(a)

The purpose of this Article is to encourage creative design, including new urbanism, neo-traditional and other innovative approaches and to facilitate a variety of designs or a mix of use in the development of a balanced community, including residential, business, commercial, recreational, open space and other selected secondary uses, in accordance with Section 24-67-101 et seq., C.R.S. Growth should occur in a phased and contiguous manner to save on the costly, premature extension of basic infrastructure.

(b)

The PD District is characterized by a project that provides or contributes to a balanced mix of land uses in the surrounding community, served by adequate schools, parks, employment opportunities, retail, health services and public transit. Pedestrian, bicycle, public transit and automobile circulation should include connections between neighborhoods, community facilities, employment centers and shopping centers.

(c)

As a statement of the City's objectives, development within this District should be designed to:

(1)

Ensure that provision is made for ample open space;

(2)

Ensure that environmentally and visually sensitive areas are preserved;

(3)

Promote layout, design and construction of residential development that is sensitive to the natural landform and environmental conditions of the immediate and surrounding area;

(4)

Provide or be located in proximity to employment and activity centers, such as shopping, recreational and community centers, health care facilities and public transit;

(5)

Ensure the adequacy of public facilities to accommodate population growth;

(6)

Promote balanced developments of mixed housing types;

(7)

Encourage the provision of dwellings with a range of affordability; and

(8)

Otherwise implement the stated purpose and intent of this Chapter, the Comprehensive Plan and duly adopted Design Guidelines and Standards.

(Ord. 22-02 Art. 4)

(a)

Development in this District is permitted only in accordance with a development plan prepared and approved in accordance with the provisions herein. Planned Developments may be approved for property owned by one (1) or more property owners and shall be developed under a unified plan as provided in this Section. The owners and their successors, heirs or assigns shall be bound by the approved development plan, including any amendments thereto approved by the Director and City Council, as provided herein.

(b)

The uses permitted in a Planned Development shall be only those specifically set forth in the approved development plan. The minimum number of units or acres which may constitute a planned unit development shall be fifty (50) units or one (1) acre.

(c)

The maximum time period within which any application shall be reviewed and approved, disapproved or conditionally approved shall be one (1) year from the date of submittal of a complete application. The board authorized to review Planned Development applications shall be the Planning Commission or City Council, as further specified herein. Staff review of applications is generally delegated to the Director.

(d)

In order to provide uniform administrative procedures and quality development standards, Planned Developments shall conform to the following Articles of this Chapter, as amended:

(1)

Article I, Administrative Provisions and Procedures.

(2)

Article II, General Requirements and Exceptions.

(3)

Article XV, PD - Planned Development District.

(4)

Article XVII, Utility Service and Telecommunication Facility Overlay District.

(5)

Article XVIII, Floodplain Overlay District.

(6)

Article XX, Nonconforming Uses and Structures.

(7)

Article XXI, Use by Special Review.

(8)

Article XXII, Temporary Structures.

(9)

Article XXIII, Home Occupation.

Any plan that falls below these minimum standards shall not be approved. Development plans may include regulations or provisions that may be modified in terms of rezoning, variance and appeal standards and procedures, site improvement plans, parking standards and sign standards. Additionally, alternative City roadway, drainage and grading standards may be established to lessen the environmental impacts of development in sensitive areas and promote more compact development. The criteria for establishing said modified standards shall depend upon the particular attributes of the Planned Development in meeting the intent of this Article and the goals and policies of the Comprehensive Plan.

(e)

Mineral extraction operations processed as Planned Developments shall hold a valid permit from the state of Colorado and shall meet all requirements and criteria listed in Article XXI of this Chapter.

(f)

A portion of the gross site area shall be dedicated to the City for public use, or cash in lieu of land shall be paid as determined by the Planned Development or during the Site Improvement Plan or subdivision review process.

(g)

All public utility distribution lines shall be placed underground.

(h)

Development of visually or environmentally sensitive areas may be accomplished by clustering development in less sensitive portions of the area, while more sensitive portions are protected from future development through open space designations, conservation easements or other such acceptable measures.

(Ord. 22-02 Art. 4)

The following criteria shall, where applicable, be considered by the Planning Commission and City Council in the review of Planned Development zoning or rezoning applications:

(1)

Whether the application is in compliance with the requirements of this Chapter and the Comprehensive Plan;

(2)

Whether the application is in compliance with all applicable statutory provisions;

(3)

Whether there has been a substantial change in the character or economic condition of the neighborhood;

(4)

Whether the general impact of the zoning or rezoning would adversely impact the provision of public facilities and services;

(5)

Whether the proposed zoning or rezoning is compatible with the surrounding land uses;

(6)

Whether the subject land is suitable for the intended use and is compatible with the natural environment;

(7)

Whether the intended land use would create traffic congestion or burden the existing road network;

(8)

Whether the proposed development plan complies with the general requirements in Section 16-15-15 herein; and

(9)

Whether the Planned Development provides for unified development control under a unified plan.

