Larkspur City Zoning Code

ARTICLE 5

REZONING

Sec. 16-5-10.- Generally.

The term rezoning shall mean a revision to the Zoning Map of the Town. Rezoning requests may be initiated by the Town Council, the Planning Commission or the owner of the parcel of land. All rezoning requests are subject to the following procedures.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-20. - Preapplication review.

The person or group requesting rezoning must first contact the Town Staff to have the project reviewed and obtain a rezoning packet which includes the following:

(1)

Rezoning application form, available in the office of the Planning Department.

(2)

Copy of current rezoning ordinance.

(3)

Checklist of items needed.

(4)

Time line form.

(5)

Larkspur Master Plan.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-30. - List of items required.

The following required list of items for rezoning shall be submitted to the Town Staff:

(1)

Completed rezoning application.

(2)

Proof of ownership, which includes legal description; current title commitment no more than 30 days old.

(3)

Narrative outline with the following answered:

Purpose of the request.

Names and addresses of owners.

How the change relates to existing land uses and the adjacent property uses.

How the change is compliant with the current Larkspur Master Plan.

Source of water and any change in water needs from current needs.

Course of wastewater treatment and any change from current needs.

Impact on Town services other than water and sewer.

Impact on existing flora and fauna.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-40. - Plan exhibit instructions.

The plan shall conform to the following requirements:

(1)

Be at a scale of at least 1" = 40', the scale to be approved by Town Staff charged with reviewing the plan and stated on the plan exhibit.

(2)

Survey from a certified survey company prepared no longer than five years prior to the request date on a 24" x 36" sheet, with copies made to 11" x 17" size for mailings.

(3)

Have a North arrow.

(4)

Be titled with the name of the proposal.

(5)

Have the names and legal addresses of the applicants and owners.

(6)

Indicate the existing zoning of the subject property and existing zoning and land uses of adjacent property.

(7)

Show all easements on the property and the owners of said easements.

(8)

Show all existing structures on the property and their uses, and indicate if they are to remain on the property and if their uses are to remain the same.

(9)

Include a vicinity map drawn to scale which shows a one-mile radius of the property.

(10)

Show public access to the property and internal vehicular and pedestrian circulation.

(11)

Graphically define all natural and man-made water courses, retention areas, streams, lakes, wetlands and bodies of water.

(12)

Delineate any known 100-year floodplains affecting the property per the National Floodplain Insurance Map or any other reliable source.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-50. - Referral agencies.

The application shall include a list of referral agencies and their addresses (to be included in the rezoning packet). Referral agencies shall include the following:

(1)

Larkspur Fire Protection District.

(2)

Douglas County Planning Department.

(3)

Town engineering consulting firm.

(4)

Town Attorney.

(5)

Others as indicated by the reviewing staff.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-60. - List of adjacent property owners.

The application shall contain a list of property owners within 500 feet of the property and their addresses per the County Assessor's office.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-70. - Public hearing.

The sign copy and size requirements for the public hearing shall be as follows:

(1)

The sign shall be at least three feet by four feet, with letters measuring three inches in height.

(2)

It shall be erected on posts, with the bottom edge of the sign no less than four feet above ground level.

(3)

The sign must be posted at least 15 days prior to the public hearing before the Planning Commission.

(4)

The sign shall read as follows:

NOTICE OF PUBLIC HEARING BEFORE THE LARKSPUR PLANNING
COMMISSION AND THE LARKSPUR TOWN COUNCIL

Notice is hereby given that the property upon which this sign is posted shall be considered for a change in zoning from (current zoning) to (proposed zoning) pursuant to the current Larkspur Zoning Ordinance, Chapter 16 of the Larkspur Municipal Code. Further information may be obtained by calling the Larkspur Town Clerk at 303-681-2324. The Public Hearing before the Planning Commission is to be held on (Date) in the meeting room of the Town Council at (Address) at (Time) or as soon thereafter as possible. The Public Hearing before the Town Council is to be held on (Date) in the meeting room of the Town Council at (Address) at (Time) or as soon thereafter as possible.

Name of Proposal: ___________

Project Number: (To be assigned by Town Staff)

Date of Posting: ________

(5)

A notarized copy of a photograph of the sign attesting to the date it was posted must be submitted to the Town Clerk at least five days prior to the Planning Commission meeting.

(6)

The sign shall be removed by the applicant no later than seven days following the final decision of the Town Council.

(7)

The notice of hearing for publication in a newspaper with distribution within the County:

Shall read the same as the sign copy; and

Shall be published in a newspaper with distribution within the County at least 15 days prior to the public hearing before the Planning Commission.

