The purpose of the provisions of this article is to achieve a balance between the rights of individuals to develop and maintain their property in a manner they prefer and the right of the community residents to live, work, shop and recreate in pleasant and safe surroundings. The standards and criteria of this article are intended to minimize adverse impacts of development, protect economic vitality, encourage high quality development, ensure adequate provision of municipal services, and enhance the security and safety for users of the site.

(Code 1985, § 10-7-1)

An approved site development plan shall be required with any of the following applications:

(1)

Building permit applications for all new principal buildings with the exception of detached single-family dwellings, two-family dwellings and existing mobile home park manufactured home setups.

(2)

Building permit applications for accessory buildings and additions to existing principal buildings if such accessory building or addition exceeds 20 percent of the gross floor area of all structures located on the site or a 20 percent change to an existing mobile home park except that a site development plan shall not be required for accessory structures and additions to single-family dwellings and two-family dwellings.

(Code 1985, § 10-7-2; Ord. No. 10-14, § 2, 9-21-2010)

(a)

The planning and zoning commission shall approve, approve with conditions or deny the site development plan if the plan is required by section 70-468(1) or (2). The city council shall consider such site development plan applications and shall make a decision of approval, approval with conditions or denial of the plan.

(b)

Any recommendation of the planning and zoning commission on the site development plan shall be stated in the resolution and shall include the reasons for such decisions.

(c)

Appeals of the decision of the city council shall be to the county district court pursuant to Colorado Rules of Civil Procedure Rule 106(a)(4).

(d)

Approval of the site development plan, or modification thereof, shall not be deemed to constitute an approval or waiver of any other provision of this Code.

(Code 1985, § 10-7-3; Ord. No. 18-03, § 5, 4-3-2018)

(a)

Minor modifications of previously approved site development plans may be administratively authorized and approved by the city manager or his designee, provided that such minor modification meets the standards and criteria established in this article. Modifications other than minor modifications shall be processed and acted upon as new applications for approval of site development plans.

(b)

The term "minor modifications," for the purposes of this article, shall be defined as any proposed modification which:

(1)

Does not involve altering any specific condition of the site development plan approval as required by the planning and zoning commission or the city council.

(2)

Does not involve an increase greater than 20 percent of the height or square footage of the building, a decrease by more than 20 percent change (increase or decrease) in the parking lot area, more than a 20 percent decrease in the landscape area, or a reconfiguration of the building envelopes.

(3)

Does not involve the change in location of access driveways or access to public streets, recreational amenities, or exterior lighting.

(c)

An applicant for a minor modification may appeal the decision of the city manager or designee to the city council by submitting a written request to the city clerk within 14 calendar days of the decision of the city manager or designee, stating reasons why the appeal is requested. Such request shall include 14 copies of the proposed modification.

(Code 1985, § 10-7-4)

The following procedure shall apply for all site development plan applications:

(1)

The applicant shall meet with the city manager or designee at an initial meeting to discuss the general requirements for the site development plan.

(2)

After this initial meeting, the applicant shall submit to the city manager or designee a submittal for preapplication review to include ten copies of the written and graphic proposal for distribution to affected city departments.

(3)

The city manager or designee will meet with the applicant for a preapplication meeting within 14 calendar days after the preapplication submittal to discuss the specific application submittal requirements and any issues the city may have based upon the preliminary submittal.

(4)

A complete application to include a completed application form, fee, proof of ownership or owner's authorization, improvement location certificate or boundary survey, written description of request, written description of how the proposal is in conformance with all applicable criteria for review and ten copies of a 18-inch by 24-inch, or such number and size as determined by the city manager or his designee, site development plan shall be submitted for initial review along with any other submittal requirements as determined by staff during the preapplication review. Other submittals may include a grading/erosion control plan, drainage study, soils report, geology report, utility study and/or a traffic study. In addition, copies of any special agreements, conveyances, restrictions, or covenants that will govern the use, maintenance, and continued protection of the property shall be required. All department directors shall review the application submittal for completeness within seven calendar days. At the end of this time period, the city manager or designee shall notify the applicant whether the application is accepted as complete.