(Ord. 22-02 Art. 4)

As a prerequisite to the submittal of the formal zoning or rezoning application, the applicant shall submit a preapplication for review by the Director. The applicant shall meet with the Director to discuss the submittal requirements for this preapplication review.

(Ord. 22-02 Art. 4)

(a)

The applicant shall submit the required submittal information to the Community Development Department. An incomplete submittal shall not be processed.

(b)

The Director shall review the submittal information and provide a formal administrative analysis of the proposed zoning or rezoning to the applicant that identifies issues associated with the proposed zoning or rezoning, referral agencies to be contacted when the zoning or rezoning application is submitted, additional submittal requirements and the formal zoning or rezoning process.

(c)

The applicant may request that the Planning Commission review the proposal. Any action taken by the Planning Commission shall not be interpreted as a formal action, but advisory only.

(Ord. 22-02 Art. 4)

The application shall include the following:

(1)

Completed land use application form (available from the Community Development Department) signed by all landowners whose lands are included within the development.

(2)

Preapplication fee (fee schedule available in the Planning Department).

(3)

A notarized letter of authorization from the landowner permitting a representative to process the application, when applicable.

(4)

Project summary (per Section 16-15-40 below).

(5)

Plan exhibit (per Section 16-15-45 below).

(Ord. 22-02 Art. 4)

The applicant shall submit a written project summary that completely addresses the following:

(1)

The name and address of:

a.

Landowner/applicant;

b.

Representative, if applicable;

c.

Mineral rights owner; and

d.

Water rights owner.

(2)

General project concept.

(3)

Proposed development staging and time frame.

(4)

Relationship to the existing and adjacent land uses.

(5)

Changes in the character or economic condition of the neighborhood to substantiate the rezoning.

(6)

Impacts on City services.

(7)

Evidence that an adequate water supply, sufficient in terms of quality and quantity, is available, and evidence of the physical and legal capability to provide sanitation. This information may be reviewed by the technical committee of the appropriate water basin authority.

(8)

Type of method of fire protection.

(9)

A description of any natural or man-made hazards.

(10)

Impacts on existing flora and fauna.

(11)

Compliance with the Comprehensive Plan.

(12)

Compliance with the requirements of the Colorado and Tri-County Health Department, Denver Regional Council of Government or another regulatory agency regarding water quality, transportation, air quality, etc.

(Ord. 22-02 Art. 4)

(a)

The plan shall be submitted on 24" x 36" paper at a scale of 1" = 100', 1" = 200' or another scale approved by the Director.

(b)

The name of the proposed Planned Development shall be placed at the top of each sheet along the long dimension of the sheet. Names shall not duplicate existing Planned Developments or subdivisions. A general legal description stating the aliquot portion of the section, section, township and range of the 6 ^th P.M., and "the City of Lone Tree" shall be included under the name, followed by the total acreage, number of residential units or square footage of business/commercial/industrial.

Example:

MEADOW BROOK
PLANNED DEVELOPMENT

A part of the S½ of Section ___,
Township ___ South, Range ___ West of the ___
P.M., City of Lone Tree, CO.
475 acres 230 dwellings

(c)

The plan shall contain a written metes and bounds legal description of the land.

(d)

The plan shall be accompanied by two (2) vicinity maps that depict the area to be zoned or rezoned and the area that surrounds this site within a two-mile radius. One (1) vicinity map shall be superimposed on the City Zoning Map, and the other vicinity map shall be superimposed on the City subdivision map, maintaining the same scale.

(e)

The plan shall contain a block in the lower right-hand corner, or along the right-hand margin, which includes the following:

(1)

The preparation date.

(2)

A north arrow designated as true north.

(3)

A written and graphic scale.

(4)

The names and addresses of the applicant, developer, engineer or surveyor who prepared the exhibit.

(5)

The number of the sheet and the total number of sheets.

(f)

The plan shall indicate existing zoning of the land on the plan exhibit and the existing zoning and land uses of the adjacent land.

(g)

The plan shall delineate, to scale, the existing easements or rights-of-way on the site, their use and the titleholder or right holder

(h)

The plan shall show all existing structures on the site, their uses and whether they are to remain on the site.

(i)

The plan shall show public access to the site and internal circulation, not limited to vehicular.

(j)

The plan shall delineate right-of-way dimensions, name and surface materials for all points of access on or adjacent to the site.

(k)

The plan shall show topography at ten-foot contour intervals, including high and low spot elevations, and shadow areas of twenty percent (20%) or greater slope. The staff planner may request that other significant topographic conditions be depicted at greater or lesser intervals where appropriate.

(l)

The plan shall geographically define all natural and man-made watercourses, retention areas, streams and lakes, and the one-hundred-year floodplain affecting the site.

(m)

The plan shall show all adjacent land owned by the applicant, the current or intended use of such land; land not part of the rezoning request shall be noted as such.

(n)

The plan shall note any unique features on the site, historical landforms, views, etc.

(Ord. 22-02 Art. 4)

The zoning or rezoning application shall be submitted only after the preapplication review has been completed by the Community Development Department and processed as follows:

(1)

The applicant shall submit the required submittal information to the Community Development Department. The submittal shall be reviewed for completeness within fifteen (15) business days. The applicant shall be notified of any inadequacies. An incomplete submittal shall not be processed.