Proof of publication of the public notice must be obtained from the newspaper, given to the Town Clerk and placed in the packets that go out to the adjacent property owners.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-80. - Rezoning procedures.

The following procedures shall be used for the rezoning application:

(1)

The applicant shall receive the packet.

(2)

The applicant shall provide the items listed in Paragraphs 16-5-40(1) through (4) to the Town Staff for review.

(3)

The time line shall be prepared for the applicant by the Town Staff, setting the dates for public hearings before the Planning Commission and the Town Council.

(4)

The notice of public hearing shall be placed by the applicant in a newspaper for general circulation in the County.

(5)

The public hearing sign shall be erected on the property.

(6)

The applicant shall prepare packets and mail them by certified mail, return receipt requested, to the parties and agencies indicated in Sections 16-5-50 and 16-5-60 above. Return receipts should be addressed to the Town of Larkspur. Packets shall include the following:

Copy of the narrative.

A 11" x 17" copy of the plan exhibit with vicinity map.

Copy of the public notice.

A letter from the Town asking for responses to be addressed to the Town within 20 days of mailing. If a person or agency fails to respond within the 20 days, the non-response shall constitute approval by that person or agency.

(7)

The Town Staff shall prepare a staff report of the project and submit it to the Planning Commission five days prior to the Planning Commission public hearing. The staff report shall include:

Copies of all mailings sent out and return receipts.

Copies of any responses returned from agencies.

The complete packet as sent out by the applicant.

A report of the project overall and its impact on the Town.

(8)

The Planning Commission shall conduct a public hearing and make a recommendation to the Town Council.

(9)

The Town Council shall receive copies of the staff analysis and report and the Planning Commission recommendations at least three days prior to the Town Council public hearing.

(10)

The Town Council shall, at the public hearing, take public testimony, consider the Planning Commission recommendation and take one of the following actions:

Deny the rezoning application with reasons for denial.

Continue the matter until a date and time to be determined in order to obtain more information to clarify or support the request.

Approve the rezoning, with or without conditions.

(11)

If approved, an ordinance changing the Zoning Map shall be drafted and approved.

(12)

The zoning change shall be filed with the County Assessor.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Larkspur City Zoning Code

ARTICLE 5

REZONING

Sec. 16-5-10.- Generally.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-20. - Preapplication review.

The person or group requesting rezoning must first contact the Town Staff to have the project reviewed and obtain a rezoning packet which includes the following:

(1)

Rezoning application form, available in the office of the Planning Department.

(2)

Copy of current rezoning ordinance.

(3)

Checklist of items needed.

(4)

Time line form.

(5)

Larkspur Master Plan.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-30. - List of items required.

The following required list of items for rezoning shall be submitted to the Town Staff:

(1)

Completed rezoning application.

(2)

Proof of ownership, which includes legal description; current title commitment no more than 30 days old.

(3)

Narrative outline with the following answered:

Purpose of the request.

Names and addresses of owners.

How the change relates to existing land uses and the adjacent property uses.

How the change is compliant with the current Larkspur Master Plan.

Source of water and any change in water needs from current needs.

Course of wastewater treatment and any change from current needs.

Impact on Town services other than water and sewer.

Impact on existing flora and fauna.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-40. - Plan exhibit instructions.

The plan shall conform to the following requirements:

(1)

Be at a scale of at least 1" = 40', the scale to be approved by Town Staff charged with reviewing the plan and stated on the plan exhibit.

(2)

Survey from a certified survey company prepared no longer than five years prior to the request date on a 24" x 36" sheet, with copies made to 11" x 17" size for mailings.

(3)

Have a North arrow.

(4)

Be titled with the name of the proposal.

(5)

Have the names and legal addresses of the applicants and owners.

(6)

Indicate the existing zoning of the subject property and existing zoning and land uses of adjacent property.

(7)

Show all easements on the property and the owners of said easements.

(8)

Show all existing structures on the property and their uses, and indicate if they are to remain on the property and if their uses are to remain the same.

(9)

Include a vicinity map drawn to scale which shows a one-mile radius of the property.

(10)

Show public access to the property and internal vehicular and pedestrian circulation.

(11)

Graphically define all natural and man-made water courses, retention areas, streams, lakes, wetlands and bodies of water.

(12)

Delineate any known 100-year floodplains affecting the property per the National Floodplain Insurance Map or any other reliable source.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-50. - Referral agencies.

