A. This Chapter describes the procedures for review and approval of all applications for development activity in the Town. Common procedures, which are applicable to all or most types of development applications, are in Section 16.7.2. Subsequent Sections set forth additional provisions that are unique to each type of application, including staff and review board assignments, review standards, and other information.

B.

Table 7.1 summarizes the review and decision-making responsibilities for the administration of the procedures described in this Chapter. The table is a summary tool and does not describe all possible types of decisions made under this FDC. Other duties and responsibilities are described in this Chapter.

C.

Table 7.2 summarizes the process and procedures required for specific applications described in this Chapter. The table is a summary tool identifying the common procedures required for each application in addition to any modified or additional provisions unique to each application.

D.

The Director may also refer applications to other boards, commissions, government agencies, and non-governmental agencies not referenced in this Chapter.

(Ord. 982 §11, Att., 2020; Ord. No. 1047, § 3, 8-25-2024)

The common development review procedures in this Section 16.7.2 shall apply to all types of development applications under this Chapter, unless an exception to the common procedures is expressly called for in the particular development application requirements in subsequent Sections of this Chapter.

A.

Step 1: Pre-application conference.

1.

Purpose. The purpose of a Pre-Application conference is to provide an opportunity for an informal evaluation of the applicant's proposal and to familiarize the applicant and the Town Staff with the applicable provisions of this FDC, the Town's Comprehensive Master Plan, and other documents as may be appropriate, including the Town's POST Master Plan and the Town's Standards and Specifications, infrastructure requirements, and any other issues that may affect the applicant's proposal.

2.

Applicability.

a.

Required for new applications. A pre-application conference is required prior to certain types of applications, as listed in Table 7.2. Applications for these types of approvals shall not be accepted until after the pre-application conference is completed. The conference shall take place prior to any formal development application submittal to the Town.

b.

Optional for all other applications. A pre-application conference is optional prior to submission of any other application under this FDC not listed as requiring a conference in Table 7.2.

3.

Initiation of Pre-Application Conference. The applicant shall request a Pre-Application conference with the Planning and Development Department. With the request for a Pre-Application conference, the applicant shall provide to the Planning and Development Department a description of the character, location, and magnitude of the proposed development and any other supporting documents, such as maps, drawings, models, and the type of application. It is the applicant's responsibility to provide sufficiently detailed plans and descriptions of the proposal for staff to make the informal recommendations discussed below.

4.

Pre-application conference content. The Planning and Development Department shall schedule a pre-application conference after receipt of a proper request. At the conference, the applicant, the Planning and Development designee, and any other persons the Planning and Development designee deems appropriate to attend shall discuss the proposed development. Based upon the information provided by the applicant and the provisions of this FDC, the parties should discuss in general the proposed development and the applicable requirements and standards of this FDC.

5.

Informal evaluation not binding. The informal evaluation of the Planning and Development Department Staff provided at the conference are not binding upon the applicant or the Town, but are intended to serve as a guide to the applicant in making the application and advising the applicant in advance of the formal application of issues which may be presented to the appropriate decision-making body.

6.

Application required within six (6) months. After a pre-application conference has been held, an application must be submitted within six (6) months. If an application is not filed within such timeframe, a new pre-application conference shall be required prior to filing an application, unless waived by the Director.

B.

Step 2: Development application submittal.

1.

Form of application. Applications and submission materials required under this Chapter shall be submitted in a form and in such number as required by the Director and described in the applicable user's guide.

2.

FDC user's guide. The Director shall compile the requirements for each application's contents including forms, fees, and the submission materials and review schedule in a user's guide, which shall be made available to the public. The Director may amend and update the user's guide from time to time.

3.

Concurrent development applications and review. Multiple applications cannot be consolidated into one (1) application; however, multiple development applications for the same development proposal may be submitted and reviewed concurrently as permitted or required by the Director depending upon the complexity of the proposal. Subdivision and Final Development Plan applications may be processed concurrently with annexation and initial zoning applications; however, such applications shall only be given final approval after annexation and initial zoning of the subject property are effective. Final Development Plans shall only be given final approval after a final plat approval is granted.

4.

Authority to file applications.

a.

Unless otherwise specified in this FDC, applications for review and approval may be initiated by:

i.

The owner of the property that is the subject of the application; or

ii.

The owner's authorized agent; or

iii.

The Board of Trustees or designee; or

iv.

Other entities that have rights provided by law.

b.

When an authorized agent files an application under this FDC on behalf of a property owner, the agent shall provide the Town with written documentation that the owner of the property has authorized the filing of the application.

c.

When a review or decision-making body initiates action pursuant to this FDC, it does so without influencing the approval or denial of the application.

5.

Development review fees.

a.

Development review fee schedule. The amount of the Town's development review fees shall be established by resolution of the Board of Trustees, and shall be assessed at such amounts as reasonably necessary to defray the actual costs of processing and reviewing applications under this FDC. The schedule of fees are adopted by the Board of Trustees by resolution and noted on the Development Review Application. The schedule of fees may be reviewed annually by the Director, on the basis of actual expenses incurred by the Town to reflect the effects of inflation and other changes in costs.

b.

Outstanding fees and costs. All fees and costs shall be paid by the applicant prior to scheduling of hearings or meetings for any development application. No new applications shall be accepted by the Town until all previous fees and costs associated with an applicant, application or property are paid in full.

c.

Recovery of costs. The applicant shall pay the development review fees and initial deposit imposed pursuant to this Section at the time of submittal of any development application. The initial deposit shall cover the costs billed by the Town for costs incurred, as required, for processing and reviewing the development application, including attorney fees, review fees from consultants acting as staff, referral agencies, or other fees. Should the application be withdrawn at any time, the deposit shall be adjusted to cover the Town's actual costs, including overhead, up to that time. Any funds remaining on deposit at the time of the completion or withdrawal of the application shall be returned to the depositor, after accounting for expenses incurred to date.

6.

Waivers. The Director may waive certain submittal requirements when such submittal requirements are unrelated to any project impacts, or to reduce the burden on the applicant by tailoring the requirements to produce only the information necessary to review any particular application. The Director may waive such requirements when it is determined that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly support such waiver.

7.

Additional information. Additional application-specific information may be required by the Director, Director of Public Works, Town Engineer, Planning and Zoning Commission, and/or Board of Trustees, as necessary and appropriate to evaluate fully whether an application complies with the requirements of this FDC.

8.

Inactive files. If an applicant fails to submit required information for a period of more than six (6) months, the application shall become void and the re-submittal of a new application and fees shall be required. The Director may grant no more than two (2) extensions of time to this provision, of no more than six (6) months each, upon a written request by the applicant.

C.

Step 3: Determination of application completeness. After receipt of the development application, the Director or designee shall determine whether the application is complete and ready for formal processing.

1.

If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this FDC. An application shall be considered complete if it is submitted in the required form, includes all mandatory information and supporting materials specified in the user's guide, and is accompanied by the applicable fee or fees. The determination of completeness by the Director shall not be based upon the perceived merits of the development proposal.

2.

If an application is determined to be incomplete, the Director or designee shall provide notice to the applicant along with an explanation of the application's deficiencies. Further processing of an incomplete application shall not occur until the deficiencies are corrected and submitted.

D.

Step 4: Application referral, review and staff report. After determining that a development application is complete, Town Staff shall process the development application in the following manner.

1.

Referral packets. Staff shall notify the applicant of the type and number of copies of the application and submittal information required for distribution to referral agencies. Staff shall distribute the submittals to designated referral agencies for review.

2.

Referral review. Referral agencies shall provide comments to Town Staff on the application(s) within twenty-one (21) days of receiving a referral packet. The applicant is encouraged to meet with referral agencies prior to the end of the referral period. The applicant is required to pay fees assessed by referral agencies.

3.

Resolution of issues. Staff shall compile and review all referral comments and provide a copy of all comments to the applicant. The applicant shall resolve outstanding issues to the maximum extent reasonably practicable. The applicant shall provide the Town with written responses addressing all referral and staff comment issues. At the discretion of the Director, referral comments requiring significant changes to a development application, plan or proposal may require re-referral to any and all referral agencies.

4.

Staff Report. After staff has scheduled an application for a review or public hearing, staff shall prepare a Staff Report. The Staff Report shall indicate whether, in the opinion of the staff, the development application complies with all applicable standards of this FDC. Staff may recommend approval, denial or conditions for approval may also be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the development proposal. The Staff Report shall be made available for inspection and copying by the applicant and the public prior to the scheduled public hearing on the development application.

E.

Step 5: Neighborhood Meeting. In general, the Neighborhood Meeting should occur after the applicant has received the first round of referral responses as outlined in Subsection 16.7.2.D above.

1.

Purpose. The purpose of a neighborhood meeting is to provide an informal opportunity to inform the residents and landowners of the surrounding neighborhood(s) of the details of a proposed development and application, how the developer intends to meet the standards contained in this FDC, and to receive public comment and encourage dialogue at an early time in the review process. No decision regarding the application will be made at the neighborhood meeting.

2.

Applicability. A neighborhood meeting shall be required for any development proposal that will be subject to Planning and Zoning Commission and/or Board of Trustees review, unless otherwise indicated in this Chapter. However, the Director may waive the neighborhood meeting requirement if it is determined that the development proposal would not have significant impacts in any of the areas listed below. The waiver shall be in writing and shall be included as part of the case record.

a.

Traffic;

b.

Natural resources protected under this FDC;

c.

Provision of public services such as safety, schools, or parks;

d.

Compatibility of building design or scale; or

e.

Operational compatibility, such as lighting, hours of operation, odors, noise, litter, or glare.

3.

Notice of neighborhood meeting. The applicant shall give mailed and posted notice of the neighborhood meeting to property owners, pursuant to the general notice provisions of Subsection 16.7.2.F. An affidavit shall be submitted to the Town, by the applicant, stating that the notice requirement has been met.

4.

Attendance at neighborhood meeting. If a neighborhood meeting is required, the applicant or applicant's representative shall attend the meeting. The applicant shall be responsible for scheduling the meeting, coordinating the meeting, and for retaining an independent facilitator if needed. Attendance at the meeting by Town Staff is not required.

5.

Summary of neighborhood meeting. The applicant shall prepare a written summary including a list of attendees of the neighborhood meeting. The written summary shall be provided to Town Staff prior to noticing of any Public Hearing and included in the case record.

F.

Step 6: Notice.

1.

Content of notices. Notice of all Public Hearings required under this Chapter shall, unless otherwise specified in this FDC: (1) identify the date, time, and place of the Public Hearing, (2) if applicable, describe the property involved in the application by street address or by legal description and nearest cross street; (3) describe the nature, scope, and purpose of the proposed action; (4) indicate that interested parties may appear at the hearing and speak on the matter; and (5) indicate where additional information on the matter may be obtained.

2.

Summary of notice requirements. Table 7.1 summarizes the notice requirements of the procedures set forth in this Chapter.

3.

Town notices.

a.

When Table 7.1 requires Town notices, the Director shall cause a notice to be published in a newspaper having general circulation in the area. The notice shall be published at least fifteen (15) days prior to the scheduled hearing date. In computing such period, the day of publication shall not be counted, but the day of the hearing shall be counted.

b.

Subdivision applicants shall also comply with the post-approval requirements for published notice contained in C.R.S. §§ 31-23-221 and 31-23-222.

c.

Notice of Public Hearings required under this FDC shall also be posted by Town Staff at the locations specified in the Town of Firestone Public Meeting Posting Resolution.

4.

Mailed notice.

a.

When Table 7.1 requires that mailed notice be provided, the applicant shall provide the Director with a current (prepared within thirty (30) days of the scheduled hearing) list of applicable property owners and organizations as listed below. The noted list shall be prepared by the applicant or their authorized representative. The applicant or their authorized representative shall mail such notice via the United States Postal Service using first class mail at least fifteen (15) days prior to the scheduled date of the hearing. In computing such period, the day of mailing shall not be counted, but the day of the hearing shall be counted. Mailed notice shall be provided to the following persons or groups:

i.

Property owners. All persons listed on the records of the County Assessor as owners of land subject to the application or as owners of the parcels within three hundred (300) feet of the outer boundary of the land subject to the application.

ii.

Additional persons. Such additional persons or geographic areas as the Director may designate.

iii.

Subdivision applicants. Subdivision applicants shall comply with notice requirements of C.R.S. § 31-23-214 et seq.

b.

Before the Public Hearing, the applicant shall submit to the Planning and Development Department a notarized affidavit, signed by the person who performed the mailing, that notice was mailed as required by this Subsection.

5.

Property posting notice.

a.

When Table 7.1 requires that notice be posted at the property, the applicant shall cause a notice to be posted on the property for at least fifteen (15) days before the scheduled hearing date. In computing such period, the day of posting shall not be counted, but the day of the hearing shall be counted.

b.

Notice shall be posted along the public street rights-of-way bordering the property, or as otherwise approved by the Director.

c.

Posted notices shall include all the content specified in Subsection 16.7.2.F.1 above except for the legal description.

d.

Before the Public Hearing, the applicant shall submit to the Planning and Development Department a notarized affidavit, signed by the person who did the property posting or the person who caused the posting to be done, that notice was posted and maintained as required by this Subsection.

e.