(2)

Once the submittal is determined complete, staff will notify the applicant of the number of copies of the submittal information required for distribution to referral agencies. A list of the referral agencies shall be provided to the applicant by the Director, and it may include homeowners' associations. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The applicant shall provide stamped envelopes or shall otherwise make provision for the payment of postage.

(3)

The Director shall mail referral packets to the referral agencies. The applicant shall be responsible for distributing any revised plans, as required by the Director.

(4)

The referral agencies shall comment within thirty-five (35) days of receiving a complete submittal unless an extension of no more than fifteen (15) days is consented to by the applicant. The applicant is encouraged to meet with the referral agencies, staff and public interest groups to address any concerns prior to the end of the referral period. The applicant is required to pay those fees assessed by referral agencies.

(5)

The Director will review the referral comments, discuss the concerns with the applicant and request that the Coordinator schedule a public hearing before the Planning Commission, who will notify the applicant of the hearing date and time. The applicant is responsible for public notice in accordance with Section 16-15-80 herein. The Director shall prepare a staff report.

(6)

The Planning Commission shall evaluate the application, referral comments, staff report and public testimony, and make a recommendation to the City Council to approve, approve with conditions, continue or deny the zoning or rezoning request. The Planning Commission's comments shall be based on the evidence presented and compliance with the adopted standards, regulations, policies and other guidelines.

(7)

Following the recommendation by the Planning Commission, the Director will schedule a public hearing with the City Council and notify the applicant of the hearing date and time. The hearing shall be scheduled for the earliest available time, taking into consideration the fifteen-day public noticing requirement, but in no case later than one hundred twenty (120) days after the final Planning Commission hearing. The applicant shall be responsible for public notice in accordance with Section 16-15-80 herein.

(8)

The City Council shall evaluate the Planned Development application (a zoning or rezoning request), referral agency comments, staff report, the Planning Commission recommendation and public testimony, and shall approve, conditionally approve, table for further study, remand to the Planning Commission, continue or deny the zoning or rezoning. The City Council's decision shall be based on the evidence presented and compliance with the adopted standards, regulations, policies and other guidelines.

(9)

Upon approval, the development plan shall be recorded in accordance with Section 16-15-70 herein.

(10)

If the zoning or rezoning request is denied by the City Council, the applicant may not resubmit the same or substantially same request within one (1) year of any such denial. The Director shall determine whether any such resubmittal is the same or substantially the same request. An adverse decision of the Director may be appealed by the applicant, in writing, to the City Council within ten (10) business days from the date of the decision. After the denial of a zoning or rezoning request by the City Council, the submittal of a new application and processing fee shall be required in order to pursue the proposed zoning or rezoning.

(Ord. 22-02 Art. 4)

The following are the submittal requirements for the zoning or rezoning. The applicant may submit the documents which were required under Section 16-15-35 above in the same form or as modified after review by the Director.

(1)

A completed application form (available from the Community Development Department);

(2)

Application fee (fee schedule available from the Community Development Department);

(3)

Proof of ownership, which may be an updated or current title insurance policy or title commitment no more than thirty (30) days old from the date of application;

(4)

A notarized letter of authorization from the landowner permitting a representative to process the application, as necessary;

(5)

Project summary (per Section 16-15-40 above);

(6)

Plan exhibit (per Section 16-15-45 above);

(7)

Development plan (per Section 16-15-60 below); and

(8)

A copy of the formal staff analysis from the preapplication review, and any additional information, as requested by the Director.

(Ord. 22-02 Art. 4)

The development plan shall be prepared on 24" x 36" sheets. The name of the Planned Development shall be centered on the upper portion of each sheet and the sheet number in the lower right-hand corner of each sheet. Textual information shall be placed in columns five (5) to eight (8) inches in width. Type style shall be sans serif (without a fine line finishing off the main strokes of a letter) at a minimum size of 12 pt. For processing purposes, the textual information may be prepared on 8½" x 11" paper.

(1)

Sheet 1.

a.

The name of the proposed Planned Development shall be centered at the top of the sheet along the long dimension of the sheet. The following wording shall be placed in columns, five (5) to eight (8) inches in width, beginning in the upper left-hand column:

GENERAL PROVISIONS

Authority

This Development Plan is authorized by Chapter 16, Article XV, of the Lone Tree Municipal Code.

Applicability

The provisions of this Development Plan shall run with the land. The landowners, their successors, heirs, or assigns shall be bound by this Development Plan, as amended and approved by the Director or City Council.

Adoption

The adoption of this Development Plan shall evidence the findings and decision of the City of Lone Tree City Council that this Development Plan for (name of development) is in general conformity with the Comprehensive Plan; is authorized by the provisions of Chapter 16, Article XV, of the Lone Tree Municipal Code; and that such Article XV and this Development Plan comply with the Colorado Planned Unit Development Act of 1972, as amended.