The application shall include a list of referral agencies and their addresses (to be included in the rezoning packet). Referral agencies shall include the following:

(1)

Larkspur Fire Protection District.

(2)

Douglas County Planning Department.

(3)

Town engineering consulting firm.

(4)

Town Attorney.

(5)

Others as indicated by the reviewing staff.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-60. - List of adjacent property owners.

The application shall contain a list of property owners within 500 feet of the property and their addresses per the County Assessor's office.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-70. - Public hearing.

The sign copy and size requirements for the public hearing shall be as follows:

(1)

The sign shall be at least three feet by four feet, with letters measuring three inches in height.

(2)

It shall be erected on posts, with the bottom edge of the sign no less than four feet above ground level.

(3)

The sign must be posted at least 15 days prior to the public hearing before the Planning Commission.

(4)

The sign shall read as follows:

NOTICE OF PUBLIC HEARING BEFORE THE LARKSPUR PLANNING
COMMISSION AND THE LARKSPUR TOWN COUNCIL

Name of Proposal: ___________

Project Number: (To be assigned by Town Staff)

Date of Posting: ________

(5)

A notarized copy of a photograph of the sign attesting to the date it was posted must be submitted to the Town Clerk at least five days prior to the Planning Commission meeting.

(6)

The sign shall be removed by the applicant no later than seven days following the final decision of the Town Council.

(7)

The notice of hearing for publication in a newspaper with distribution within the County:

Shall read the same as the sign copy; and

Shall be published in a newspaper with distribution within the County at least 15 days prior to the public hearing before the Planning Commission.

Proof of publication of the public notice must be obtained from the newspaper, given to the Town Clerk and placed in the packets that go out to the adjacent property owners.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-80. - Rezoning procedures.

The following procedures shall be used for the rezoning application:

(1)

The applicant shall receive the packet.

(2)

The applicant shall provide the items listed in Paragraphs 16-5-40(1) through (4) to the Town Staff for review.

(3)

The time line shall be prepared for the applicant by the Town Staff, setting the dates for public hearings before the Planning Commission and the Town Council.

(4)

The notice of public hearing shall be placed by the applicant in a newspaper for general circulation in the County.

(5)

The public hearing sign shall be erected on the property.

(6)

Copy of the narrative.

A 11" x 17" copy of the plan exhibit with vicinity map.

Copy of the public notice.

(7)

The Town Staff shall prepare a staff report of the project and submit it to the Planning Commission five days prior to the Planning Commission public hearing. The staff report shall include:

Copies of all mailings sent out and return receipts.

Copies of any responses returned from agencies.

The complete packet as sent out by the applicant.

A report of the project overall and its impact on the Town.

(8)

The Planning Commission shall conduct a public hearing and make a recommendation to the Town Council.

(9)

The Town Council shall receive copies of the staff analysis and report and the Planning Commission recommendations at least three days prior to the Town Council public hearing.

(10)

The Town Council shall, at the public hearing, take public testimony, consider the Planning Commission recommendation and take one of the following actions:

Deny the rezoning application with reasons for denial.

Continue the matter until a date and time to be determined in order to obtain more information to clarify or support the request.

Approve the rezoning, with or without conditions.

(11)

If approved, an ordinance changing the Zoning Map shall be drafted and approved.

(12)

The zoning change shall be filed with the County Assessor.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Larkspur City Zoning Code

ARTICLE 5

REZONING

Sec. 16-5-10.- Generally.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-20. - Preapplication review.

The person or group requesting rezoning must first contact the Town Staff to have the project reviewed and obtain a rezoning packet which includes the following:

(1)

Rezoning application form, available in the office of the Planning Department.

(2)

Copy of current rezoning ordinance.

(3)

Checklist of items needed.

(4)

Time line form.

(5)

Larkspur Master Plan.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-30. - List of items required.

The following required list of items for rezoning shall be submitted to the Town Staff:

(1)

Completed rezoning application.

(2)

Proof of ownership, which includes legal description; current title commitment no more than 30 days old.

(3)

Narrative outline with the following answered:

Purpose of the request.

Names and addresses of owners.

How the change relates to existing land uses and the adjacent property uses.

How the change is compliant with the current Larkspur Master Plan.

Source of water and any change in water needs from current needs.

Course of wastewater treatment and any change from current needs.

Impact on Town services other than water and sewer.

Impact on existing flora and fauna.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-40. - Plan exhibit instructions.

The plan shall conform to the following requirements:

(1)

Be at a scale of at least 1" = 40', the scale to be approved by Town Staff charged with reviewing the plan and stated on the plan exhibit.