The applicant is responsible for ensuring that the posted notices remain in place, in legible condition until the Public Hearing is concluded, and for removal of said posted notices within two (2) days after the Public Hearing is concluded.

6.

Constructive notice.

a.

Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this FDC.

b.

When the records of the Town document the publication, mailing, and posting of notices as required by this Section, it shall be presumed that notice of a Public Hearing was given as required by this Section.

7.

Notice of "major activities". Applicants proposing a subdivision or commercial or industrial activity that will cover five (5) or more acres of land shall comply with the notice requirements for "major activities" contained in C.R.S. § 31-23-225.

8.

Mineral owner notice requirements. All development applicants shall comply with the notice requirements contained in C.R.S. § 24-65.5-103, which are designed to protect the interests of mineral owners.

G.

Step 7: Public Hearing. A Public Hearing, if required under this FDC, shall be conducted according to the following procedures:

1.

Rights of all persons. Any person may appear at a Public Hearing and submit evidence, either individually or as a representative of a person or an organization. Each person who appears at a Public Hearing shall state their name, address and, if appearing on behalf of a person or organization, the name and mailing address of the person or organization being represented.

2.

Exclusion of testimony. The decision-maker conducting the Public Hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial, or unduly repetitious.

3.

Continuance of Public Hearing. The decision-maker conducting the Public Hearing may, on its own motion or at the request of any person, continue the Public Hearing to a fixed date, time and place. All continuances shall be granted at the discretion of the body conducting the Public Hearing.

4.

Court reporter. The Director shall have the discretionary authority to require the presence of a court reporter at any Public Hearing required by this Chapter and to assess the cost of such reporter to the applicant.

5.

Order of proceedings at Public Hearing. The order of the proceedings at the Public Hearing shall be as follows:

a.

Opening of Public Hearing. The Public Hearing shall be formally opened by the Town body conducting the Public Hearing.

b.

Staff report presented. The Director or designee shall present a narrative and/or graphic description of the development application. The Director or designee shall present a staff report which includes a written recommendation. The staff presentation may be given before or after the applicant's presentation, at the discretion of the Director. The staff recommendation shall generally address the standards required to be considered by this FDC prior to approval of the development application.

c.

Applicant presentation. The applicant shall present any relevant information the applicant deems appropriate. Copies of all writings or other exhibits that the applicant wishes the decision maker to consider shall be submitted to the Director before the Public Hearing.

d.

Public comment. The public comment portion of the Public Hearing shall be opened and relevant public testimony shall be heard.

e.

Close of public comment. After all public comments are heard, and questions by the decision-maker to clarify comments made by the public, the decision-maker shall close the public comment portion of the Public Hearing.

f.

Staff response. The Director, the Town Attorney, and any other staff member may respond to any statement made or evidence presented by the public, and may answer any questions by the decision-maker to clarify comments by the applicant or the public, if necessary.

g.

Applicant rebuttal. The applicant may respond to any testimony or evidence presented by the public or staff, if necessary.

h.

Close of hearing. After consideration of the development application, the staff report, any additional written and/or exhibit materials submitted, and the evidence from the Public Hearing, the decision-maker shall close the Public Hearing comment portion of the Public Hearing.

i.

Deliberation and action. The decision-maker shall then deliberate and take action in accordance with Section 16.7.2.H below and as modified in the application-specific procedures detailed thereafter as applicable.

H.

Step 8: Decision and findings.

1.

Review and recommendation by Planning and Zoning Commission (if applicable)

a.

The Planning and Zoning Commission shall hold a Public Hearing (if applicable) on the development application. After consideration of the development application, the Staff Report, comments received from other reviewers (if applicable), and the evidence from the public hearing (if applicable), the Planning and Zoning Commission shall recommend that the Board of Trustees approve, approve with modifications, or deny the application based on its compliance with the applicable approval criteria as described in Step 9 of the Common Development Review Procedures and as modified within the application-specific approval criteria.

b.

The Director shall forward the recommendation to approve, approve with modifications, or deny, to the Board of Trustees with an accompanying resolution as applicable.

2.

Decision by Board of Trustees (if applicable). The Board of Trustees shall hold a Public Hearing (if applicable) on the proposed development application. After consideration of the development application, the Staff Report, comments received from other reviewers (if applicable), and the evidence from the public hearing (if applicable), the Board of Trustees shall approve, approve with conditions, or deny the application based on its compliance with the applicable approval criteria as described in Step 9 of the Common Development Review Procedures or as modified within the application-specific approval criteria. The Board of Trustees alternatively may refer the development application to the Planning and Zoning Commission for further consideration.

3.

Decision by Town Staff (if applicable). After consideration of the development application, the staff comments, comments received from other reviewers (if applicable), the Directory of Planning and Development shall approve, approve with conditions, or deny the application based on its compliance with the applicable approval criteria as described in Step 9 of the common development review procedures and as modified within the application-specific approval criteria.

4.

Findings. All decisions shall include at the least the following elements:

a.

A clear statement of approval, approval with conditions, or denial, whichever is appropriate; and

b.

A clear statement of the basis upon which the decision was made, including specific, written findings of fact with reference to the relevant standards of this FDC and other Town regulations, plans and documents.

c.

If denied, or if denial is recommended by the Planning and Zoning Commission, the reasons for denial shall be stated upon the records of that body including within the adopted Resolution or Ordinance as applicable.

5.

Effect of inaction on applications. Except for subdivision applications covered under C.R.S. § 31-23-215, when a review or decision-making body fails to take action on an application within the time required (which varies by type of application), such inaction shall be deemed a denial of the application, unless the decision-making body agrees to an extension of the time frame.

6.

Record of proceedings.

a.

Recording of Public Hearing. The decision-maker conducting the Public Hearing shall record the Public Hearing by any appropriate means. A copy of the Public Hearing record may be acquired by any person upon application to the Town Clerk, and payment of a fee to cover the cost of duplication of the record.

b.

The record. The record shall consist of the following:

i.

All exhibits, including, without limitation, all writings, drawings, maps, charts, graphs, photographs and other tangible items entered into the record by the decision maker at the proceedings.

ii.

All minutes of the proceedings.

iii.

If appealed, a verbatim transcript of the proceedings before the decision maker. The cost of preparing the transcript shall be borne by the applicant.

7.

Recording of decisions and plats.

a.

Filing with Town Clerk. Once approved the decision and required documents of the decision maker shall be filed with the Town Clerk.

b.

Actions requiring recordation with County Clerk and Recorder. Once the plat, map, or plan requiring recordation is approved and all associated conditions, plans, agreements, guarantees, easements, and other required documents are submitted and approved and/or accepted by the Town, the plat, map, or plan and associated agreements and other documents as applicable shall be recorded in the Office of the Weld County Clerk and Recorder. All recording fees shall be paid by the applicant.

I.

Step 9: Approval criteria. To approve a development application, the decision-maker must first determine and find that the development application has satisfied and followed the applicable requirements of this Chapter, the general intent of the Towns' Comprehensive Master Plan and other Town plans and documents as applicable, and meets all of the approval criteria required for the applicable development application, which are set forth in subsequent Sections of this Chapter under "Step 9: Approval criteria."

For denial of an application the decision maker shall determine and find that the development application has not satisfied and followed the applicable requirements of the FDC, the Town's Comprehensive Master Plan and other Town plans and documents, and has not met the approval criteria required for the applicable development application.

J.

Step 10: Conditions of approval.

1.

The decision-maker may impose such conditions on the approval of the application as may be necessary to reduce or minimize any potential adverse impact upon other property in the area, or to carry out the general purpose and general intent of the Town's Comprehensive Master Plan and this FDC. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development. No conditions of approval, except for those attached to variance or minor modification approvals shall be less restrictive than the requirements of this FDC.

2.

The applicant may be required to pay reimbursements to the Town or to a party paying for public improvements and/or land acquisitions for public improvements that benefit the applicant's property or potentially benefit the applicant's property or development thereon. This requirement shall be reflected in any agreements entered into by the applicant and the Town.

K.

Step 11: Amendments.

1.

Minor amendments. Minor amendments to any form of approval issued under this Chapter may be approved, approved with conditions, or denied administratively by the Director and may be authorized without additional Public Hearings. Such minor amendments may be authorized by the Director as long as the development approval, as so amended, continues to comply with the standards of this FDC, at least to the extent of its original compliance (so as to preclude any greater deviation from the standards of this FDC by reason of such amendments). Minor amendments shall only consist of any or all of the following and are subject to the Director's discretion:

a.

Any change to any form of approval issued under this Chapter that was originally subject only to administrative review and was approved by the Director, provided such change would not have disqualified the original plan from administrative review had it been requested at that time; and provided that:

i.

The minor amendment results in an increase by one (1) percent or less in the approved number of dwelling units; or

ii.

The minor amendment results in a decrease in the approved number of dwelling units; or

iii.

The minor amendment results in an increase or decrease in the amount of square footage of a non-residential land use or structure that does not change the character of the project; or

iv.

The minor amendment results in a change in the housing mix or use mix ratio that complies with the requirements of the zoning district and does not change the character of the project; or

v.

The minor amendment does not result in a change in the character of the development.

b.

Any change to any form of approval issued under this Chapter that was originally subject to review and was approved by the Board of Trustees, provided that:

i.

The minor amendment results in an increase by one (1) percent or less in the approved number of dwelling units; or

ii.

The minor amendment results in a decrease in the approved number of dwelling units; or

iii.

The minor amendment results in an increase or decrease in the amount of square footage of a non-residential land use or structure that does not change the character of the project; or

iv.

The minor amendment results in a change in the housing mix or use mix ratio that complies with the requirements of the zoning district and does not change the character of the project; or

v.

The minor amendment does not result in a change in the character of the development.

c.

The Director may refer any amendment to the Board of Trustees and, if so referred, the decision of the Board of Trustees shall constitute a final decision, subject only to appeal as provided for in Section 16.7.20.

2.

Major amendments. Amendments to any approval that are not determined by the Director to be minor amendments under the criteria set forth in Subsection 16.7.2.K.1 above, shall be deemed major amendments. Major amendments to approvals under this FDC shall be reviewed and processed in the same manner as required for the original application for which amendment is sought. Any major amendments shall be recorded as amendments in accordance with the procedures established for the filing and recording of such initial approvals.

L.

Step 12: Lapse.

1.

If applicable, the lapse of approval time frames established by the procedures of this FDC may be extended only when all of the following conditions exist:

a.

The provisions of this FDC must expressly allow the extension;

b.

An extension request must be filed prior to the applicable lapse-of-approval deadline;

c.

The extension request must be in writing and include justification; and

d.

Unless otherwise noted, authority to grant extensions of time shall rest with the decision-making body that granted the original approval.

2.

The conditions of such approvals (if applicable) shall be met within ninety (90) days of approval. The approved documents shall be recorded (if applicable) within ninety (90) days of approval or as otherwise approved by the Decision Making Body. Upon written request by the applicant, the Director may grant one (1) extension for a maximum of ninety (90) days due to unique circumstances that make it impractical to meet conditions of approval or record the approved documents within ninety (90) days from approval.

3.

Approvals of land use applications shall be null and void and shall automatically lapse if not completed or recorded within the approval time frames established by the procedures of this FDC.

(Ord. 982 §§12—16, Att., 2020)

A.

Purpose. Annexation is a discretionary, legislative act. Accordingly, the town shall never be compelled to annex, unless otherwise required by state law, even if all annexation requirements have been satisfied. This Section provides the procedure by which land shall be brought into the municipal limits and jurisdiction of the Town.

B.

Procedures as modified.

1.

Step 2 (Development application submittal). Applicable, with the following modifications, the applicant shall submit an annexation agreement, as follows:

a.

Annexation agreement.

i.

Except for Town-owned property, Town-initiated annexation of enclaves, annexations upon election, or when waived by the Board of Trustees, an annexation agreement is required before the annexation may be approved. The annexation agreement shall identify the mutual understanding of the commitments and responsibilities of both the Town and the property owner(s) about the annexation.

(A)

The Director coordinates all annexation agreement negotiations. The Director prepares the agreement in a form approved by the Town Attorney.

(B)

No ordinance relating to annexation of the property that is the subject of the annexation petition shall proceed to Public Hearing until an annexation agreement in a form approved by the Town Attorney has been signed by the property owner(s).

2.

Step 4 (Application referral, review and staff report). Applicable, with the following additional requirement:

a.

Resolution regarding statutory compliance. The Director shall report to the Board of Trustees an assessment of whether the petition for annexation substantially complies with C.R.S. § 31-12-107. The Board of Trustees shall review the petition and the Director's report and shall, by resolution, make a finding that the petition is or is not in substantial compliance with C.R.S. § 31-12-107.

i.

If the petition is found to be in substantial compliance with C.R.S. § 31-12-107, the procedure outlined in C.R.S. § 31-12-108 to § 31-12-110 shall be followed.

ii.

If the Board of Trustees finds that the petition is not in substantial compliance with C.R.S. § 31-12-107, then no further action shall be taken on the application for annexation.

3.