Relationship to City Regulations

The provisions of this Development Plan shall prevail and govern the development of (name of development), provided, however, that where the provisions of this Development Plan do not address a particular subject, the relevant provisions of Chapter 16 of the Lone Tree Municipal Code or any other applicable ordinance or regulations of the City of Lone Tree, shall be applicable.

Enforcement

To further the mutual interest of the residents, occupants, and owners of the Planned Development and of the public in the preservation of the integrity of the Plan, the provisions of this Plan relating to the use of land and the location of common open space shall run in favor of the City of Lone Tree and shall be enforceable at law or in equity by the City within limitation on any power or regulation otherwise granted by law.

Conflict

Where there is more than one provision within the Development Plan that covers the same subject matter, the provision which is most restrictive or imposes higher standards or requirements shall govern unless determined otherwise by the Director.

Maximum Level of Development

The actual density of dwellings approved by the City in the Planned Development may be less than shown on the plan due to subdivision or Site Improvement Plan requirements or other requirements of the City such as park/school land dedication.

The total number of dwellings or density or the total commercial, business, or industrial intensity approved for development within the Planning Areas is the maximum development requested for platting or construction (plus approved density transfers, if any). The actual number of dwellings or level of development for commercial, business, or industrial properties may be less due to subdivision or Site Improvement Plan requirements or other requirements of the City Council.

Project Tracking

At the time of each subdivision final plat, the applicant shall provide a summary of the development, to date, along with the final plat submittal to the Planning Department, in order to assure maximum development limits are not exceeded.

b.

The statement of commitments shall follow the above in the identical format, with the following heading:

STATEMENT OF COMMITMENTS

The statement of commitments shall, in all cases, describe the development commitments including a method for assigning responsibility to heirs, successors, or assigns, and timing of the fulfillment of these commitments for the following:

(1)

Dedication.

Public dedication for parks, schools, libraries, roads, drainage, etc., either in specific acreage dedication (referenced by symbol) or specific cash in lieu of land or facilities. Describe the proposed ownership, utility provision, improvement schedule, and maintenance provision. A provision for on-demand dedication for regional parks and trails and school sites should be stated. Title insurance shall be provided by the applicant for City-dedicated land. In all cases, dedicated land shall be conveyed to the City and the City may further convey the land to the appropriate agency, unless otherwise specified by City Council.

(2)

On- or off-site improvements.

Provision shall be made for the construction of, or payment of fees for, community or off-site improvements through bonding or the imposition of pro rata fees.

(3)

Wildlife preservation plan.

(4)

Wetlands/riparian preservation plan.

(5)

Project phasing restrictions.

(6)

Fire protection.

(7)

Payment of taxes on land to be dedicated for public use.

(8)

Other commitments imposed by the City Council.

c.

Ownership certification:

Name of Landowner _________________

____________________________
(Landowner's Signature - notarize)

I/we __________, a (one of the following: qualified title insurance company, title company, title attorney, or attorney at law), duly qualified, insured or licensed by the State of Colorado, do hereby certify that I/we have examined the title of all lands depicted and described hereon and that title to such land is owned in fee simple by _________________ at the time of this application.

(Notarized Signature)       ________

Name of Authorized Official       (date)

Name of Company;

OR

(Signature) (Reg. No.)       ________

Name of Attorney       (date)

d.

City certification:

This rezoning request to Planned Development has been reviewed and found to be complete and in accordance with the (Council Ordinance or Motion and Date) approving the Planned Development and all applicable City Regulations.

(Signature)       ________

Mayor, City of Lone Tree       (date)

(Signature)       ________

Director       (date)

e.

Clerk and recorder certification:

State of Colorado   )

City of Lone Tree   ) ss.

Douglas County   )

I hereby certify that this Plan was filed in my office on this (day) of (month), 20___, A.D. at ________ o'clock a.m./p.m., and was recorded per Reception No. ________.

_______________________
Clerk and Recorder

INDEX

(2)

Sheet 2: The name of the proposed Planned Development shall be centered at the top of the sheet along the long dimension of the sheet. Beginning in the upper left-hand column of the sheet, state the following for each planning area category, e.g., single-family:

a.

Principal uses.

b.

Uses permitted by special review.

c.

Accessory uses/structures.

d.

Standards for principal and accessory uses where appropriate or applicable:

1.

Minimum lot area.

2.

Minimum front, side and rear setbacks.

a)

Include a graphic representation or footprint of all typical residential structures other than single-family detached, i.e., zero lot line, patio, etc.

b)

In order to provide for sufficient parking in all residential development where the garage door directly faces and is accessed by the public street, a minimum setback of twenty (20) feet shall be required from the garage to the edge of the sidewalk nearest the garage or, where sidewalks are not required, from the garage to the edge of the pavement.

3.

Maximum building heights.

e.

Other standards or requirements provided in Section 16-15-15 herein.

f.

Complete legal description. The staff planner may allow this to be provided on a separate sheet, if lengthy.

(3)

Sheet 3: The name of the proposed Planned Development shall be centered at the top of the sheet along the long dimension of the sheet. This sheet shall graphically depict the site and include the following:

a.