(5)

At the time of application acceptance, the date for the planning and zoning commission consideration shall be scheduled for the next available regularly scheduled meeting, provided that there is sufficient time for staff review.

(6)

Once the application is accepted, department directors shall review the application and make written comments within 30 calendar days. The city manager or designee shall prepare written comments and shall meet with the applicant to discuss all comments.

(7)

A meeting will be scheduled before the planning and zoning commission where the applicant, staff and any interested parties shall present information for consideration of the plans.

a.

At least seven calendar days prior to the meeting, 22 copies, or such number as determined by the city manager or his designee, of the site development plan shall be submitted.

b.

At the meeting, the applicant, staff and any interested parties shall present testimony for consideration.

(8)

If approved, the applicant shall submit one signed mylar, ten signed copies, and one electronic copy in a format determined by the city manager or his designee, of the site development plan to the city manager or designee within 30 days of approval.

(Code 1985, § 10-7-5; Ord. No. 18-03, § 6, 4-3-2018)

The proposed site development plan shall be prepared by a registered architect, landscape architect, registered land surveyor, or professional engineer except that the city manager or designee may waive this requirement for projects that are not so complex that the use of registered or licensed professionals is necessary to enable the planning and zoning commission to make a decision that complies with the requirements set forth herein. The site development plan shall be prepared at a scale of not less than one inch equals 50 feet and on a sheet size of 18 inches by 24 inches. The plan shall contain the following information except as waived by the city manager or his designee:

(1)

Date, north arrow, written and graphic scale, name and address of project, parcel size and legal description.

(2)

The property lines and dimensions.

(3)

The building envelope, square footage and setback dimensions of all proposed structures and all existing structures which are to be retained on site.

(4)

The proposed layout of the parking lot including location and dimensions of parking spaces, curb islands, internal planter strips, maneuvering aisles, access driveways with indications of directions of travel, curb cuts, internal rights-of-way, adjacent rights-of-way and opposing accesses.

(5)

The location and dimension of all existing and proposed public and private utility, access and emergency easements.

(6)

The existing physical features and proposed modifications on the site, including drainageways, steep slopes, mature trees and floodplains. Existing contours and finished grades are to be shown at two-foot intervals or less. The percent grade shall be shown on travel ways.

(7)

The location, dimension and material of all bike/pedestrian paths and walkways, except as waived by the city manager or his designee.

(8)

The location, arrangement and dimensions of truck loading and unloading facilities.

(9)

The location, material and color of all exterior lighting fixtures, trash containers, signage, and fencing.

(10)

The location of all proposed landscaping, open space, stormwater detention facilities and recreational amenities. The full details of the landscaping elements will be required with the landscape plan.

(11)

The adjacent properties and the physical features within 100 feet of the property line including the setback dimensions of adjacent structures. Drainage flows should neither impede nor redirect from or into adjacent properties.

(12)

A table that describes the site acreage and/or square footage, building gross floor area, landscaped square footage, paved area square footage and number of parking spaces.

(13)

Vicinity map of the areas surrounding the site for one-half mile.

(14)

A site maintenance note that includes the requirements of section 70-473.

(15)

Signature blocks for the property owner and the chair of the planning and zoning commission or the mayor depending on the approving authority.

(16)

A separate 18-inch by 24-inch sheet shall be submitted to depict the building elevations showing height, dimensions, materials and colors of all structures. The minimum scale shall be 1/16 -inch equals one foot. If available, samples of building color and materials shall be submitted.

(17)

A separate 18-inch by 24-inch sheet shall be submitted to depict the location, type and footcandles of all outdoor lighting. If available, a copy of the catalog cut sheets of all exterior lighting fixtures shall be submitted.

(18)

A separate 18-inch by 24-inch sheet shall be submitted as the landscape plan in accordance with the requirements of this code.