Step 6 (Notice). Published and posted notice of the Public Hearings required Municipal Annexation Act of 1965 (C.R.S. § 31-12-101, et seq., as amended) shall be provided as required by C.R.S. § 31-12-108. If applicable, the Town shall prepare the annexation impact report in accordance with C.R.S. § 31-12-108.5.

4.

Step 8 (Decision and findings). The following additional procedures shall apply:

a.

Action by Board of Trustees. The Board of Trustees shall hold a hearing on the proposed annexation and, based upon the recommendations of the Director and the applicable approval criteria listed below, approve the annexation by ordinance or deny the annexation.

b.

Annexation ordinance required. After completing a hearing under C.R.S. § 31-12-109 and adopting an appropriate resolution under C.R.S. § 31-12-110, the Board of Trustees may annex the petitioned area by adopting, with or without conditions, an annexation ordinance.

5.

Step 9 (Approval criteria). All annexations shall be reviewed for compliance with the following criteria. However, annexation is a discretionary, legislative act. The Town shall never be compelled to annex, unless otherwise required by state statutes, even if all these review criteria have been satisfied.

a.

The annexation is in compliance with the Municipal Annexation Act of 1965 (C.R.S. § 31-12-101, et seq., as amended).

6.

Step 12 (Lapse). Applicable, as follows:

a.

Annexation not final until satisfaction of all requirements.

i.

Town action on the annexation application shall not become final unless all requirements of the annexation ordinance and state statutes have been satisfied, as certified by the Director.

ii.

If the requirements of the annexation ordinance and state statutes are not satisfied within the applicable time period, the annexation approval shall lapse and be of no further force and effect.

iii.

When all requirements have been satisfied, the ordinance, the annexation agreement, and the annexation map shall be recorded with the Weld County Clerk and Recorder, and the annexation will then be final.

(Ord. 982 Att., 2020)

A.

Purpose. The procedure for establishing or changing the boundaries or area of any zone district, or for establishing or changing the zoning classification of any parcel of land within the Town, as shown on the official zoning map of the Town shall be as provided in this Section. An official map amendment may be required to correct an error in the map, to make adjustments to the official zoning map because of changed or changing conditions in a particular area or in the Town generally, or because of changes in public policy, to rezone an area to implement adopted plans, or to change the regulations and restrictions of an area as reasonably necessary to promote the public health, safety or general welfare of the Town.

B.

Zone districts not available for rezoning. No land may be rezoned into any zone district not established in this FDC. In addition, the adult use overlay district established in this FDC, while mapped on the official zoning map, shall not be applied to any lands after adoption of this FDC.

C.

Initiation. A rezoning may be initiated by:

1.

The owner of the property proposed to be rezoned;

2.

Any person, firm, or corporation with the written consent of the property owner of the property proposed to be rezoned;

3.

The Planning and Zoning Commission ("Town-initiated"); or

4.

The Town Manager of the Town of Firestone ("Town-initiated").

D.

Annexation. The procedure for the initial zoning of property annexed or to be annexed to the Town shall follow, to the extent practicable, the procedures applicable herein to rezonings. In such circumstances, the zoning procedures may be instituted at any time after a resolution of intent to annex is adopted pursuant to C.R.S. § 31-12-106, as amended, or after a petition for annexation or a petition for annexation election has been found to be valid in accordance with C.R.S. § 31-12-107, as amended.

1.

No ordinance initially zoning property annexed to the Town shall be adopted prior to the date the annexation ordinance is adopted on second reading.

2.

Property annexed to the town shall be initially zoned by the Town within ninety (90) days after the effective date of the annexation ordinance. Any requirements set forth herein, and not required by statute, shall be modified to the extent necessary to meet the ninety-day requirement.

E.

Procedures as modified.

1.

Step 2 (Development application submittal). The following additional submittal information shall apply to creation of a design overlay zone district (DO-):

a.

Conceptual site plan. An application for the initial zoning of property annexed or to be annexed to the town shall be accompanied by a conceptual site plan. The conceptual site plan is intended to supply enough information about the development for the Director to evaluate and for the Planning and Zoning Commission and Board of Trustees to make a decision on the rezoning application. The information to be supplied will be determined by the Director as part of the pre-application review, but should generally indicate the feasibility and design characteristics of the development potential of the property.

b.

Final Development Plan. The application for (DO-) rezoning shall include a Final Development Plan prepared to the specifications in the user's guide. The Director shall require sufficient detail in the Final Development Plan to provide an opportunity for the approving bodies to make informed decisions and evaluate compliance with the applicable approval criteria. The application shall include, at a minimum:

i.

A quantitative summary of existing conditions on the subject property, as specified in the user's guide;

ii.

A list of uses to be permitted within the underlying zone district by right and a list of uses to be permitted only with a Special Review Use permit;

iii.

Intensity or density of uses proposed;

iv.

Location of public and private open space, parks and trails;

v.

Location of existing and proposed buildings on the site;

vi.

Road, street, and pedestrian networks proposed;

vii.

Drainage facilities;

viii.

Existing or proposed utilities, public services, and other encumbrances;

ix.

If development is to be phased, a description of the phase components and timing;

x.

A statement that development on the site will meet applicable standards of the underlying zoning district and this FDC, or a statement specifying the standards of the underlying district and this FDC to which modifications are proposed and the justification for such modifications; and

xi.

A statement specifying the public benefit(s) to be contained in or associated with the design overlay district.

2.

Step 8 (Decision and findings). The following additional procedures shall apply:

a.

Protests. If a protest to an official map amendment signed by the owners of twenty (20) percent or more either of (1) the area of the land included in such proposed change; or (2) the total land area from the perimeter of the area proposed for change extending a radius of one hundred (100) feet outside of the perimeter of the area proposed for change, excluding intervening rights-of-way, is filed with the Town Clerk, then the proposed rezoning shall not become effective except by the an affirmative vote of five (5) Board of Trustee members.

i.

For the purpose of defining owners and the area of land represented by the owner, land owned by more than one (1) owner shall be divided to the extent of each owner's percentage of ownership interest in determining whether a protest has the required percentage of signatures.

ii.

All protests to a proposed rezoning and any withdrawal of the protest or specific petition signatures shall be filed with the Town Clerk on or before, and not later than, one (1) business day before the date for the Public Hearing before the Board of Trustees on the proposed rezoning.

b.

Form of amending ordinance. An ordinance amending the zoning map shall contain the following:

i.

The name of each district to which the ordinance applies; and

ii.

The legal description of the land within each zoning district applied by the ordinance.

c.

Recording. The Town Clerk shall record the final action of the Board of Trustees on an official map amendment in the real property records of the Weld County Clerk and Recorder, and shall cause the amendment of the official zone map to designate the subject property according to the amendment. The applicant or owner shall be responsible for all recording fees.

d.

Successive applications. Following denial of an initial zoning with annexation request, no new application for the same or substantially the same zoning shall be accepted within one (1) year of the date of denial.

3.

Step 9 (General review criteria applicable to all official map amendments). The Board of Trustees may approve an official map amendment if the proposed rezoning meets all of the following criteria:

a.

That the proposed zoning promotes the health, safety or welfare of the inhabitants of the Town and the purposes of this FDC;

b.

The proposed zoning is generally consistent with the Town's Comprehensive Master Plan, or the proposed zoning is necessary to provide land for a community need that was not anticipated at the time of the adoption of the Town's plan;

c.

Adequate facilities and services (including streets and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development;

d.

The proposed zoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated;

e.

The proposed zoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject property;

f.

Future uses on the subject property will be compatible in scale with uses on other properties in the vicinity of the subject property; and

g.

The proposed zoning is generally consistent with the Towns' economic development goals and objectives in bring positive growth and sustainable revenues to the Town.

(Ord. 982 Att., 2020)

A.

Applicability.

1.

General.

a.

The procedures of this Section, shall apply to all PUD zone district applications at initial zoning for annexation or as a rezoning of a property from another district.

b.

There shall be no minimum or maximum size required for a PUD zone district application.

c.

The PUD zoning district specific regulations are required to be outlined in a planned unit development-district plan ("PUD-DP"). The PUD-DP shall comprehensively detail the layout and design of the entire PUD zoning district in order to show conformance with the purpose of the PUD zoning district; to illustrate where and how modification of specific FDC regulations will occur; and to delineate where and how a greater public benefit has been provided. The PUD-DP is required to be approved before development may occur.

d.

The PUD zoning district application may propose modifications to:

i.

Chapter 3: Use Regulations;

ii.

Chapter 4: Dimensional Standards;

iii.

Section 16.5.4: Layout and design of subdivisions; and

iv.

Chapter 6: Development and Design Standards.

e.

The provisions of the PUD-DP shall govern the development within the PUD zone district provided, however, that where the provisions of the PUD-DP do not address a particular subject, the relevant provisions of the FDC, as amended, or any other applicable ordinance or regulation of the Town shall be applicable.

B.

Procedures as modified.

1.

Step 1: (Pre-application conference). Applicable. The pre-application conference content should additionally include a list, provided by the applicant, of all the proposed modifications of the FDC. Staff will review the applicant's proposed modifications and recommend whether or not the PUD zoning district application is the most appropriate and efficient land use application for the applicant's need. Other FDC modification options available to an applicant, which may be recommended by staff, include the alternative equivalent compliance process in Subsection 16.6.1.C. or the overlay district in Subsection 16.2.6.D.

2.

Step 2: (Development application submittal). The following additional development application submittal requirements shall also apply.

a.

Choice of a PUD district plan type:

i.

General PUD district plan. If development is to proceed in phases or over an extended period of time, or if more general zoning is desired prior to preparation of more detailed final development and pre-construction plans, the applicant may submit a "general PUD district plan" covering the entire PUD district area. After the PUD district rezoning with a general PUD district plan is approved, one or more Final Development Plans shall be submitted for each phase of development and shall follow the general development concept established in the general PUD district plan. See Section 16.7.10, Final Development Plan, for the procedure and review criteria applicable to Final Development Plans.

ii.

Detailed PUD district plan. If development is not to be completed in phases or over an extended period of time, or if an applicant is prepared to submit more detailed Final Development Plan or pre-construction plans, the applicant may submit a "detailed PUD district plan" covering the entire PUD district area. After the PUD district rezoning with a detailed PUD district plan is approved, the detailed PUD district plan shall constitute a Final Development Plan, enabling the applicant to proceed directly to final zoning/building permit approval (no intervening Final Development Plan review step under Section 16.7.10).

b.

PUD district plan contents—Permitted uses and procedures. All PUD district plans shall specify permitted primary, accessory and temporary uses, and may specify applicable use and development review procedures, in compliance with the following standards.

i.

A PUD district plan shall permit any use which is a permitted use in any zone district when such use is provided for, enumerated, and approved in the PUD district plan.

ii.

All use limitations in this FDC shall apply to the uses in the PUD District unless expressly waived or modified in the PUD district plan.

iii.

A PUD district plan may subject the establishment of a permitted use or the development of an allowed building form to any procedure established in Chapter 7. However, a PUD district plan shall not establish or include any use or development review procedure different from a procedure established in Chapter 7.

iv.

A PUD District Plan may provide for future amendment by subarea, platted lots, or metes and bounds parcels, as allowed in Section 16.7.5.D.5, Amendments to approved PUD district plan.

c.

PUD district plan contents—Applicable design standards.

i.

Required PUD district plan elements. While the level of detail will vary between a general PUD district plan and a detailed PUD district plan, all PUD district plans shall include or address the following elements, through specific standards wherever possible. Applications for the PUD zoning district shall provide application materials similar to what is submitted for a Preliminary Plat application. Applications that include residential (other than single-family), public and institutional, commercial or manufacturing and light industrial land uses shall additionally provide application materials similar to what is submitted for a Final Development Plan application. The Director may waive submittal information below if the anticipated impact of the proposed development is minimal or the submittal information is not relevant to the specific application.

(A)

A written statement that contains information regarding:

(1)

The character and development concept for the PUD district.

(2)

A comparative chart that lists the FDC regulation that is requested to be modified and the proposed modified PUD regulation that will replace it.

(3)

Justification statement for each requested modification to the FDC regulations.

(4)

Identification of the greater public benefit provided within the PUD zone district.

(5)

A development schedule that identifies timing and phasing of development.

(6)

General consistency of the development with the Town of Firestone Comprehensive Master Plan; Transportation Master Plan; POST Master Plan, and other pertinent Town plan and policy documents.

(7)

General compatibility with, and effect on, surrounding properties.

(8)

Provision for adequate, police, fire, and school services.

(B)

A PUD-DP that contains:

(1)

The requested modifications to the FDC regulations.

(2)

A land use summary chart that identifies, by each land use type, the:

(i)

Area and percent of total area;

(ii)

Number of lots;

(iii)

Number of dwelling units;

(iv)

Dwelling units per gross acreage;

(v)

Square footage of non-residential;

(vi)

Minimum lot sizes;

(vii)

Minimum setbacks;

(viii)

Maximum building height;

(ix)

Principal and accessory uses permitted by right and by Special Review Use;

(x)

Parks and open space dedication total;

(xi)

Private parks and open space total; and

(xii)

Parking requirements.