A block in the lower right-hand corner, or along the right-hand margin, which includes the following:

1.

North arrow.

2.

Graphic and written scale at 1" = 100' or 1" = 200' or as otherwise approved by the Director or staff planner.

3.

Date of preparation.

b.

Two (2) vicinity maps that depict the relationship to the surrounding area within a two-mile radius. One (1) vicinity map shall be superimposed on a current County or City Subdivision Map; the other shall be superimposed on a current County or City Map, maintaining the same scale.

c.

Dimensions, bearings and control points along all exterior property lines.

d.

Topography at ten-foot contour intervals, including high and low spot elevations and shadow areas of twenty percent (20%) or greater slope. The staff planner may request that other significant topographic conditions be depicted at greater or lesser intervals where appropriate.

e.

Access:

1.

Arterials and collectors. In all cases, access shall be depicted to all planning areas. Include the right-of-way dimensions and surface width. (Refer to the City's duly adopted Roadway Design and Construction Standards, Storm Drainage Design and Technical Criteria manual and Chapter 17 of this Code).

2.

Trails.

3.

Existing easements. The staff planner may allow them to be provided on a separate plan.

f.

One-hundred-year floodplain. Depending upon the extent of floodplain area, the Director may permit this information to be provided on a separate sheet.

g.

Land dedication.

1.

Public or private, regional and community parks, open space and trails shall be depicted and referenced by number, letter or symbol. Local park dedication shall be determined at the time of platting.

2.

All other land dedication, including school, library, fire station or sheriff substations, as needed or required.

h.

Planning areas.

1.

All planning areas and open space areas shall be on topography at a scale that clearly delineates the planning area boundaries so that they can be located on the site.

2.

For each planning area shown on the development plan or within a separate table, indicate the following:

a)

Acreage;

b)

Land use designation; and

c)

Residential density.

Note: The actual density of dwellings approved by the City in the Planned Development may be less than shown on the plan due to subdivision or Site Improvement Plan requirements or other requirements of the City, such as park/school land dedications.

i.

Land use table. A separate land use table, which indicates the total land use for the Planned Development, shall be prepared as follows:

_______

PARTIAL EXAMPLE:

* No density cap

(Ord. 22-02 Art. 4)

(a)

Upon approval by the City Council, the applicant shall have three (3) months to submit the approved or amended development plan on a 24" x 36" wide flat, spliceless, tapeless and creaseless sheet of double matte Mylar film (fix-line, emulsion down), with a uniform thickness of not less than .003 of an inch, ready for recordation, including the recordation fees, to the staff planner. In addition, the applicant shall submit one 11" x 17" Mylar reduction of the development plan to the Community Development Department.

(b)

Within thirty (30) business days of receipt of the development plan, the staff planner shall review the documents for compliance with the City Council's approval, obtain the City Official's signatures and submit to the County Clerk and Recorder's office for recordation.

(c)

The Director may grant no more than one (1) extension of time, of not more than six (6) months, upon a written request by the applicant prior to the expiration of the three-month period. An extension request shall include a fee and a narrative stating the reasons for the applicant's inability to comply with the deadline, listing any changes in the character of the neighborhood, any changes in the Comprehensive Plan, Chapter 17 of this Code or this Article that have occurred since approval of the plan. Additional review of the plan may occur resulting in additional conditions, as applicable.

(d)

If the request for an extension of time for recordation of the plan is denied by the Director, the applicant may appeal the denial in writing to the City Council within ten (10) business days from the date of the denial by the Director. Denial of the extension of time by the Director and the City Council shall void the Planned Development rezoning, including the development plan.

(Ord. 22-02 Art. 4)

The applicant shall be responsible for public notification. In calculating the time period for public notification, the day of publishing, posting or mailing shall be counted toward the total number of days required. The day of the hearing shall be counted toward this total.

(1)

Written notice. At least fifteen (15) days prior to the Planning Commission hearing, and again fifteen (15) days prior to the City Council hearing, as specified in Section 16-15-50, the applicant shall mail a written notice of said hearing by first class mail, to all adjoining landowners, to homeowners' associations which have authority over property located within two hundred (200) feet of the land proposed for zoning or rezoning, to the mineral rights owners and lessees and easement holders. The mailed notice shall include:

a.

A short, written description of the proposed zoning or rezoning.

b.

A site plan depicting the land proposed for zoning or rezoning, and

c.

A vicinity map showing the land to be zoned or rezoned and the area surrounding this land within a two-mile radius.

An alphabetical list of the landowners, or an affidavit of mailing, shall be provided by the applicant to the Community Development Department at least five (5) business days prior to the hearing.

(2)

Published notice. At least fifteen (15) days prior to the Planning Commission hearing and fifteen (15) days prior to the City Council hearing, the applicant shall:

a.

Publish a notice in the Official Publication; and

b.

Provide a publisher's affidavit of said published notice to the Planning Department at least five (5) business days prior to the public hearing.