(19)

Site development plans requiring recording must contain a county clerk and recorder's recording certificate on the title page in accordance with the following format:

Date:

Time:

Reception Number:

Signature of the County Clerk and Deputy:

(20)

Site Development Plan documents that require recording must be submitted on 18-inch × 24-inch standard sheets with two mylar copies and two blueprints or paper copies. The mylar copies must be four mil, and no overlays are allowed on the original mylar. Original signatures and stamps must be added with permanent black marker. The county clerk recommends using the Sharpie permanent ultra fine point permanent marker. If the ink smears when rubbed with a wet index finger the documents will be rejected. Minimum required margins for all pages of a site development plan are:

Left: 2 inches

Right: ½ inch

Top: ½ inch

Bottom: ½ inch

(Ord. No. 10-06, § 7, 4-20-2010)

Editor's note— Ord. No. 10-06, § 7, adopted Apr. 20, 2010, repealed the former section and enacted a new one as set out herein. The former section pertained to similar subject matter and derived from Code 1985, § 10-7-6.

Site development plans shall be approved if they are complete in form, meet all the applicable standards set forth in this section, or elsewhere in this Code and adequately address the following design criteria guidelines (guidelines). The guidelines set forth in this section are intended to provide general guidance in the development and review of site plans and building elevations recognizing that some flexibility is allowed given site specific conditions and the unique circumstances of the application. The decision of approval shall be based upon whether the proposal complies with the development standards established herein and elsewhere in this Code and any other adopted policies, and whether the proposal substantially complies with the guidelines established in this section. Substantial compliance with the guidelines does not require compliance with each of the guidelines, or substantial compliance with each individual guideline, but rather a demonstrated attempt to comply with the guidelines, with the result of compliance with the preponderance of the guidelines in their entirety. Those site development criteria that are reasonable for the intended use shall be required.

(1)

Vicinity considerations.

a.

Standards.

1.

Access to public transit facilities shall be provided for by incorporating bus loading zones where necessary.

2.

The anticipated traffic impact shall be acceptable for adjacent road conditions or the proposal will include improvements to mitigate any traffic impacts.

b.

Guidelines.

1.

The project should present logical on-site/off-site pedestrian, auto and bike connections.

2.

The overall project, in terms of site layout, screening and design should demonstrate a compatible relationship to adjacent uses.

3.

Screening should be provided to mitigate unattractive views such as the rear elevation of buildings, loading areas, outdoor storage areas, outside trash receptacles, building or roof-mounted mechanical equipment, and sources of glare, noise or other potential negative effects of development. Screening should be provided in a manner that screens unsightly views from public rights-of-way, pedestrian paths and adjacent properties. Screening may be achieved through a variety of means including setbacks, planting, fences, walls, site design, architectural design and other such measures.

(2)

Site layout guidelines.

a.

The design and arrangement of elements of the site plan should exhibit a favorable relationship with the existing natural topography and natural water bodies and efforts should be made to incorporate existing desirable vegetation.

b.

The elements of the site plan should be designed to maximize the opportunity of privacy for adjacent land uses, in particular residential land.

c.

The site layout should consider microclimate conditions and its impact on the safety and convenience of the public. In particular, entryways and pedestrian paths should be located in such a manner as to minimize snow and ice accumulation.

(3)

Building scale and design.

a.

Standards.

1.

Multiple buildings in single projects shall be varied in size and mass. If there is change in building height throughout the site, a transition from low buildings at the site perimeter to larger and taller structures on the interior of the site is required.

2.

Buildings shall be separated from pavement areas with landscaping and/or walkways.

3.

Facades shall be articulated to reduce the massive scale and uniform appearance by incorporating horizontal relief projections and recesses at minimum horizontal intervals of 40 feet to provide visual interest, changes in height and relief from long flat walls. Arcades, display windows, entry areas, awnings or other such features and changes in color, texture and material should be used to accomplish such purpose.

b.

Guidelines.

1.

The building height, mass, scale, orientation and configuration should be compatible with adjacent land uses and provide for harmonious and appropriate transitions where there are differences in character between different land uses.

2.

A single building complex should be stylistically compatible. Significant patterns or unifying elements such as architectural style, materials, colors and form should work together to express a single theme and to achieve design harmony and continuity. Pad buildings should match materials of main buildings. Structures within the overall development should be similar and have consistent design elements such as roof forms, use of building awnings, facade articulation and repetitive entry design elements.

3.

All facades of a building that are visible from adjoining properties and/or public streets or paths should be treated with the similar degree of architectural style and detail of the front elevation.

4.