(3)

Lot, block and tract layout.

(4)

Existing and proposed easements.

(5)

Existing and proposed street rights-of-way.

(6)

Utility plan.

(7)

Grading and drainage plan.

(8)

Oil/gas plan for plugged and abandoned, existing, and proposed facilities, easements, and setbacks.

(9)

Natural and scenic resource protection plan.

(10)

Landscape plan.

(11)

Park, open space and trails plan.

(12)

General location and size of all existing and proposed structures.

(13)

Building floor plans and architectural elevations.

(14)

Parking, loading, and vehicular and pedestrian circulation.

(15)

Signage.

(16)

Photometric plan (single-family residential excepted).

(C)

Additional provisions:

(1)

The Town may require additional reasonable provisions as appear necessary or desirable for the protection of adjoining or nearby properties and to fully evaluate the proposed modifications to the FDC regulations.

(2)

In addition to the required elements stated in this subsection, a PUD district plan may include design standards different than the type and subject matter of standards included in this Code, including without limitation, enhanced streetscape standards, minimum open space configuration or design standards, and minimum architectural design standards for buildings in the PUD District.

3.

Step 8: (Decision and findings). The following additional procedures shall apply:

a.

Official zoning map. PUD districts approved in accordance with the provisions of this Section shall be referenced on the official zoning map.

b.

Recording. Following approval of the PUD zone district application, the Town shall record the PUD-DP, and other appropriate associated documents, in the office of the Weld County Clerk and Recorder. The applicant shall be responsible for all required recording fees.

c.

Successive applications. Following denial of a PUD zone district application, no new application for the same or substantially the same PUD zone district application shall be accepted within one (1) year of the date of denial.

4.

Step 9: (Additional review criteria for rezoning to PUD district). In addition to the general review criteria stated in 16.7.4 (Step 9 of Section 16.7.4), the Board of Trustees shall find:

a.

The PUD district zoning is generally consistent with the purpose of the PUD zone district as set forth in FDC Section 16.2.5

b.

The PUD district and the PUD district plan comply with all applicable standards and criteria stated in Section 16.7.5.

c.

The development proposed on the subject property is not feasible under any other zone districts, and would require an unreasonable number of variances or waivers and conditions.

d.

The PUD District and the PUD district plan establish permitted uses that are compatible with existing land uses adjacent to the subject property.

e.

The PUD District and the PUD district plan establish permitted building forms that are compatible with adjacent existing building forms, or which are made compatible through appropriate transitions at the boundaries of the PUD district plan (e.g., through decreases in building height; through significant distance or separation by rights-of-way, landscaping or similar features; or through innovative building design).

5.

Step 11: (Minor modifications and amendments).

a.

Any changes that constitute amendments under Section 16.2.4.E.7 require the filing of new application for a PUD District, subject to the submittal requirements listed above in Subsection 16.7.5.B.2., and shall follow the process identified in Subsection 16.7.5.B. The Board of Trustee's action regarding an application for an amended PUD-DP shall be by ordinance, following a recommendation from the planning commission.

6.

Step 12: (Lapse). Applicable, as modified:

a.

The PUD-DP and other appropriate associated documents to the approved PUD zone district shall be recorded within ninety (90) days of approval or as otherwise approved by ordinance. Upon written request by the applicant or staff, the Director may grant two (2) extensions for a maximum of sixty (60) days each due to unique circumstances that make it impracticable to file the documents.

b.

Effect of approved detailed PUD district plans.

i.

The standards and provisions of an approved detailed PUD district plan shall constitute the zoning regulations for use and development of the subject property. Approval of a detailed PUD district plan shall constitute Final Development Plan review for zoning compliance purposes only under Section 16.7.13 and building permits may be issued and site work commenced according to the approved detailed PUD district plan.

ii.

An approved detailed PUD district plan shall expire after three (3) years from the date of Board of Trustees approval, if a building permit (as applicable) has not been obtained and construction of a walled and roofed building intended as shelter for a use or occupancy permitted within the PUD zone district has not started.

iii.

The Board of Trustees may extend the original three-year expiration time frame for detailed PUD district plans, by ordinance preceded by a Public Hearing, for up to an additional twelve (12) months for good cause, including but not limited to a showing that development was delayed by economic or physical problems beyond the applicant's or property owner's control.

c.

Effect of approved general PUD district plans.

i.

Within a PUD District subject to an approved general PUD district plan, no building permits may be issued and no work may commence until a Final Development Plan has been approved according to Section 16.7.10, or unless a detailed PUD district plan for a portion or portions of the PUD district has been approved by the Board of Trustees according to Section 16.7.5 of this FDC.

ii.

A Final Development Plan within a PUD District may be for the entirety of the district, or for only one or more phases of the entire PUD District area. The approval of a Final Development Plan for any one phase of the PUD District may be contingent on improvements that involve other or all phases. In any Final Development Plan application for less than the entirety of the PUD District, the applicant shall submit plan exhibits that clearly show the relation of the subject site development phase(s) to the remainder of the PUD District area.

iii.

The standards and provisions of the approved PUD District subject to a general PUD district plan, together with all approved Final Development Plans for the PUD District, shall constitute the zoning regulations regulating all use and development of the subject property.

d.

Areas covered by an approved PUD District with a General PUD District Plan may be considered by the Board of Trustees for rezoning to a more appropriate classification under this FDC, if a complete final development plan for at least one phase of the PUD District has not been submitted within thirty (30) months following approval of the PUD District with a General PUD District Plan. The Board of Trustee's actions regarding a rezoning of the property shall be by ordinance at a Public Hearing, following a recommendation by the planning commission. Alternatively, the Board of Trustees may consider revoking the PUD-DP from the PUD zone district. The revocation of the PUD-DP shall be heard before the Planning and Zoning Commission, wherein the Planning and Zoning Commission shall make a recommendation to the Board of Trustees. The revocation of the PUD-DP shall then be heard by the Board of Trustees at a Public Hearing where a final determination shall be made.

i.

If a PUD-DP has been revoked by the Board of Trustees, the property will remain zoned as a PUD zone district without a PUD-DP. Development of the property, as a PUD zone district, will require a new PUD-DP that shall be reviewed and processed in the same manner as required for the original application.

e.

The Public Hearing shall be subject to the Town Notice (Subsection 16.7.2.F.3.), mailed notice (Subsection 16.7.2.F.4), and posted notice (Subsection 16.7.2.F.5.) requirements as well as the Public Hearing requirements of Subsection 16.7.2.G.

(Ord. 982 §§17, 18, Att., 2020)

A.

Purpose. The purpose of the subdivision review process is to ensure compliance with the subdivision standards and requirements set forth in Chapter 6, while encouraging quality development generally consistent with the goals, policies, and objectives found in the Town's Comprehensive Master Plan.

B.

Applicability.

1.

General. The procedures of this Section, and the standards and requirements set forth in Chapter 6, shall apply to all subdivisions or re-subdivisions that result in the portioning, dividing, combining, or altering of any lot, parcel, or tract of land, including subdivisions or re-subdivisions created by an exercise of the power of eminent domain by an agency of the state or Town, unless specifically excluded by state statute.

2.

Preliminary plat—Final plat process. If the subdivision is not a lot line adjustment or minor subdivision, the subdivision shall follow the Preliminary Plat and final plat processes in Sections 16.7.6.C and 16.7.6.D.

3.

Lot line adjustment and minor plat process. The Board of Trustees expressly delegates and grants to the Director the authority to review and approve through the administrative process lot line adjustments and minor subdivisions. The authority granted and delegated hereby shall include the authority to execute and file with the office of the county clerk and recorder a subdivision plat conforming to the requirements of this Section. The authority granted and delegated hereby is subject to the following conditions and limitations: (a) No lot split shall be permitted unless both resulting lots abut a street or road on at least one entire side of such lot; (b) No lot split shall be permitted unless both resulting lots meet the minimum lot size requirements of the zone district in which the lots are located; (c) The resulting lots can be served by municipal services through existing public improvements or through the construction of public improvements; (d) If, at the Director's discretion, the lot line adjustment or minor subdivision does not alter the character of the subdivision nor adversely affect the functions of transportation, utilities, drainage, and other services and providers; and (e) the lot line adjustment or minor subdivision is not being utilized to circumvent the regular process of review or other provisions of the subdivision design standards, particularly as it pertains to the number of lots created by the process itself, the impacts of the development or improvements, or in conjunction with other lot line adjustment or minor subdivision applications.

4.

Subdivision approval is prerequisite to other approvals.

a.

No building permit or certificate of occupancy may be issued for any building, structure, or improvement located within a subdivision until:

i.

A plat for the subdivision has been approved and recorded and all required dedications of land have been made, and all required improvements have been installed in accordance with the procedures and requirements of this Section; or

ii.

A plat for the subdivision of land has been approved and recorded and a subdivision agreement has been executed that provides for future improvements pursuant to Section 16.7.16.

5.

Restriction on sale or transfer of subdivided land without approved plat. Any person who transfers or sells any land located within the Town by reference to a plat that has not been approved by the Town and recorded by Weld County shall be guilty of a violation of this FDC. The Town also may enjoin such transfer or sale by filing an action for an injunction.

6.

Existing lots of record. No provision of this Section or Chapter 6 applies to any lot in a subdivision legally created and filed of record before the effective date of this FDC, unless the lot is further subdivided.

C.

Procedures as modified for review of Preliminary Plats.

1.

Step 2 (Development application submittal). The following additional development application submittal requirements shall also apply.

A Preliminary Plat shall include all land under contiguous ownership unless separate legal descriptions exist as a matter of record. If only a portion of the land is intended for immediate development, the remaining portion shall be given a tract number and shall be considered a part of the Preliminary Plat.

2.

Step 8 (Decision and findings). The following additional procedures shall apply:

a.

Additional documentation. In its review of the Preliminary Plat the Board of Trustees and/or the Planning and Zoning Commission may determine that additional maps, reports, certifications, or agreements are necessary before making a decision on the proposal. In such cases either decision making body may require that the additional evidence be submitted before a finding is made.

b.

Effect of approval. Following approval of a Preliminary Plat, applicant shall submit signed, full-size paper copies of the plat. This plat, along with the approving resolution, shall be kept in the Office of the Town Clerk. Approval of the Preliminary Plat does not constitute approval of the final plat. The Preliminary Plat shall not be recorded and use of the Preliminary Plat for the purpose of selling or transferring interests in real estate shall be deemed a violation of this FDC.

c.

Construction work. No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the final plat; however, the subdivider may undertake certain ground excavations for grading and drainage purposes if the proper permits are issued by the Town Engineer, and/or Public Works Department, at the subdivider's risk.

d.

New application following denial. No new application for the same or substantially the same Preliminary Plat shall be accepted by the Director within one (1) year of denial of the original application. The waiting period required by this Section may be waived in an individual case, based upon new evidence or changed circumstances, by the Director.

3.

Step 9 (Approval criteria). The Planning and Zoning Commission and Board of Trustees shall hold at least one (1) Public Hearing on the submitted plat. During the public hearing, the Planning and Zoning Commission and Board of Trustees may approved upon findings that all of the following criteria have been met:

a.

The subdivision is generally consistent with the Town's Comprehensive Master Plan.

b.

The subdivision is generally consistent with and implements the intent of the specific zoning district in which it is located.

c.

The general layout of lots, streets, driveways, utilities, drainage facilities, and other services within the proposed subdivision is designed to meet the Town's standards related to health and safety and in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this FDC.

d.

The subdivision complies with all applicable use, development, and design standards set forth in Chapters 3, 5 and 6 of this FDC that have not otherwise been modified or waived pursuant to this Chapter or this FDC.

e.

The subdivision complies with all applicable regulations, standards, requirements, or plans of the federal or state governments and other relevant jurisdictions, including but not limited to wetlands, water quality, erosion control, and wastewater regulations.

f.

The subdivision will not result in significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated.

g.

The subdivision shall be integrated and connected, where appropriate, with adjacent development through street connections, sidewalks, trails, and similar features.

h.

The subdivision will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially mitigated.

i.

Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the subject property, while maintaining sufficient levels of service to existing development.

j.

As applicable, the proposed phasing plan for development of the subdivision is rational in terms of available infrastructure capacity.

4.

Step 12 (Lapse). Applicable, as modified:

a.

Approval of a Preliminary Plat shall be effective for two (2) years. If no development or change in requirements has occurred that would affect the proposed plat at the end of the effective approval period, the Board of Trustees may, at the request of the applicant, extend its approval an additional year without the submission of a new Preliminary Plat by re-approving the original Preliminary Plat. No extensions of approval shall be granted more than once.

b.

An approved Preliminary Plat shall lapse and be of no further force and effect if a complete final plat application for the subdivision or a phase of the subdivision has not been submitted within two (2) years after the approval date of the Preliminary Plat or within the Board of Trustees approved extension period. In the case of partial final plat submission or subsequent partial final plat submissions, the approval of the remaining portion of the Preliminary Plat shall automatically gain an extension of one (1) year with each final plat.

D.

Procedures as modified for review of final plats.

1.