The City Council may direct that the notice be published in the Official Publication. Such notice shall read:

NOTICE OF PUBLIC HEARING BEFORE
THE (PLANNING COMMISSION OR
CITY COUNCIL)

A public hearing will be held on (day of week), (date), (time), or soon thereafter, in the City Council Hearing Room, 8527 Lone Tree Pkwy., City of Lone Tree, CO 80124, or other designated place for a change in zoning from (zone district) to (zone district) or for the initiation of new zoning. The subject property is located approximately (distance and direction from nearest major intersection). For more information, call the Community Development Department [list the telephone number provided by the City].

File Name and Number:       ____________________

Legal Description:       ________________________

Application Date:       ________________________

Published in (newspaper)(date)

(3)

Posted notice: At least fifteen (15) days prior to the Planning Commission hearing and fifteen (15) days prior to the City Council hearing, the applicant shall post a notice on the land under construction. The notice shall consist of at least one (1) sign facing each abutting right-of-way, within ten (10) feet of the property line abutting the right-of-way, visible from the right-of-way, placed on posts at least four (4) feet above ground level. Additional signs may be required by the staff planner. Each sign shall measure not less than 3' x 4'. Letter size shall be a minimum of three (3) inches high. Said notice shall read:

NOTICE OF PUBLIC HEARING BEFORE
THE (PLANNING COMMISSION OR
CITY COUNCIL)

This land shall be considered for initial PD - Planned Development zoning, or a change of zoning from (zoning district) to PD - Planned Development. For more information, call the Community Development Department [list the phone number provided by the City]. The public hearing is (date) in the City Council Hearing Room, 8527 Lone Tree Pkwy., City of Lone Tree, CO 80124 [or other designated place] at (time), or soon thereafter.

File Name and Number:       ____________________
Hearing Date:       ____________________________

a.

An affidavit of sign posting shall be submitted for the file in the Planning Department at least five (5) business days prior to the hearings. The signs shall be photographed by the applicant and attached to the affidavit as follows:

(attach photo here)

I, (applicant/representative), attest that the above sign was posted on (date), at (location) pursuant to Chapter 16 of the Lone Tree Municipal Code.

  (signature)  
(applicant/representative)

File Name and Number: _________________

Signed and sworn before me this date: ______

NOTARIZED BY: _____________________

b.

The sign shall be removed by the applicant within two (2) weeks following the final decision by the City Council.

(Ord. 22-02 Art. 4)

(a)

The Director shall determine whether an amendment request shall be considered an administrative amendment, major amendment or a rezoning based on the criteria established herein. The applicant may appeal the Director's decision to deny an administrative amendment within ten (10) business days of said decision to the City Council, in writing. The City Council shall have sole authority to approve inclusions or exclusions of land to, or from, the Planned Development.

(b)

Requests for a decrease of the setback, minimum lot size or increase of the maximum building height for individual lots within the Planned Development shall be processed as a variance in accordance with Article XXVI of this Chapter.

(Ord. 22-02 Art. 4)

An amendment request may be considered as an administrative amendment if it improves design or efficiency and meets the following criteria:

(1)

Setbacks. A decrease of the required setback when such decrease is no more than a twenty-five-percent change to the originally approved setback., i.e., a twenty-five-percent decrease of a setback of thirty (30) feet is seven and one-half (7.5) feet, resulting in a new setback of twenty-two and one-half (22.5) feet.

(2)

Minimum lot size. A decrease of the minimum lot size when such decrease is no more than a fifteen-percent change to the originally approved minimum lot size, i.e., a fifteen-percent decrease of ten thousand (10,000) square feet is one thousand five hundred (1,500) square feet, resulting in a new minimum lot size of eight thousand five hundred (8,500) square feet.

(3)

Maximum building height. An increase of the maximum building height when such increase is no more than a fifteen-percent change to the originally approved maximum building height.

(4)

Increased number of dwelling units. An increase of the number or density of dwelling units in a planning area of twenty percent (20%) or less.

(5)

Decreased number of dwelling units. A decrease of the number or density of dwelling units in a planning area of twenty-one percent (21%) or more. Such decrease shall result in a net loss of dwelling units unless these units or the density are concurrently approved as an increase of units or density in another planning area.

(6)

Text changes. Insubstantial changes to the text, as determined by the Director, to add clarity, when such changes do not change the commitments.

(7)

Street alignment. The Director, upon review by the City Engineer, shall determine whether an insignificant shift in the alignment of an arterial or collector shall require no amendment or an administrative amendment.

(8)

Planning area boundary. Whenever a planning area boundary abuts an arterial or collector as shown on the development plan, the planning area boundary is the abutting right-of-way. Whenever a planning area boundary abuts either another planning area or open space, the planning area boundary is as shown on the development plan.

a.

This planning area boundary may be reconfigured when:

1.

The total net acreage of the affected planning areas is not increased

2.

No more than thirty percent (30%) of the planning area is directly affected. (In area calculation, include land to be excluded from, or included in the planning area.)

3.

The total acreage of the affected open space area is not decreased.

4.

Any open space area proposed to be reconfigured is of equal value; additional open space is provided adjacent to or within the planning area. (Such factors as location, accessibility, slope and views shall be considered.)

5.

