applicant shall submit a request for initial zoning in accordance with this section and Section 18.03.040, Rezoning or Section 18.03.050, Planned Unit Development. The Planner shall conduct an analysis of existing land uses on the subject property to ascertain zoning and lawfully established nonconforming uses. Nonconforming uses shall be permitted to continue, as provided in Section 18.01.110, Nonconformities.

2.

Staff and agency review. The Planner shall coordinate review of an application with all necessary reviewing agencies, and allow them two (2) weeks from the date of distribution of the annexation petition and supporting documents to make any objections or comments to the Planner.

3.

Resolution to consider annexation. The City Council shall determine whether to proceed with annexation of property by resolution which shall include the public hearing date and, at the same time, shall determine if an annexation agreement will be required.

4.

Annexation impact report. For annexations of areas larger than ten (10) acres, the City shall prepare an impact report concerning the proposed annexation. The report shall be prepared at least twenty-five (25) days prior to the date of the City Council hearing on the proposed annexation. A copy of the report shall be filed with the Board of County Commissioners governing the area proposed to be annexed within five days after preparation of the report. The annexation impact report shall comply with C.R.S. 31-12-108.5.

5.

City Council hearing. The City Council shall hold a public hearing on the annexation. In taking action on an annexation, the City Council shall consider the review criteria in this section, any comments received from agencies or offices receiving copies of the annexation plat, the staff and any comments received from citizens.

a.

Upon the completion of the hearing, the City Council, by resolution, shall set forth its findings of fact and its conclusion based thereon with reference to the following matters:

1)

Whether or not the requirements of the applicable provisions of Section 30 of Article II of the state constitution and C.R.S. Sections 31-12-104 and 31-12-105 have been met;

2)

Whether or not an election is required under Section 30 (1)(a) of Article II of the state constitution and C.R.S. 31-12-107 (2).

b.

The City Council shall also determine whether or not additional terms and conditions are to be imposed.

c.

A finding that the area proposed for annexation does not comply with the applicable provisions of Section 30 of Article II of the state constitution or C.R.S. Sections 31-12-104 and 31-12-105 shall terminate the annexation proceedings.

d.

Effect of decision. If the annexation is approved, the City Clerk shall record the signed annexation plat with the Weld County Clerk and Recorder and a copy sent to the Department of Local Affairs. Annexed areas shall be included in the City's zoning ordinance and map within ninety (90) days after the effective date of the annexation ordinance, except that the proposed zoning ordinance shall not be passed on final reading prior to the adoption of the annexation ordinance. The City shall consider zoning such newly annexed areas under the appropriate zoning category as follows:

D.

If land use approval or development of areas being considered for annexation is not pending upon completion of annexation, if the subject property is in a transitional state regarding development or if it is in the best interest of the City, the City Council shall place the newly annexed property into the AG - Agricultural Zoning District.

E.

Requests for zone districts other than the AG - Agricultural District may be considered by the City Council in conjunction with the submittal of all applicable requirements for a rezoning application. The City Council shall place the newly annexed property into the zone district most appropriate, considering the goals and objectives of the City's Master Plan and the applicant's future development plans.

F.

During the time in which zoning of newly annexed areas takes place, the City may refuse to issue any building or occupancy permit for any portion or all of the newly annexed area.

(Ord. 804-23, § 2(Exh. A), 2023)

A.

Applicability. Design review is the process by which applicants may request staff review of pre-identified development components as listed below, when the applicant wishes to deviate from the effective code requirements for such select components. Chapters 18.04 and 18.06 identify standards for which a design review is required as part of an application for development.

B.

Review criteria.

1.

Review criteria for alternative design of new subdivision streets are located in Section 18.04.010.B.6 of this Title.

2.

Review criteria for alternative nonresidential design are located in Section18.06.040.E of this Title.

3.

Review criteria for alternative access and parking design are located in Section 18.07.050.F of this Title.

4.

Review criteria for alternative landscape design are located in Section 18.08.030.F of this Title.

5.

Review criteria for alternative plant selections are located in Section 18.08.040.I of this Title.

6.

Review criteria for alternative fence or wall design are located in Section 18.08.050.C of this Title.

7.

Review criteria for alternative lighting are located in Section 18.08.060.C of this Title.

C.

Review procedure. A review committee comprised of City staff may review and approve eligible requests for design review subject to the following:

1.

The request for alternative design shall be submitted prior to or included with the initial submittal of the application for development. The request shall include:

a.

The effective design standard and code citation.

b.

The proposed alternative design standard.

c.

A narrative addressing all applicable review criteria.

d.

Visual exhibits of the proposed alternative design.

e.

Any other supporting documentation or studies which may assist the review.

2.

The review committee shall review the proposed alternative design as part of the initial referral review period described in Section 18.030.010.F.2 of this Title and approve or approve with modifications an eligible request based on the applicable review criteria.

3.

The review committee findings shall be included in the written comments provided to the applicant as part of the staff review of a development application described in Section 18.030.010.F.3.a.

(Ord. 804-23, § 2(Exh. A), 2023)