Step 2 (Development application submittal). The purpose of the final plat is to review the proposed subdivision for proper final engineering subdivision design; for legal requirements to properly represent real estate interests; to provide for dedication of lands required for public use and for the construction of public improvements; and for conformance with the form of the Preliminary Plat.

The applicant may proceed with the preparation of the final plat and other documents to be submitted with the application simultaneously with, or following approval of the Preliminary Plat, at the risk of the subdivider. No final action shall be taken on a final plat until the corresponding Preliminary Plat has been approved and, if applicable, associated approval conditions have been satisfied.

2.

Step 8 (Decision and findings). The following additional procedures shall apply:

a.

Board of Trustees action. The Board of Trustees shall review at a public meeting the final plat for conformance with the preliminary plat and the applicable approval criteria listed below. The Board of Trustees has final authority to approve, approve with conditions, or disapprove the final plat, accept the dedications, and to enter into and authorize the execution of a development agreement associated with the final plat or to refer the final plat to the Planning and Zoning Commission. Said referral of the final plat to the Planning and Zoning Commission shall outline the reasons for this referral.

b.

Final plats that differ from approved preliminary plats. If there are significant changes on the final plat from the form of the approved preliminary plat, the Final Plat submittal shall require review and approval in the same manner as the Preliminary Plat (i.e., hearings before the Planning and Zoning Commission and the Board of Trustees). Significant changes include, but are not limited to, modifications of street patterns, lot layout, drainage ways, grading, density, utility systems or public improvements. The Director shall review the final plat changes to determine the conformance to the preliminary plat, and shall determine if the changes are sufficiently significant to require a new preliminary plat submittal. The subdivider may appeal the Director's decision to the Planning and Zoning Commission within fourteen (14) days of the decision.

c.

Effect of approval.

i.

Recording. Within sixty (60) days of Board of Trustees approval of a Final Plat, which shall have all permitted modifications, waivers, or variances expressly noted thereon, the applicant shall provide to the Town one (1) fully executed copy of the approved Final Plat along with such other documents and fees as may be required by the Board of Trustees or this FDC. The Final Plat shall be signed by the Mayor and other authorized Town representatives. The Town shall then record the Final Plat and any signed Subdivision Agreement in the office of the Weld County Clerk and Recorder. The applicant shall pay all required recording fees. The time periods provided for in this section may be extended for an additional sixty (60) days by the Director upon written request and a showing of good cause. Board of Trustees approval of any final plat shall be void if the applicant fails to comply with the time requirements of this Section.

d.

Improvement guarantees. The subdivider shall provide any required guarantees to the Town Clerk prior to the recording of the Final Plat, unless otherwise authorized by the Board of Trustees. Improvement Guarantees shall be in a form specified and subject to the requirements and conditions detailed within this FDC, the Town's Standards and Specifications, and the approved and executed Subdivision Agreement.

e.

Subdivision agreements. The Mayor or other authorized Town representative shall sign any related Subdivision Agreement.

f.

Construction work. No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the Final Plat. The subdivider may undertake certain ground excavations for grading and drainage purposes if the proper permits are issued by the Town Engineer at the subdivider's risk.

3.

Step 9 (Approval criteria). The Board of Trustees shall consider, the following criteria:

a.

The final plat is found to be in substantial compliance with all respects of the approved Preliminary Plat and incorporates all recommended changes, modifications, and conditions attached to approval of the Preliminary Plat;

b.

Plans and specifications for improvements connected with development of the subdivision comply with the subdivision development and design standards set forth in Chapter 6 of this FDC, and any other relevant Town, County, State, or Federal regulations, except to the extent modifications, variances, or exceptions have been expressly permitted by the terms of the Preliminary Plat approval. All construction plans for improvements shall be approved by the Town Engineer prior to the Board of Trustees action on the Final Plat;

c.

The applicant has either installed all required improvements or has executed a subdivision agreement pursuant to Section 16.7.16; and

d.

The applicant has paid or satisfied all applicable fees and charges;

4.

Step 11 (Amendments).

a.

Minor amendments. The Director may approve minor amendments to approved plats, which shall be recorded and shall control over the preceding final plat without vacation of that plat, if the application is signed by the applicants only and the sole purpose of the amending plat is to:

i.

Correct an error in a course or distance shown on the preceding plat;

ii.

Add a course or distance that was omitted on the preceding plat;

iii.

Correct an error in a real property description shown on the preceding plat;

iv.

Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;

v.

Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;

vi.

Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;

vii.

Correct an error in courses and distances of lot lines between two (2) adjacent lots if:

(A)

Both lot owners join in the application for amending the plat;

(B)

Neither lot is abolished;

(C)

The amendment does not attempt to remove recorded covenants or restrictions; and

(D)

The amendment does not have a material adverse effect on the property rights of the owners in the plat;

viii.

Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; or

ix.

Relocate or remove one or more lot lines between one or more adjacent lots if all of the following have been met:

(A)

The owners of all those lots join in the application for amending the plat;

(B)

Lots must be combined so that no lot is created as a non-conforming lot, and no existing non-conforming lot remains.

(C)

The amendment does not attempt to remove recorded covenants or restrictions; and

(D)

The amendment does not increase the number of lots.

E.

Procedures as modified for review of lot line adjustment and minor plats.

1.

Applicability. The procedure set forth in this Section shall apply to all subdivisions that qualify as lot line adjustments or minor subdivisions, as defined by this FDC, except for non-residential minor subdivisions.

2.

Step 8 (Decision and findings). The Director shall review each lot line adjustment application or proposed minor plat relative to the applicable approval criteria listed below. All construction plans for subdivision-related public improvements shall be referred to the Town Engineer, Director of Public Works, and applicable utility providers for review and approval. Based on the results of those reviews, the Director shall act to approve, approve with conditions, or deny the lot line adjustment application or proposed minor plat. The Director shall make a final decision on the lot line adjustment plat or minor plat.

3.

Step 9 (Approval criteria). The Director shall approve a lot line adjustment or Minor Plat application if it meets the following criteria:

a.

The lot line adjustment plat or minor plat is generally consistent with the Town's Comprehensive Master Plan;

b.

The lot line adjustment plat or minor plat is generally consistent with and implements the intent of the specific zoning district in which it is located;

c.

As applicable, the minor plat is generally consistent with the terms and conditions of any previously approved development plan;

d.

The lot line adjustment plat or minor plat complies with all applicable use, development, and design standards set forth in this FDC;

e.

Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the subject property, while maintaining sufficient levels of service to existing development; and

f.

The lot line adjustment plat or minor plat will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially mitigated;

F.

Procedure as modified for non-residential subdivisions.

1.

Applicability. The procedure set forth in this Section shall apply to all subdivisions that qualify as non-residential subdivisions, as defined by this FDC.

2.

Step 8 (Decisions and findings). The Board of Trustees shall review at a Public Hearing the final plat for conformance with the applicable approval criteria listed below. The Board of Trustees shall, within thirty (30) days of the close of the Public Hearing on the final plat, approve, approve with conditions, or disapprove the final plat as presented, accept the dedications as presented, and enter into and authorize the execution of a development agreement associated with the final plat.

3.

Step 9 (Approval criteria). The Board of Trustees shall approve a non-residential subdivision application if it meets the following criteria:

a.

The final plat is generally consistent with the Town's Comprehensive Master Plan;

b.

The final plat is generally consistent with and implements the intent of the specific zoning district in which it is located;

c.

As applicable, the final plat is generally consistent with the terms and conditions of any previously approved development plan;

d.

The final plat complies with all applicable use, development, and design standards set forth in this FDC;

e.

Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the subject property, while maintaining sufficient levels of service to existing development; and

f.

The final plat will not result in significant adverse impacts on adjacent properties, or such impacts will be substantially mitigated.

4.

Step 11 (Amendments).

a.

Minor amendments. The Director may approve minor amendments to approved plats, which shall be recorded and shall control over the preceding non-residential plat without vacation of that plat, if the application is signed by the applicants only and the sole purpose of the amending plat is to:

i.

Correct an error in a course or distance shown on the preceding plat;

ii.

Add a course or distance that was omitted on the preceding plat;

iii.

Correct an error in a real property description shown on the preceding plat;

iv.

Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;

v.

Correct an error in courses and distances of lot lines between two (2) adjacent lots if:

(A)

Both lot owners join in the application for amending the plat;

(B)

Neither lot is abolished;

(C)

The amendment does not attempt to remove recorded covenants or restrictions; and

(D)

The amendment does not have a material adverse effect on the property rights of the owners in the plat;

vi.

Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement; or

vii.

Relocate or remove one or more lot lines between one or more adjacent lots if all of the following have been met:

(A)

The owners of all those lots join in the application for amending the plat;

(B)

Lots must be combined so that no lot is created as a non-conforming lot, and no existing non-conforming lot remains.

(C)

The amendment does not attempt to remove recorded covenants or restrictions; and

viii.

Add one (1) lot line between two (2) adjacent lots if, at the Director's discretion, the lot line does not alter the character of the subdivision nor adversely affect the functions of transportation, utilities, drainage, and other services and providers.

(Ord. 982 Att., 2020)

A.

Purpose and scope. This Section sets forth the required review and approval procedures for "Minor Modifications," which are adjustments to certain provisions of this Code otherwise applicable to a property pursuant to the procedures in this Section. Minor Modifications may authorize minor changes to pending applications, or to approved plans and permits, and relief from specified standards as stated in this Section. Minor Modifications are intended to relieve unnecessary hardship in complying with the strict letter of this FDC or with overriding Federal law, and to promote context-sensitive development, which are minor deviations from otherwise applicable standards that may be approved by the Board of Trustees or the Director. Minor Modifications are to be used when the small size of the modification requested, and the unlikelihood of any adverse effects on nearby properties or the neighborhood, make it unnecessary to complete a formal Variance process. Minor Modifications are not intended to relieve specific cases of financial hardship, nor to allow circumventing the intent of this FDC and its standards.

B.

Applicability.

1.

Administrative adjustments to relieve unnecessary hardship. As part of the review and approval of any procedure set forth in this Chapter, the Board of Trustees or the Director may approve adjustments of up to a maximum of ten (10) percent from the following general development and zoning district standards, including Design Overlay (DO-) and Planned Unit Development (PUD) District standards, provided that the applicable approval criteria listed in Section 16.7.7 C.2 are met.

a.

Minimum lot area requirements;

b.

Setback, building, and height requirements;

c.

Subdivision design and improvement standards set forth in Section 5.4; and

d.

Quantitative development standards set forth in Chapter 6 (e.g., number of parking spaces);

2.

Minor modifications to ensure compliance with federal law.

a.

Compliance with Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

i.

The Board of Trustees or the Director may grant minor modifications to any use, building form, or design standard stated in Chapters 3, 4, and 6 of this FDC in order to eliminate a substantial burden on religious exercise as guaranteed by the RLUIPA, as amended.

ii.

In no circumstance shall the Board of Trustees or the Director approve an adjustment that allows a religious assembly use, or any uses/structures/activities accessory to it, in a zone district where this FDC prohibits such use or accessory use/structure/activity.

iii.

In granting an administrative adjustment, the Board of Trustees or the Director may require conditions that will secure substantially the objectives of the modified standard and that will substantially mitigate any potential adverse impact on the environment or on adjacent properties, including but not limited to additional landscaping or screening.

b.

Reasonable accommodations under Federal Fair Housing Act (FFHA).

i.

The Board of Trustees or the Director may grant administrative adjustments to provide reasonable accommodations under the FFHA. In the application for an administrative adjustment under this subsection, the applicant shall identify the type of housing being provided and cite the specific provisions of the FFHA that require reasonable accommodations be made for such housing. The Board of Trustees or the Director may grant the following types of administrative adjustments to assure reasonable accommodations required by law:

(A)

Modify any minimum distance or spacing requirements, building setback, height, open space or building coverage, or landscaping requirement by no more than ten (10) percent; or

(B)

Reduce any off-street parking requirement by no more than one (1) space.

(C)

The Board of Trustees or the Director may approve a type of reasonable accommodation different from that requested by the applicant if the Director concludes that a different form of accommodation would satisfy the requirements of the FFHA with fewer adverse impacts on adjacent areas. The decision of the Director shall be accompanied by written findings of fact as to the applicability of the FFHA, the need for reasonable accommodations, and the authority for any reasonable accommodations approved. Requests for types of accommodation that are not listed above may only be approved through a variance or official map amendment (rezoning) process.

C.

Procedures as modified.

1.

Step 8 (Decision and findings). The following additional procedures shall apply:

a.

Minor modifications approved by Director of Planning and Development. The Director may initiate or approve a minor modification permitted under this section on an application prior to approval if the request for such administrative adjustment is submitted concurrently with any other required development application.

b.

Minor modifications approved by the Board of Trustees. The Board of Trustees may initiate or approve a minor modification permitted under this section on an application during consideration and approval of a development application if the request for such administrative adjustment is submitted concurrently with any other required development application.

c.

Noted on approving documents. Any approved minor modifications shall be specified on the approved plat, development plan, approval letter or approving document for which the modifications were sought.

d.

Conditions of approval. The Board of Trustees or the Director may attach any condition to approval to a minor modification reasonably necessary to protect the health, safety and welfare of the community, to secure substantially the objectives of the modified standard, and to minimize adverse impacts on adjacent properties.