Park and school land dedication has the written approval of the Director and the school district, as applicable.

6.

The proposed change to the planning area boundary does not include an inclusion or exclusion of land to the Planned Development.

b.

When required by the Director, the applicant shall submit an illustrative plan showing the acreage affected and compliance with Subparagraph a. above.

(Ord. 22-02 Art. 4)

(a)

The submittal shall be reviewed for completeness and the applicant shall be notified of any inadequacies. An incomplete submittal shall not be processed.

(b)

Once the submittal is determined complete, the Director will determine if referrals are necessary and, if so, will notify the applicant of the number of copies of the amendment required for distribution to directly affected referral agencies. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The staff shall mail the packets.

(c)

The Director shall determine whether the applicant must provide public notice. When public notice is required, the applicant shall provide notice as follows:

(1)

At least fifteen (15) days prior to the Director's decision, the applicant shall send a written notice to homeowners' associations within and adjacent to said Planned Development by first class mail. The notices shall read:

a.

A vicinity map, when appropriate.

b.

The specific element and general location.

c.

Instructions to address comments to the Planning Director.

(2)

At least fifteen (15) days prior to the Director's decision, the applicant shall publish a notice in a newspaper of general circulation in the City and provide a publisher's affidavit of said published notice five (5) days prior to the action by the Director. The notice shall read:

NOTICE OF PROPOSED
ADMINISTRATIVE AMENDMENT TO
(Name of Development Plan)

On (date) action will be taken on an administrative amendment to (name specific element and general location proposed for amendment, e.g., "increase building heights by 10% in planning area C-2 located at the northeast corner of ___"). Address all comments to the Director.

(d)

The referral agencies shall comment within twenty-one (21) days of receiving a complete submittal. Within thirty (30) days of receipt of comments, the Director shall approve or deny the request. The following criteria shall be considered by the Director for approval of an administrative amendment:

(1)

Whether the amendment is consistent with the standards and conditions of approval in Section 16-15-20 herein;

(2)

Whether the amendment is consistent with the efficient development and preservation of the entire Planned Development;

(3)

Whether the amendment will adversely affect the enjoyment of the adjacent land or the public interest; and

(4)

Whether the amendment's sole purpose is to confer a special benefit upon an individual.

(e)

Within thirty (30) days of receiving approval, the applicant shall submit the amended development plan to the Community Development Department for recordation as follows:

(1)

New signature blocks in accordance with Subparagraphs 16-15-60(1)(c) and (e) above shall be provided. An administrative amendment is signed only by the Director and not the City Council. The signature block shall read:

ADMINISTRATIVE AMENDMENT OF THE
(name of PD) DEVELOPMENT PLAN AMENDING (specific element, i.e., boundary of Planning
Area 43) AS DEPICTED HEREON PURSUANT
TO SECTION (specific section of the
Development Plan).

APPROVED THIS ____ DAY OF _________, BY THE COMMUNITY DEVELOPMENT DIRECTOR. THIS AMENDMENT NO. __________ AFFECTS ONLY (i.e., Planning Area 43) AS DESCRIBED IN FILE NO.____________.

_____________________
Director

(2)

The approved amendment of the Development Plan shall be submitted on a 24" x 36" wide flat, spliceless, tapeless and creaseless sheet of double matte Mylar film (fix-line, emulsion down) with a uniform thickness of not less than .003 of an inch, ready for recordation, including the recordation fees and one (1) 11" x 17" Mylar reduction.

(3)

If the amended documents are not submitted within said time period, the amendment shall be void and of no force or effect.

(f)

Within thirty (30) business days, the staff planner shall review the documents for compliance with the Director's approval, obtain City officials' signatures as necessary and submit the document to the County Clerk and Recorder's office for recordation.

(Ord. 22-02 Art. 4)

(a)

Completed land use application.

(b)

Application fee (fee schedule available from the Community Development Department).

(c)

Proof of ownership which includes an updated or current title insurance policy or title commitment no more than thirty (30) days old.

(d)

A notarized letter of authorization from the landowner permitting a representative to process the application.

(e)

A written explanation justifying the request as an administrative amendment.

(f)

Three (3) copies of the appropriate portions of the Development Plan retitled with all amendments, including major amendments, numbered consecutively. For example:

MEADOW BROOK PLANNED DEVELOPMENT
(i.e., 1st) Amendment

An administrative amendment to
(specific element or planning area)

(g)

A sketch plan, in accordance with Chapter 17 of this Code, when the request is for a boundary line adjustment.

(Ord. 22-02 Art. 4)

A major amendment is considered to be an amendment that affects a specific planning area of the Planned Development and does not affect the integrity of the entire Planned Development. An amendment request may be considered as a major amendment if it meets the following criteria:

(1)

Setbacks. A decrease of the required setback when such decrease is greater than a thirty-five-percent change to the originally approved setback.

(2)

Minimum lot size. A decrease of the minimum lot size which is greater than twenty-five percent (25%) of the minimum lot size originally approved.

(3)

Maximum building height. An increase of the maximum building height when such increase is greater than a fifteen-percent change to the originally approved maximum building height.