Roof forms, building height and parapet walls should vary to provide visual interest at building tops. Rooftops should contribute to the visual continuity of each development and should be considered as design elements seen from various viewpoints. Rooflines running in continuous planes should be avoided by offsetting or jogging the roof planes to add visual interest or reducing the scale to break up long, continuous rooflines. Roof forms should be designed to correspond to, and denote building elements and functions such as entrances, arcades, porches, etc.

5.

The human scale of the site should be promoted through the use of canopies, overhangs, awnings, windows, decorative detailing, lighting, planters, seating areas, street furniture and accessories, signage, water features, landscaping, patterned walkways, public art, bicycle parking, building materials and other elements which will enhance the human scale emphasis of the site.

6.

Entryways to buildings should be emphasized utilizing architectural elements so that they are visible from the street. This can be achieved in a number of ways including: canopies or porticos, overhangs, recesses/projections, arcades, raised cornice parapets over the doors, peaked roof forms, arches, outdoor patios, display windows, architectural details.

7.

Exterior materials should be sufficiently durable to ensure stability, maintainability and longevity.

8.

Colors should be aesthetically pleasing to a reasonable person. Earth tone colors should be compatible with the project built and the natural environment should be used for the dominant color. Primary colors may be used for accent but should not constitute the dominant color of any structure. Reflective materials such as bright aluminum and glass as the primary building material that will generate glare should be avoided.

(4)

Vehicular circulation; parking; access.

a.

Standards.

1.

The circulation/parking/access system shall provide for the safe, orderly, efficient, convenient and functional movement of multiple modes of transportation both on and off the site. Conflicts should be minimized and alternate modes of transportation accommodated by utilizing paving patterns, grade differences, landscaping and lighting.

2.

The drive aisles shall provide adequate stacking lengths at driveway/street intersections and for internal needs and to prevent impacts to adjacent public rights-of-way.

3.

Access drives and internal drives shall be coordinated with existing or planned median openings. Curb cuts shall also line up with opposing curb cuts to the extent possible and should be separated a safe distance from intersections and other nearby curb cuts. Convenient and appropriate routes shall be provided for all delivery, emergency and utility service needs. Vehicle circulation within the development shall be designed to provide safe and efficient turning movements for all anticipated service and emergency vehicles.

b.

Guidelines.

1.

The internal circulation of projects involving multiple buildings should function as a whole and should include all necessary cross access easements where applicable. To the extent possible, adjoining and proximate projects should provide shared access.

2.

The proposal should demonstrate that adequate provisions have been made to limit the effects of vehicular noise and exhaust and to minimize paving.

3.

Parking areas should be designed so that the lots do not visually dominate the site and so that the visual impact on the adjacent properties and from the public right-of-way is minimized. This may be achieved by careful placement of buildings, distribution of parking throughout the site, use of landscaping and topography or other innovative site planning techniques.

4.

Where possible, the use of low, opaque walls and/or bermed landscaping should be utilized to screen parking from peripheral streets.

(5)

Open space/landscape considerations; guidelines.

a.

The project should provide for optimum preservation of natural site features including, without limitation, mature trees, terrain, groundwater and surface water, wetlands, riparian areas and drainage areas and incorporate these areas into the open space plan.

b.

The open space should be useable and functional and should be coordinated with adjacent open space where practical.

c.

The landscaping should provide for aesthetic enhancement and should utilize a variety of plants and hard surface materials and vegetation selection should provide for a variety of colors yearround with seasonal variation.

d.

The use of xeriscaping is encouraged.

(6)

Ancillary uses; outdoor lighting, signage, fencing.

a.

Standards.

1.

Overhead electrical service between street lights along public street frontages shall be placed underground.

2.

Street lighting is required upon construction of any public street intersections or at existing public street intersections where street lighting is not present.

3.

Public street lighting shall be installed or replaced according to the standards described in the City of Federal Heights Standards and Specifications.

4.

Lighting facilities and lighted signs shall be placed and shielded in such a manner, and be of such height and intensity, as not to cause direct light to illuminate other properties and shall not be permitted to create a hazard upon a public street.

b.

Guidelines.

1.

The lighting plan should promote energy conservation.

2.