2.

Step 9 (Approval criteria). The Board of Trustees or the Director may approve the minor modification only upon finding that at least one (1) of the following approval criteria is met:

a.

The adjustment is necessary to satisfy the federal requirements for reasonable accommodation of housing for protected groups under the Federal Fair Housing Act as provided in Section 7.7.B 2.B; or

b.

The adjustment is necessary to eliminate a substantial burden on religious exercise as guaranteed by the federal Religious Land Use and Institutionalized Persons Act of 2000 as provided in Section 7.7.B 2.A.; or

c.

All of the following criteria have been met:

i.

The requested modification is generally consistent with the Town's Comprehensive Master Plan and the stated purpose of this FDC;

ii.

The requested adjustment is consistent with the stated intent and purpose of the applicable zone district or approved PUD district plan, if applicable;

iii.

The requested modification meets all other applicable building and safety codes;

iv.

The requested modification does not encroach into an easement;

v.

The requested modification will have no significant adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impacts will be substantially mitigated.

(Ord. No. 1022, §§ 10—12, 12-14-2022; Ord. 982 Att., 2020)

A.

Purpose and scope. The variance process is intended to provide limited relief from the requirements of this FDC in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise permitted under this FDC. It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this FDC may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this FDC render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. State and/or federal laws or requirements may not be varied by the Town.

B.

Limitations.

1.

No variance shall be granted to permit a use of land not otherwise permitted in the applicable zone district.

2.

No variance shall be granted to increase to the size or height of signs by more than ten (10) percent above the requirements and limitations of this FDC.

3.

No variance in lot width or lot area shall be granted if the requested variance is associated with a request to subdivide a lot or parcel of property into two (2) or more lots. Any such request will be considered as a part of the subdivision process, except that no minor subdivision plat shall be processed by the town if it involves a lot width or area variance.

4.

No variance shall be granted to decrease the amount of required parking by more than ten (10) percent below the requirements of this FDC.

5.

The Board of Adjustment may not change or alter this FDC or change the zoning district map of the town.

C.

Procedures as modified.

1.

Step 3 (Determination of application completeness). Applicable, with the following modification: A request for Variance may be initiated only by the property owner or their authorized representative. The application must state the relief sought and specify the facts or circumstances that are alleged to show that the application meets the approval criteria listed below.

2.

Step 8 (Decision and findings). The following additional procedures shall apply:

a.

Board of Adjustment review and decision.

i.

Upon receiving the application materials from the Director, the Board of Adjustment shall hold a Public Hearing on the proposed variance. Town, published, and posting notice of the hearing shall be provided pursuant to Subsection 16.7.2.F.

ii.

In considering the application, the Board of Adjustment shall review the application materials, the applicable approval criteria below, and all testimony and evidence received at the Public Hearing.

iii.

After conducting the Public Hearing, the Board of Adjustment may: deny; conduct an additional Public Hearing; or approve the requested Variance. Any approval or denial of the request shall be by resolution, accompanied by written findings of fact that the Variance meets or does not meet each of the criteria set forth in below, stating the reasons for such findings. A concurring vote of a majority of the fully constituted membership of the Board of Adjustment shall be required to grant a Variance.

iv.

In approving any Variance, the Board of Adjustment may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this FDC or to mitigate anticipated impacts of the variance.

b.

Recording. Variances approved by the Board of Adjustment shall be recorded with the Weld County Clerk and Recorder.

3.

Step 9 (Approval criteria). The Board of Adjustment may approve a variance only if it finds that there is an unnecessary hardship whereby the application satisfies the criteria of any one of paragraph a or b or c of this Subsection and satisfies the criteria of paragraph d of this Subsection:

a.

Disability.

i.

There is a disability affecting the owners or tenants of the property or any member of the family of an owner or tenant who resides on the property, which impairs the ability of the disabled person to utilize or access the property;

b.

Unusual conditions.

i.

There are unusual physical circumstances or conditions, including, without limitation: irregularity, narrowness or shallowness of the lot; or exceptional topographical or other physical conditions peculiar to the affected property; or unusual physical circumstances or conditions arising from an existing, nonconforming or compliant structure on the affected property; and

ii.

The circumstances or conditions do not exist throughout the neighborhood or zone district in which the property is located, or the circumstances or conditions relate to drainage conditions and challenges found consistently throughout the neighborhood or zone district in which the property is located;

iii.

The development or use of the property cannot yield a reasonable return in service, use or income as compared to adjacent conforming property in the same district; however loss of a financial advantage, hardship that is solely financial, or the fact that a more profitable use of the property might be had if a variance were granted are not grounds for a variance;

iv.

The unusual physical circumstances or conditions have not been created by the applicant;

c.

Compatibility with existing neighborhood.

i.

The property could be reasonably developed in conformity with the provisions of this FDC, but the proposed variance will result in a building form that is reasonable, customary and consistent with or more compatible, in terms of building height, siting, and design elements, with the existing neighborhood in which the subject property is located.

d.

Review criteria—Applicable to all variance requests. The Board of Adjustment may grant a variance only if the Board of Adjustment finds that:

i.

The hardship is not shared by many surrounding properties; and

ii.

The variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property; and

iii.

The variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions of this FDC which are in question; and

iv.

The Variance, if granted, would not grant a change to either (a) a condition attached to an approved rezoning or special use, or (b) an approved PUD District plan that would constitute an "amendment" under Subsection 16.2.5.D.7 or (c) a condition attached to an approved Final Development Plan; or (d) a condition attached to an approved Final Plat.

4.

Step 12 (Lapse). Applicable, as follows: Any variance granted shall become null and void:

a.

If the variance is not exercised (e.g. building permit obtained, substantial construction commenced) within one hundred eighty (180) days of the date it is granted;

b.

If the approval or conditions of approval of the variance is violated;

c.

If the director finds that redevelopment or modification of the subject property makes compliance with this FDC possible without the previously approved variance; or,

d.

If the director finds that the alleged hardship or difficulty upon which the variance is based has been eliminated.

(Ord. 982 Att., 2020)

A.

Purpose and scope. The procedure for vacation of streets, alleys or other public ways, and vesting of title upon vacation, shall conform to state law as provided in Section 43-2-301, et seq., C.R.S., 1973, as amended. In addition, said vacation shall conform to the specific procedure as provided in this Section. The Board of Trustees has the authority to:

1.

Vacate public roads, which include any public street, alley, lane, parkway, avenue, road, trail or other public right-of-way designated or dedicated on a subdivision plat, or conveyed by deed, or acquired by prescriptive use, whether or not it has been used as such.

2.

Vacate public easements designated or dedicated on a subdivision plat or conveyed by deed or recorded easement.

B.

Procedures as modified.

1.

Step 5 (Neighborhood meeting). Applicable, at the discretion of the Director of Planning and Development.

2.

Step 8 (Decision and findings). The following additional procedures shall apply:

a.

Planning Commission review and recommendation. After submission of the application, the Director shall determine whether consideration of the Vacation request by the Planning and Zoning Commission is necessary. If there are no unresolved issues regarding the Vacation and the proposal has no material adverse impact on adjacent property owners, the Director may waive Planning and Zoning Commission review and recommendation. If Planning and Zoning Commission review is waived, the Director shall schedule the application for Board of Trustees consideration.

If consideration before the Planning and Zoning Commission is necessary, the Planning and Zoning Commission shall review the proposed Vacation and shall recommend that the Board of Trustees approve, approve with modifications and/or conditions, or deny the application based on the applicable approval criteria listed below.

b.

Board of Trustees Review and Decision. The Board of Trustees shall review each vacation application relative to the applicable approval criteria listed below and shall approve, approve with modifications and/or conditions, or deny the application.

3.

Step 9 (Approval criteria).

a.

Vacation of public roads and easements shall be left to the sound discretion of the Board of Trustees and the applicant shall have the burden of presenting sufficient information to justify the requested vacation. The Board of Trustees shall not exercise its discretion to vacate any public road or easement, unless it meets the following criteria:

i.

No property would be left without reasonable access or provision of any public facilities or utility services by reason of the vacation;

ii.

The public road or public easement is no longer necessary for public use or convenience;

iii.

The vacation will not restrict access to any parcel so that access is unsafe, unreasonable, or economically prohibitive;

iv.

The vacation does not result in an easement configuration that could create difficulty in the provision of services or installation of public improvements;

v.

Adequate easements have been reserved for use and/or maintenance by the town or other utility agencies;

vi.

The vacation is consistent with the goals of the Town's Comprehensive Plan.

b.

In exercising discretion to vacate a public road, the Board of Trustees may also consider impacts on mobility, parking, traffic, and safety, as well as any benefits to the Town that will result from removing the right-of-way from the municipal street system.

(Ord. 982 Att., 2020)

A.

Purpose. The purpose of the Final Development Plan review process is to ensure compliance with the development and design standards and provisions of this FDC, and to encourage quality development reflective of the goals, policies, and objectives of the Town's Comprehensive Master Plan. For land uses requiring a Final Development Plan review, such uses may be established in the Town, and building or land use permits may be issued, only after a Final Development Plan showing the proposed development has been approved in accordance with the procedures and requirements of this Section. Approval of a Final Development Plan pursuant to this section shall not constitute a "vested property right" to develop the property in accordance with the approved plan as "vested property right" is defined in C.R.S. § 24-68-101 et seq. or otherwise, unless specific action is taken by the Board of Trustees, in accordance with the provisions of this FDC.

B.

Applicability. A Final Development Plan may be reviewed concurrently with other applications as may be necessary.

1.

Final Development Plan review shall be required for the following:

a.

All development including additions in all zone districts except for the following types of residential development:

i.

Development of a one-household or two-household dwelling use.

b.

Establishment of a primary, accessory, or temporary use permitted in a zone district under this FDC, where such provision explicitly requires Final Development Plan review and approval prior to establishment of the use.

c.

Any change of use from one primary use classification to another at the discretion of the Director (for example, residential use to commercial use).

d.

Development within a PUD district; however, development within a PUD district subject to an approved detailed PUD district plan under Section 16.7.5, is exempt from this requirement for Final Development Plan review.

2.

Final Development Plan review shall not be required for:

a.

Town parks and open space. Town parks and open space shall meet Town requirements found in this FDC and the Town Standards and Specifications; and,

b.

Town facilities. Town facilities shall meet Town requirements found in this FDC and the Town Standards and Specifications.

3.

Development of the site shall comply with the approved design and all conditions included in the Final Development Plan. A certificate of occupancy shall not be issued for a building constructed in violation of an approved Final Development Plan.

C.

Coordination with Special Review Uses. If review of a Special Review Use is required pursuant to Section 16.7.11, then the applicant shall file a Special Review Use application concurrent with the Final Development Plan application. In such cases, the Board of Trustees shall be the final decision-maker for both the Final Development Plan and the Special Review Use, and shall render separate decisions on both applications based on the applicable approval criteria in Section 16.7.11 (for the Special Review Use) and this Section 16.7.10 (for the Final Development Plan).

D.

Procedure as modified for Final Development Plan review.

1.

Step 8 (Decision and findings). The following additional procedures shall apply:

a.

Director of Planning and Development's Review and Decision. The Director shall review each Final Development Plan relative to the approval criteria listed below and shall act to approve, approve with conditions, deny, or refer the decision to the Planning and Zoning Commission. Referral of the application to the Board of Trustees shall be at the discretion of the Director.

b.

Referral to Planning and Zoning Commission. The Director may refer any application involving any requested deviation, modification, or exception form the requirements of this FDC, and/or any application that in the Director's discretion presents issues that require Planning and Zoning Commission attention, to the Planning and Zoning Commission. Such plans shall state all reasons for requesting any deviation, modification, or exception from the rules, requirements, and regulations of this FDC.

c.

Public improvements required. As a condition of approval of any Final Development Plan, the town may require the applicant to construct, install or otherwise provide, including the dedication of any incidental easements or property interests, public improvements that are necessary to serve the property after it is developed, the need for which is caused by reason of the development. Such a condition may require the execution of a development agreement that provides for such construction or installation, and for financial security to ensure completion of such improvement.

d.

Effect of approval. Approval of a Final Development Plan means a proposed development complies with the standards and provisions of this FDC and, consequently, the Town may issue building permits to an applicant, assuming all other Town standards and regulations have been satisfied.

2.

Step 9 (Approval criteria). A Final Development Plan may be approved upon a finding that the application meets all of the following criteria:

a.

The Final Development Plan is generally consistent with the Town's Comprehensive Master Plan;

b.

The Final Development Plan is generally consistent with any previously approved subdivision plat, planned development, or any other precedent plan or land use approval as applicable;

c.

No buildings or structures infringe on any easements so as to impact the full use of the easement;

d.

The Final Development Plan complies with all applicable development and design standards set forth in this FDC;

e.

Any significant adverse impacts reasonably anticipated to result from the use will be mitigated or offset to the maximum extent reasonably practicable; and

f.

The development proposed on the Final Development Plan and its general location is or will be compatible with the character of surrounding land uses.

3.

Step 11 (Amendments). Applicable, with the following addition:

a.