(2)

Survey from a certified survey company prepared no longer than five years prior to the request date on a 24" x 36" sheet, with copies made to 11" x 17" size for mailings.

(3)

Have a North arrow.

(4)

Be titled with the name of the proposal.

(5)

Have the names and legal addresses of the applicants and owners.

(6)

Indicate the existing zoning of the subject property and existing zoning and land uses of adjacent property.

(7)

Show all easements on the property and the owners of said easements.

(8)

Show all existing structures on the property and their uses, and indicate if they are to remain on the property and if their uses are to remain the same.

(9)

Include a vicinity map drawn to scale which shows a one-mile radius of the property.

(10)

Show public access to the property and internal vehicular and pedestrian circulation.

(11)

Graphically define all natural and man-made water courses, retention areas, streams, lakes, wetlands and bodies of water.

(12)

Delineate any known 100-year floodplains affecting the property per the National Floodplain Insurance Map or any other reliable source.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-50. - Referral agencies.

The application shall include a list of referral agencies and their addresses (to be included in the rezoning packet). Referral agencies shall include the following:

(1)

Larkspur Fire Protection District.

(2)

Douglas County Planning Department.

(3)

Town engineering consulting firm.

(4)

Town Attorney.

(5)

Others as indicated by the reviewing staff.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-60. - List of adjacent property owners.

The application shall contain a list of property owners within 500 feet of the property and their addresses per the County Assessor's office.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-70. - Public hearing.

The sign copy and size requirements for the public hearing shall be as follows:

(1)

The sign shall be at least three feet by four feet, with letters measuring three inches in height.

(2)

It shall be erected on posts, with the bottom edge of the sign no less than four feet above ground level.

(3)

The sign must be posted at least 15 days prior to the public hearing before the Planning Commission.

(4)

The sign shall read as follows:

NOTICE OF PUBLIC HEARING BEFORE THE LARKSPUR PLANNING
COMMISSION AND THE LARKSPUR TOWN COUNCIL

Name of Proposal: ___________

Project Number: (To be assigned by Town Staff)

Date of Posting: ________

(5)

A notarized copy of a photograph of the sign attesting to the date it was posted must be submitted to the Town Clerk at least five days prior to the Planning Commission meeting.

(6)

The sign shall be removed by the applicant no later than seven days following the final decision of the Town Council.

(7)

The notice of hearing for publication in a newspaper with distribution within the County:

Shall read the same as the sign copy; and

Shall be published in a newspaper with distribution within the County at least 15 days prior to the public hearing before the Planning Commission.

Proof of publication of the public notice must be obtained from the newspaper, given to the Town Clerk and placed in the packets that go out to the adjacent property owners.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)

Sec. 16-5-80. - Rezoning procedures.

The following procedures shall be used for the rezoning application:

(1)

The applicant shall receive the packet.

(2)

The applicant shall provide the items listed in Paragraphs 16-5-40(1) through (4) to the Town Staff for review.

(3)

The time line shall be prepared for the applicant by the Town Staff, setting the dates for public hearings before the Planning Commission and the Town Council.

(4)

The notice of public hearing shall be placed by the applicant in a newspaper for general circulation in the County.

(5)

The public hearing sign shall be erected on the property.

(6)

Copy of the narrative.

A 11" x 17" copy of the plan exhibit with vicinity map.

Copy of the public notice.

(7)

The Town Staff shall prepare a staff report of the project and submit it to the Planning Commission five days prior to the Planning Commission public hearing. The staff report shall include:

Copies of all mailings sent out and return receipts.

Copies of any responses returned from agencies.

The complete packet as sent out by the applicant.

A report of the project overall and its impact on the Town.

(8)

The Planning Commission shall conduct a public hearing and make a recommendation to the Town Council.

(9)

The Town Council shall receive copies of the staff analysis and report and the Planning Commission recommendations at least three days prior to the Town Council public hearing.

(10)

The Town Council shall, at the public hearing, take public testimony, consider the Planning Commission recommendation and take one of the following actions:

Deny the rezoning application with reasons for denial.

Continue the matter until a date and time to be determined in order to obtain more information to clarify or support the request.

Approve the rezoning, with or without conditions.

(11)

If approved, an ordinance changing the Zoning Map shall be drafted and approved.

(12)

The zoning change shall be filed with the County Assessor.

(Ord. No. 3.99, 5-15-2008; Ord. No. 3.118, § 1, 7-21-2016)