The location and extent of public uses and facilities as provided by Section 31-23-209, C.R.S., which are not permitted within the applicable zone district pursuant to the tables of uses herein contained, shall be subject to review pursuant to this chapter 18.14. The intent of this chapter is to define the factors to be considered in the "location and extent" process, and to prescribe procedures for the orderly consideration of a location and extent application in order to effect the purposes of the state statute. Any public use or facility commenced within the town prior to the adoption of this chapter that was not approved pursuant to a location and extent process may, but is not required to, subsequently seek approval pursuant to this chapter.

(a)

No street, road, square, park, public way, ground, or open space, no public building or structure, or publicly or privately owned public utility shall be constructed or authorized in the Town of Gypsum unless and until the proposed location, character and extent thereof has been submitted to and approved by the Gypsum Planning and Zoning Commission at a public meeting. Routine extensions of public utility lines and minor modifications to existing facilities shall not be subject to this procedure.

(b)

If the planning and zoning commission disapproves of the proposed public facility, the commission shall communicate the reasons for such disapproval to the town council, which has the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership.

(c)

If the public way, ground space, building, structure or utility is one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the town council, the submission to the planning and zoning commission shall be by the governmental body having jurisdiction and the commission's disapproval of such application may be overruled by said governmental body having jurisdiction by a vote of not less than two-thirds of its membership, Section 31-23-209, C.R.S..

(d)

The failure of the planning and zoning commission to act within 60 days from and after the date of official submission of the location and extent application to the commission shall be deemed approval, Section 31-23-209, C.R.S.

(e)

The planning and zoning commission, and the town council when applicable, may approve the proposed public facility as submitted, approve it with conditions, or deny the facility. The conditions to be imposed are those necessary, at the discretion of the planning and zoning commission or town council, to mitigate or eliminate any adverse impacts of the proposed facility on the surrounding area.

(f)

Upon approval of the location and extent application, the applicant shall submit a location and extent plat consisting of an original drawing in black ink on 24-inch by 36-inch single/double matte mylar to the planning department for the signature of the chair of the planning and zoning commission. The mylar will be kept on file at the planning department.

(g)

Approval of a location and extent application shall be subject to stipulations and/or conditions precedent which the applicant is deemed to accept by preparing a reproducible mylar for signature by the chair of the planning and zoning commission within 60 days from approval date. If no mylar is submitted, the planning director shall recommend the planning and zoning commission rescind approval of the application.

(h)

After the commission chair signs the mylar, a building permit may be issued upon a proper application and the location and extent application shall be considered to be approved.

(a)

The location and extent application shall be submitted in an electronic format acceptable to the planning department and shall contain the following information:

(1)

Name of proposed facility.

(2)

Land area and legal description.

(3)

Vicinity map (one mile radius with emphasis on major roadways).

(4)

Proposed land use for each area and its area in square feet.

(5)

Existing and proposed public and private rights of way serving the site, types of surfacing and width of paving.

(6)

The existing zoning of the property to be used, as well as the zoning and residential density of all adjacent properties.

(7)

All easements and drainageways should be identified.

(8)

Existing and proposed finished grade topography shown at two-foot contours, corresponding with datum acceptable to the town.

(9)

The location(s) and dimension(s) of all existing and proposed structures, the use(s) to be located therein, the building elevations, gross floor area and locations of entrances and loading points.

(10)

Location of outdoor waste disposal systems.

(11)

All existing and proposed curb cuts, driveways, parking (including number of spaces) and storage areas.

(12)

The location(s) and dimension(s) of existing curb cuts and driveways on adjacent properties and across right-of-way.

(13)

All walks, open space and recreation areas with a description of these improvements.

(14)

An illustrative landscape plan showing locations, general types and sizes of all proposed landscaping materials, fences, walls, planters and any other landscaping features.

(15)

Provisions for access by emergency vehicles.

(16)

Signage and lighting devices fully detailed.

(17)

Utility lines and appurtenances.

(b)

Applicant shall provide a public improvement guarantee, in the form of a dedication of rights-of-way, sidewalk construction, etc., if required by the planning and zoning commission.

(c)

Additional information may be requested for inclusion by the town manager or the town manager's designee if appropriate to the application, and information required above may be waived by the town manager or the town manager's designee if it is deemed to be inappropriate to the application.

(a)

Minor changes. The town manager or the town manager's designee will make the determination of whether the proposed amendment to the location and extent application is minor. Appeals of that determination may be made to the planning and zoning commission. If the changes are deemed minor, the minimum requirements are: one completed application form, one letter of intent, and one revised reproducible mylar of the amended location and extent plat for signature of the chair of the planning and zoning commission.

(b)

Significant changes. If the town manager or the town manager's designee determines that the changes are significant, the proposed amendment to the location and extent application shall require a resubmittal of documents and a meeting of the planning and zoning commission for approval of the changes.

(c)

Location and extent amendment documentation. An amended location and extent application shall contain all the original information, plus the items that are being changed. When possible, the development standards should appear in a chart format comparing the approved and proposed standards. Also, an amendment history must be added to the document. If the amendment is required to be approved by the planning and zoning commission, the submittal requirements for the location and extent application described in section 18.14.030 shall be required for the amendment.