Examples of minor amendments. The following amendments are offered as examples of amendments to approved Final Development Plans that the Director may reasonably determine to be "minor":

i.

Insubstantial changes to the text to add clarity or correct conflicting provisions.

ii.

Changes in drives, parking, and sidewalks, if such changes further the intent of the Final Development Plan and this FDC, and are acceptable to the Town Engineer and Director of Public Works.

iii.

Changes in building height, setback, and similar provisions of ten (10) percent or less, provided that the underlying zone district dimensional standards or as modified in an overlay or PUD are met.

iv.

Minor changes in building materials, architectural elements, landscaping, sign placement, lighting fixtures, fences, utility boxes, equipment, panels, and other similar elements that further the intent of the Final Development Plan and this FDC.

4.

Step 12 (Lapse). Applicable, in addition:

a.

Expiration of approval.

i.

Unless stated otherwise in such approval, an approved Final Development Plan shall expire after two (2) years from the date of approval, if a building permit has not been obtained and construction has not started. The Director may grant a one-time extension for a maximum of one (1) year upon written request of the applicant, prior to expiration of the Final Development Plan.

ii.

The remainder of any unbuilt portion of the Final Development Plan at the time of expiration shall be null and void and require new Final Development Plan application and approval.

(Ord. 982 Att., 2020)

A.

Purpose. This Section provides a discretionary approval process for Special Review Uses, which have unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use's operating characteristics and site development features and is intended to ensure that proposed Special Review Uses will not have a significant adverse impact on surrounding uses or on the community-at-large. This review process is intended to provide assurance to the community that such uses will be compatible with their locations and surrounding land uses and will further the purposes of this FDC.

B.

Relationship to Final Development Plan requirements.

1.

Coordination with review of final development plans. If a Final Development Plan is necessary for the proposed Special Review Use, then the Final Development Plan and the Special Review Use applications shall be processed concurrently. In such cases, the Board of Trustees shall be the final decision-making entity for both the Final Development Plan and the Special Review Use. The Board of Trustees shall render separate decisions on the applications based on the applicable approval criteria in this Section 16.7.11 (for the Special Review Use) and Section 16.7.10 (for the Final Development Plan).

C.

Procedure as modified.

1.

Step 8 (Decision and findings). The following additional procedures shall apply:

a.

Indication on zoning map. A Special Review Use shall not be shown on the official Town zoning map.

b.

Alterations of approved uses. No approved Special Review Use may be modified, physically expanded, hours of operation extended, or otherwise altered unless amended in accordance with the procedures applicable to initial approval of a Special Review Use as set out in this FDC.

2.

Step 9 (Approval criteria). The Board of Trustees shall consider following criteria when evaluating a request for approval of a special use:

a.

The proposed use is generally consistent with the Town's Comprehensive Master Plan and all applicable provisions of this FDC and applicable state and federal regulations;

b.

The proposed use is generally consistent with the purpose and intent of the zoning district in which it is located;

c.

The proposed use is generally consistent with any applicable use-specific standards set forth in Section 16.3.2;

d.

The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts);

e.

Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent reasonably practicable;

f.

Facilities and services (including sewage and waste disposal, water, gas, election, police and fire protection, and streets and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development;

g.

Adequate assurances of continuing maintenance have been provided; and

h.

Any significant adverse impacts on the natural environment will be mitigated to the maximum extent reasonably practicable.

3.

Step 12 (Lapse). Applicable, as follows:

a.

Lapse of Special Review Use approval.

i.

Approval of a Special Review Use by the town shall lapse and be considered null and void:

(A)

Upon the expiration of the Final Development Plan approved in conjunction with such Special Review Use;

(B)

If the use, itself, has not commenced within two (2) years of the approving action or within the time frame established as a condition of approval of the Special Review Use;

(C)

If a use allowed pursuant to a special review approval has been discontinued for more than one hundred eighty (180) days;

(D)

Upon a change of primary use of the property.

ii.

The Director may grant a one-time extension for a maximum of one (1) year upon written request of the applicant, prior to expiration of the Special Review Use.

iii.

Failure to use property for the uses authorized by such Special Review Use approval for a period of twelve (12) consecutive months shall terminate the right to use the property for the specified special use approval.

D.

Revocation of Special Review Uses after approval. In the event of noncompliance by the applicant with the approved Special Review Use plan, written agreement, development schedule, or any conditions of approval, the applicant; the Director shall notify the applicant in writing of said violation and shall provide the applicant with a thirty-day period in which to abate the violation. Failure of the applicant to abate cited violations within thirty (30) days shall result in the commencement of a hearing process before the Board of Trustees to determine whether the Special Review Use approval should be revoked. Such review shall occur in the same manner as for original approval as provided herein, and upon completion of such review, the Board of Trustees may revoke the Special Review Use or amend the original approval.

E.

Approved special use permits existing prior to effective date of this FDC. Any approved special use permit that existed prior to the effective date of this FDC shall continue to be an approved special use permit, subject to the provisions of this Section.

(Ord. 982 Att., 2020)

A.

Purpose. The purpose of the Architectural Review process is to ensure compliance with the development and design standards and provisions of this FDC, and to encourage quality development reflective of the goals, policies, and objectives of the Town's Comprehensive Master Plan.

B.

Applicability. Architectural Review and approval of single-family detached, single-family attached, multi-family, non-residential, and accessory structures shall be required prior to issuance of a building permit and shall follow the processes detailed in this Section.

C.

Types of Architectural Review.

1.

Coordination with Final Development Plan review. Architectural Review and approval of single-family attached, multi-family, and non-residential structures shall be required as part of a Final Development Plan and are subject to the process and approval procedures detailed within Sections 16.7.10.D as applicable.

2.

Administrative Architectural Review. Single-family detached residential structures and accessory structures requiring Architectural Review, which were not reviewed during the subdivision or Final Development Plan application process, may be approved by the Director using the Administrative Architectural Review approval process.

D.

Procedures modified for Administrative Architectural Review.

1.

Step 8 (Decision and findings). The following additional procedures shall apply:

a.

Director of Planning and Development's review and decision. The Director shall review each Administrative Architectural Review application relative to the approval criteria listed below and shall act to approve, approve with conditions, deny, or defer the decision to the Planning and Zoning Commission.

b.

Appeal to the Board of Adjustment. Appeals of decisions made by the Director or the Planning and Zoning Commission under this Section shall be made to the Board of Adjustment.

2.

Step 9 (Approval criteria). An Architectural Review may be approved upon a finding that the application meets all of the following criteria:

a.

The architecture is generally consistent with the Town's Comprehensive Master Plan;

b.

The architecture is generally consistent with any previously approved architecture during the subdivision plat, Final Development Plan, or any other precedent plan or approval as applicable;

c.

The architecture complies with all applicable development and design standards set forth in this FDC;

d.

Any significant adverse impacts reasonably anticipated to result from the use will be mitigated or offset to the maximum extent reasonably practicable; and

e.

The architecture proposed will be compatible with the character of surrounding land uses.

3.

Step 10 (Conditions of approval). Applicable, with the following modifications:

a.

Architectural Review shall be required prior to submittal of building permit applications to the Building Division.

b.

Architectural Review approvals shall be effective within subdivision filings that exist at the time of Architectural Review approval. Separate applications and review shall be required for future filings.

4.

Step 12 (Lapse). Applicable, with the following modification:

a.

Expiration of approval.

i.

The architectural approval shall be effective for a period of two (2) years from the date of approval, unless stated otherwise in such approval. Building permits shall not be issued based on architectural plans that have expired.

ii.

The Director may grant a one (1) time extension, of not more than one (1) year, upon a written request by the applicant, prior to the expiration of the Architectural Review approval. Failure by the applicant to request a time extension prior to the expiration of the Architectural Review approval, shall render the Architectural Review approval null and void. The submittal of revised architectural plans and fees shall be required to obtain a building permit after the Architectural Review approval have lapsed. The revised architectural plans shall meet the current Town standards.

(Ord. 982 Att., 2020)

A.

Building permits. A building permit in a development that requires a Final Development Plan shall be issued only when a Final Development Plan has been approved. However, with the approval of the Director, an applicant may submit a building permit application to the Building Division concurrent with the Final Development Plan application, which permit may be issued upon Final Development Plan approval by the Town. Building permits shall not be issued for any development that is not in conformance with the approved Final Development Plan. Approval of construction drawings by the Town Engineer and Director of Public Works, if applicable, shall be required prior to issuance of building permits.

B.

Certificates of occupancy.

1.

When building construction and all site development is completed in accordance with the approved building permit and Final Development Plan, a certificate of occupancy may be issued.

2.

If adverse weather prevents the installation of minor FDC requirements and/or Final Development Plan elements that do not affect the function and access of the occupancy use, a certificate of occupancy may be issued upon the applicant providing one of the following forms of security: (1) cash; or (2) cashier's check. This security shall be in an amount equal to the cost of the unfinished work, plus fifteen (15) percent and shall be submitted prior to the issuance of a certificate of occupancy. The security will be held by the Town and released when the work is deemed complete by the Director or Town Engineer.

a.

Prior to the issuance of the certificate of occupancy, the applicant shall submit a completed application for "request for release of certificate of occupancy."

b.

In order to quantify the required amount of the security, the applicant shall submit an estimate by qualified professionals of the remaining required improvements. Based on this estimate, the Director or Town Engineer shall determine the amount of security required.

c.

When a certificate of occupancy is issued, based on security, prior to the completion of all site improvements, the time for the completion of site improvements shall not exceed six (6) months from the date the certificate of occupancy is issued.

d.

Failure by the applicant to complete the work or to request a time extension within the specified time period shall result in a forfeiture of the security and shall cause the Town to initiate the construction of such improvements. The Director may grant no more than one (1) time extension of not more than six (6) months upon receipt of a written request, accompanied by an extension of the financial security, prior to the date the construction was to have been completed.

3.

If adverse weather prevents the installation of required landscaping and/or fencing for single-family residential structures prior to issuance of a certificate of occupancy, the applicant shall apply for a landscape and fence waiver with the Town Building Division. A surety shall not be required,

A.

Applicability. No use that is classified as a temporary use in the zoning district in which it is to be located shall be placed or established on the property without first receiving a temporary use permit, unless excepted from the permit requirements by Subsection 16.3.4.C.2.

B.

Procedures as modified.

1.

Step 2 (Development application submittal). Applicable, with the following modification:

a.

Filing deadline. All applications for temporary use permits shall be filed at least four (4) weeks prior to the date the temporary use will commence, or at least six (6) weeks prior to the date the temporary use will commence if public safety support is requested from the Town. The Director may waive this filing deadline requirement.

2.

Step 8 (Decision and findings). The following additional procedures shall apply:

a.

Duration of permit. A temporary use permit shall be valid only for the time period stated on the permit, unless otherwise authorized in this FDC.

3.

Step 9 (Approval criteria). Applicable, as follows: The Director shall issue a temporary use permit only upon finding that the proposed temporary use satisfies the requirements set forth in Section 16.3.4.

4.

Step 12 (Lapse). Applicable, as follows: The temporary use permit shall lapse and be null and void upon expiration of the time limit specified in the permit.

A.

Purpose. Annexation agreements are contracts between the applicant and the Town. Annexation agreements are typically required with an annexation application.

B.

Contents. The annexation agreement shall detail the mutual understanding about the annexation. The annexation agreement may include without limitation the following matters or other development related items:

1.

Density or intensity of development and land use mix, including designation of the density distribution within the parcel to be annexed;

2.

Phasing of the development in general terms;

3.

Drainage, detailing major improvements required, participation in the storm drainage utility, participation in existing improvements, and how drainage requirements will be satisfied;

4.

Street and bikeways, detailing participation in existing and proposed improvements, dedication of perimeter rights-of-way and timing of such, major street improvements required and designation of responsibility for construction, treatment of local, interior street and rights-of-way, responsibility for construction or participation in traffic signals and other traffic-control devices, payment for any transportation or site access studies or any addenda;

5.

Utilities, detailing participation in existing systems, major improvements to be constructed, dedication of necessary easements and timing of such, and utilities required;

6.

Landscaping, detailing responsibility and scheduling of arterial and collector street landscaping and primary greenway development, and maintenance of such facilities;

7.

Fire protection, detailing responsibility for fire protection measures;

8.

Land dedication or reservation, designating land for public purposes including but not limited to streets, utilities, parks, open space, trails, schools, greenways, or cash-in-lieu agreements. Land reserved for future park, open space or trail purchase will be paid at fair market value with the appraisal value determined by pre-annexation raw land value;

9.

Reimbursements to the Town or to the party paying for the public improvements or land acquisitions for public improvements that benefit the property or potentially benefit the property or development thereon;

10.

Exclusion from special districts and acknowledgement of the property owner's responsibility in securing exclusion;

11.

Special districts, all agreements concerning special districts projected to be created within the Town limits, including, but not limited to, applicant's agreement to use any district for installation, construction warranty, and repair of public improvements;

12.

Vested rights and growth management:

a.

Specifying that the Town's action in annexing the property and approving the initial zoning do not create a vested right as defined in the Colorado Revised Statutes, this FDC or other Town regulation or ordinance;

b.