The lighting plan should contribute to the aesthetic environment by utilizing ornamental armatures and fixtures relating to the architectural theme of the development.

3.

The signage plan should be of a scale and style appropriate to the development. Signage should be architecturally compatible in color and design with the associated structures and should not detract from the architectural character or aesthetic appeal of the community.

4.

The size of signs should afford businesses sufficient visibility and identification without becoming a dominant part of the landscape.

5.

The fencing should be designed to complement the structures on site as demonstrated by material, design and color.

(7)

Public safety; guidelines.

a.

The site should have adequate access controls and secure barriers to prevent unauthorized access to the buildings, grounds and restricted areas. The site should have clear territory identity that differentiates private areas from public spaces and discourages trespassing.

b.

The site layout should be designed to provide natural surveillance that increases the probability of detection for offenders. This would include clear lines of sight to building entrances and parking areas from the street and from inside the building.

c.

There should be provisions for adequate surveillance devices that protect the business and the public.

d.

The landscaping should be designed to exclude visual barriers that provide havens for law offenders.

e.

All vehicular use areas, pedestrian circulation paths and exterior portions of buildings should be provided with adequate security lighting.

f.

The site should be designed to avoid the creation of blind areas that cannot be patrolled by police or security staff.

g.

Site drainage should be designed to minimize water collection near building foundations, entrances, pedestrian ramps and service ramps, as well as inadvertent ponding within vehicular parking areas.

(8)

Resource protection; environmental considerations; guidelines.

a.

The project should result in minimal cut and fill on the site. The design of the buildings should conform as much as possible to the natural contours of the land, and the site design should minimize erosion, slope instability, landslide, mudflow or subsidence to the subject and adjacent properties.

b.

Environmentally sensitive areas and significant existing vegetation should be preserved and protected. No structures or landform alteration should be permitted in environmentally sensitive areas unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level.

c.

Stormwater management and site drainage should be designed as visual and recreational amenities, as well as development necessities.

d.

The buildings should relate to adjacent properties to maintain maximum sun and ventilation, provide protection from prevailing winds, and enhance views of the natural setting by minimizing obstructions.

(Code 1985, § 10-7-7; Ord. No. 11-12, § 1, 12-20-2011; Ord. No. 12-12*, § 21, 11-20-12)

*Editor's note—Ord. No. 12-12, § 21, adopted November 20, 2012, mistakenly repealed section 70-473 and added a new section 30-232.3 which also pertained to review criteria. It was the intention of the ordinance section to just delete the reference "section 62-255" from the first sentence of the first paragraph of section 70-473.

(a)

The owner of the property, his successors, heirs and assigns shall be responsible for the maintenance of all elements presented in the site development plan.

(b)

Proper maintenance shall include maintaining the site free of graffiti and trash, maintaining the sidewalks free of snow and gravel, maintaining the quality of all fences, signs and structures by painting and repair as needed, maintaining the parking lot free of potholes and keeping parking spaces clearly delineated, and maintaining the landscaping as indicated on the landscape plan.

(Code 1985, § 10-7-8)

(a)

No building permit shall be issued for any structure subject to the provisions of this article without first obtaining the approval of the site development plan from the city council.

(b)

No certificate of occupancy shall be issued until all required improvements are completed in conformance with the approved site development plan.

(c)

All landscaping required by this article shall be installed prior to the issuance of a certificate of occupancy. However, if all conditions necessary for issuance of a certificate of occupancy are met except landscape improvements and the reason is because completion of construction occurred outside of planting season, a temporary certificate of occupancy may be issued if cash or certified funds equal to 110 percent of the cost of the landscaping, as determined by the city manager or designee, is deposited with the city ensuring such installation within six months of occupancy.

(d)

Breach by the property owner of the obligation to maintain the site in accordance with the approved site development plan shall be deemed a public nuisance and result in a notice of violation subject to the procedures authorized by this Code pertaining to the applicable violation.

(Code 1985, § 10-7-9)

If a building permit is not issued within one year after the date of approval of the site development plan, the plan shall expire and be considered null and void unless extended. An extension may be granted after a written request is reviewed and approved by the planning and zoning commission.

(Code 1985, § 10-7-10)