Specifying that, unless otherwise agreed to by the Town, the landowner requesting annexation shall waive any pre-existing vested property rights as a condition of such annexation; and

c.

Specifying that the annexed property will be subject to any future phasing or growth management regulations that may be adopted by the Town;

13.

Enforcement, specifying that the agreement is binding on heirs, successors and assigns;

14.

Non-contestability clause detailing reliance by all on the agreement and providing for disconnection of the annexation, at the option of the Town, upon noncompliance or nonperformance by the applicant;

15.

Other issues as may be unique to the property including, but not limited to, necessary off-site improvements, railroad and river crossing improvements, relocation or maintenance of irrigation ditches and laterals, and purchase of existing electric facilities or electric service territory; and

16.

Other issues as may be necessary to evidence compliance with this Section and FDC.

C.

Procedure and review criteria.

1.

Decision-making body. The Board of Trustees shall be the decision-making body on all annexation agreements and any amendments to the annexation agreement.

2.

Procedure for review. A proposed annexation agreement shall be reviewed by the Board of Trustees at the Public Hearing on the annexation ordinance. The Board shall have the power to make recommendations regarding the proposed annexation agreement.

D.

Amendment procedure. Any party to the annexation agreement may request, through a formal application to the Town, that the Town amend the agreement.

E.

Enforcement. Unless amended or terminated pursuant to this Section, an annexation agreement shall be enforceable by any party thereto.

A.

Purpose. Subdivision agreements are contracts between an applicant and the Town. Subdivision agreements are typically required with a subdivision application when public improvements and private improvements of public interest are identified during review of the application.

B.

Contents. The Town has a standard subdivision agreement format that is to be used in the drafting of a subdivision agreement for an application. The standard form is to be used in drafting the subdivision agreement with modifications generally occurring only in the special provisions section and related exhibits section. This FDC and other Town laws may not be altered by the subdivision agreement. Subdivision agreements may contain the following:

1.

Descriptions of the acceptable and prohibited uses on the property;

2.

The density of proposed uses, including maximum floor area and height of buildings;

3.

Provisions for the reservation or dedication of land for public purposes;

4.

Provisions for the timing, location, and maintenance of on-site improvements, including parks, trails, landscaping and open space;

5.

Proposed timing and phasing of the development project;

6.

Provisions to mitigate the impacts of proposed development on the general public, including the protection of wildlife habitat and other environmentally sensitive lands;

7.

Provisions for public benefits or improvements in excess of what is required by current Town policy or law;

8.

Reimbursements to the Town or to the party paying for the public improvements and/or land acquisitions for public improvements that benefit the property or potentially benefit the property or development thereon;

9.

Terms for subsequent discretionary actions, provided such terms shall not prevent the development of the property for the uses set forth in the agreement;

10.

A provision that construction shall begin by a specified date or that certain phases shall be completed within a specified time;

11.

Provisions for the vesting of property rights;

12.

Termination date for the subdivision agreement; and

13.

Any other provisions appropriate to guide the completion of the development as proposed.

C.

Procedure and review criteria.

1.

Decision-making body. The Board of Trustees shall be the decision-making body on all subdivision agreements, and shall approve a subdivision agreement and any amendments to the subdivision agreement.

2.

Procedure for review. A proposed Subdivision Agreement shall be reviewed by the Board of Trustees at the same time that the related subdivision application is reviewed. The Board of Trustees shall have the same power to make recommendations regarding the proposed Subdivision Agreement or amendment as they do for the related development approval. Procedures for review and approval of Subdivision Agreements, by the Board of Trustees, shall be as follows:

a.

At final plat, minor plat, and non-residential plat, the Board of Trustees shall review a final subdivision agreement.

3.

Review criteria. In reviewing and acting upon proposed subdivision agreements and amendments, the Board of Trustees shall consider the following review criteria:

a.

Whether the Subdivision Agreement is required to mitigate impacts that would otherwise make the proposed development unacceptable.

D.

Amendment procedure.

1.

Any party to the subdivision agreement may request, through a formal application to the Town, that the Town amend the agreement.

2.

The Procedure and Review Criteria in Section 16.7.16.C above shall be used for the amendment request.

E.

Enforcement. Unless amended or terminated pursuant to this Section, a subdivision agreement shall be enforceable by any party thereto.

(Ord. 982 Att., 2020)

A.

Purpose. Development agreements are contracts between an applicant and the Town. Development agreements are typically required with a Final Development Plan application when public improvements and private improvements of public interest are identified during review of the application.

B.

Contents. The Town has a standard development agreement format that is to be used in the drafting of a development agreement for an application. The standard form is to be used in drafting the development agreement with modifications generally occurring only in the special provisions section and related exhibits section. This FDC and other Town laws may not be altered by the development agreement. Development agreements may contain the following:

1.

Descriptions of the permitted and prohibited uses on the property;

2.

The density of proposed uses, including maximum floor area and height of buildings;

3.

Provisions for the reservation or dedication of land for public purposes;

4.

Provisions for the timing, location, and maintenance of on-site improvements;

5.

Proposed timing and phasing of the development project;

6.

Provisions to mitigate the impacts of proposed development on the general public, including the protection of wildlife habitat and other environmentally sensitive lands;

7.

Provisions for public benefits or improvements in excess of what is required by current Town policy or law;

8.

Terms for subsequent discretionary actions, provided such terms shall not prevent the development of the property for the uses set forth in the agreement;

9.

A provision that construction shall begin by a specified date or that certain phases shall be completed within a specified time;

10.

Reimbursements to the Town or to the party paying for the public improvements or land acquisitions for public improvements that benefit the property or potentially benefit the property or development thereon;

11.

Provisions for the vesting of property rights;

12.

Termination date for the Development Agreement; and

13.

Any other provisions appropriate to guide the completion of the development as proposed.

C.

Procedure and review criteria.

1.

Decision-making body. The Board of Trustees shall be the decision-making body on all development agreements and any amendments to the development agreement.

2.

Procedure for review. A proposed Development Agreement shall be reviewed by the Board of Trustees concurrent with the related Final Development Plan application. The Board of Trustees shall have the power to make recommendations regarding the proposed Development Agreement or amendment.

3.

Review criteria. In reviewing and acting upon proposed development agreements, the Board of Trustees shall consider the following review criteria:

a.

Whether the development agreement is required to mitigate impacts that would otherwise make the proposed development unacceptable.

D.

Amendment procedure.

1.

Any party to the development agreement may request, through a formal application to the Town, that the Town amend the agreement.

2.

The procedure and Review Criteria in Subsection 16.7.17.C above shall be used for the amendment request.

E.

Enforcement. Unless amended or terminated pursuant to this Section, a development agreement shall be enforceable by any party thereto.

(Ord. 982 Att., 2020)

A.

Cost estimate; overrun allowance. The engineer's cost estimate shall state the estimated cost of completion for each required public improvement. Cost estimates for each required public improvement must be approved by the Town. The contract security required for the development agreement shall be one hundred fifteen (115) percent of the engineer's estimate of the total cost of the required improvements as approved by the Town, which shall include a fifteen (15) percent overrun allowance.

B.

Methods. The contract security shall be either an irrevocable letter of credit, cash escrow, or such other form of contract security that will satisfy the objectives of Section 16.5.5. The form of contract security shall meet the following requirements:

1.

Cash deposit or escrow. If in the form of a cash deposit or escrow:

a.

Developer shall deposit a cash sum with the Town, which funds shall be held by the Town in a separate account until released by the Town.

2.

Letter of credit. If in the form of an irrevocable letter of credit:

a.

The entity issuing the letter of credit must maintain an office or corresponding bank within fifty (50) miles of the Town, shall have a current rating of one hundred twenty-five (125) or better from IDS Financial Services, Inc., or otherwise approved by the Town, and shall have an expiration date no earlier than six (6) months following the scheduled completion of the public improvements.

b.

If the developer elects to use an out-of-state bank, the issuing bank is subject to approval by the Town's Finance Director, and the form of the letter of credit is subject to review and approval by the Town Attorney.

C.

Default. If the developer defaults on any obligation to construct required public improvements or the obligation to warrant and repair such improvements, the Town may demand immediate payment on the performance guarantee. In the case of cash deposits or letters of credit, the Town may demand immediate payment of a portion or all of all sums obligated for the performance or warranty of any improvement. All funds received by the Town shall be used to complete the improvements necessary to ensure that:

1.

All required public improvements are built to specifications necessary to receive final acceptance; and

2.

The improvements remain in good condition for the completion of the warranty period. The Town may use guarantee funds for the completion of required public improvements from the date of initial default until three (3) years after the funds have become available to the Town for such use. The Town shall release to the developer all guarantee funds which were not used or obligated for the completion of the improvements:

a.

Within sixty (60) days of the final acceptance of all public improvements; or

b.

By the three-year period provided for in this Section.

D.

Standards may not be altered. All provisions of this Section are mandatory and may not be altered by the subdivision agreement or development agreement.

A.

Purpose. The purpose of this Section is to provide standards and requirements for amending the text of this FDC. The purpose of text amendments is to make adjustments to the text of this FDC that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the Town. Amendments will not be granted to relieve particular hardships or to confer special privileges or rights on any person or organization.

B.

Applicability. Any amendments to the text of this FDC shall be processed in accordance with the requirements set forth in this Section 16.7.19. Only the Board of Trustees may, after recommendation of the Planning and Zoning Commission, adopt an ordinance amending the text of this FDC in accordance with the requirements of this Section.

C.

Procedures as modified.

1.

Step 6 (Notice). Applicable. Published notice only.

2.

Step 8 (Decision and findings). Applicable. The following additional procedures shall apply:

a.

Records of amendments. A record of amendments to the text of this FDC in a form convenient for the use of the public shall be maintained in the office of the Town Clerk.

3.

Step 9 (Approval criteria). Applicable, as follows: Recommendations and decisions on text amendments may be approved if the Board of Trustees finds that all of the following approval criteria have been met:

a.

The proposed amendment will promote the public health, safety, and general welfare;

b.

The proposed amendment is generally consistent with the Town's Comprehensive Master Plan and the stated purposes of this FDC, or the proposed text amendment is necessary to provide for a community need that was not anticipated at the time of the adoption of the Comprehensive Plan; and

c.

The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions.

(Ord. 982 Att., 2020)

A.

Appeals of administrative decisions.

1.

Purpose and scope. Appeals to the Board of Adjustment from the decisions of the Town's staff are permitted under this FDC. It is the intention of this Section that all questions arising in connection with the interpretation and enforcement of this FDC shall be presented first to the appropriate department, that such questions shall be presented to the Board of Adjustment only on appeal from the decisions of that Department, and that recourse from the decision of the Board of Adjustment shall be to the courts. It is further the intention of this Section that the duties of the Board of Trustees in connection with this FDC shall not include the hearing or passing upon disputed questions that may arise in connection with the enforcement thereof.

2.

Decisions that may be appealed. An asserted error in any order, requirement, permit, decision, determination, refusal, or interpretation made by any Town Staff in interpreting and/or enforcing the provisions of this FDC may be appealed to the Board of Adjustment, unless otherwise provided in this FDC.

3.

Filing of appeal; effect of filing.

a.

An appeal to the Board of Adjustment may be brought by any person, firm, corporation, office, department, board, bureau, or commission aggrieved by the order, requirement, permit, decision, or determination that is the subject of the appeal, or by the Director on behalf of the Town.

b.

An application for an appeal shall be filed with the Director. Once the application is determined to be complete, the Director shall schedule the appeal for consideration at a Public Hearing before the Board of Adjustment. The Director and the staff from whom the appeal is taken shall transmit to the Board of Adjustment all applications and other records pertaining to such appeal. The application shall be filed no later than thirty (30) days after the date of the contested action.

c.

The filing of an appeal shall stay all proceedings in furtherance of the contested action, unless the Director certifies to the Board of Adjustment that, by reason of facts stated in the certification, such a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed except by a restraining order granted by the Board of Adjustment or by a court of law on notice to the Director or from whom the appeal is taken, with due cause shown.

4.

Action by the Board of Adjustment.

a.

Upon receiving the application materials from the Director, the Board of Adjustment shall hold a Public Hearing on the appeal.

b.

At the hearing, the Board of Adjustment shall adopt a resolution reversing, affirming, or modifying the contested action. In reversing, affirming, or modifying the contested action, the Board of Adjustment shall have all relevant powers of the Town Staff from whom the appeal is taken.

c.

The Board of Adjustment shall not reverse or modify the contested action unless it finds that Town Staff erred in the application or interpretation of the terms of this FDC or related policies adopted by the Town.

d.

The Board of Adjustment shall not reverse or modify the contested action unless there is a concurring vote of at least four (4) members.

5.

Effect of reversal or modification. In the event that the Board of Adjustment reverses or modifies the contested action, all subsequent actions taken by Town Staff with regard to the subject matter shall be in accordance with the reversal or modification granted by the Board of Adjustment.

B.

Appeal from Board of Adjustment or Board of Trustees.

1.

Appeals from decisions made by the Board of Adjustment or the Board of Trustees based upon this FDC shall be to the courts.