(4)

Increased number or density of dwelling units. An increase of the number or density of dwelling units in a planning area of twenty-one percent (21%) or more.

(5)

Decreased number or density of dwelling units. A decrease of the number or density of dwelling units in a planning area of twenty-one percent (21%) or more. Such decrease shall result in a net loss of dwelling units unless these units or the density are concurrently approved as an increase of units or density in another planning area.

(6)

Text changes. Substantial changes to the text, as determined by the Director, which affect a specific planning area, the standards or commitments.

(7)

Street alignment. A significant shift in the alignment of an arterial or collector, as determined by the Director.

(8)

Planning area boundary. Whenever a planning boundary abuts an arterial or collector as shown on the development plan, the planning area boundary is the abutting right-of-way. Whenever a planning area boundary abuts either another planning area or open space, the planning area boundary is as shown on the development plan.

a.

This planning area boundary may be reconfigured when:

1.

The total acreage of the planning area is increased.

2.

More than twenty-five percent (25%) of the planning area is affected. (In area calculation, include land to be excluded from, or included in the planning area.)

3.

The total acreage of the affected open space areas is decreased.

4.

Any open space area proposed to be reconfigured is an equal value; additional open space area is provided adjacent to or within the planning area. (Such factors as location, accessibility, slope and views shall be considered.)

5.

Park and school land dedication have received the written referral recommendation from the Director or the school district, as applicable.

6.

The change to the planning area boundary does not include an inclusion or exclusion of land to the Planned Development.

b.

The applicant shall submit a sketch plan, in compliance with Chapter 17 of this Code, concurrent with the major amendment application showing the acreage affected and compliance with Subparagraph a above.

(Ord. 22-02 Art. 4)

(a)

The submittal shall be reviewed for completeness and the applicant shall be notified of any inadequacies. An incomplete submittal shall not be processed.

(b)

Once the submittal is determined complete, staff will notify the applicant of the number of copies of the amendment required for distribution to referral agencies. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The staff shall mail the packets.

(c)

The referral agencies shall comment within thirty (30) business days of receiving a complete submittal.

(d)

The staff planner will review the referral comments, discuss the concerns with the applicant, schedule a public hearing before the Planning Commission, notify the applicant of the hearing date and time, and prepare a staff report.

(e)

The applicant is responsible for public notification. In calculating the time period for public notification, the day of publishing, posting or mailing shall be counted toward the total number of days required. The day of the hearing shall not be counted toward this total.

(1)

Written notice. The Director shall determine the written notice requirements.

(2)

Posted notice. At least fifteen (15) days prior to the Planning Commission hearing and fifteen (15) days prior to the City Council hearing, the applicant shall post a notice on the land under consideration. The notice shall consist of a least one (1) sign facing each abutting right-of-way, within ten (10) feet of the property line abutting the right-of-way, visible from the right-of-way, placed on posts at least four (4) feet above ground level. Additional signs may be required by the staff planner. Each sign shall measure not less than 3' x 4'. Letter size shall be a minimum of three (3) inches high. Said notice shall read:

NOTICE OF PUBLIC HEARING BEFORE THE
(PLANNING COMMISSION OR
CITY COUNCIL)

This land shall be considered for a major amendment to the (name) Development Plan. For more information, call the City of Lone Tree Community Development Department [list the phone number provided by the City]. The public hearing is (date) in the City Council Hearing Room, 8527 Lone Tree Pkwy, City of Lone Tree, CO 80124, or other designated place at (time), or soon thereafter.

File Name and Number:       ____________________

Hearing Date:       ____________________________

Further requirements include:

a.

An affidavit of sign posting shall be submitted for the file in the Planning Department at least five (5) business days prior to the hearings. The signs shall be photographed by the applicant and attached to the affidavit as follows:

(attach photo here)

I, (applicant/representative), attest that the above sign was posted at (location), on (date), pursuant to Chapter 16 of the Lone Tree Municipal Code.

  (signature)  
(applicant/representative)

File Name and Number: _________________

Signed and sworn before me this date: ______

NOTARIZED BY: _____________________

b.

The sign shall be removed by the applicant within two (2) weeks following the final decision by the City Council.

(3)

Published notice. At least fifteen (15) days prior to the Planning Commission hearing and fifteen (15) days prior to the City Council hearing, the applicant shall:

a.

Publish a notice in the Official Publication; and

b.

Provide a publisher's affidavit of said published notice five (5) business days prior to the public hearing, to the Community Development Department. The notice shall read:

NOTICE OF PUBLIC HEARING
BEFORE THE (PLANNING COMMISSION
OR CITY COUNCIL)

A public hearing will be held on (day of week), (date), at (time), in the City Council Hearing Room, 8527 Lone Tree Pkwy., City of Lone Tree, CO, [or other designated place], to consider a major amendment to the (name) Development Plan. The proposed amendment is to (name specific element and general location proposed for amendment, e.g., increase building heights by 10% in planning area C-2 located at the northeast corner of ____). For more information, call the City of Lone Tree Community Development Department [list the phone number provided by the City].

File Name and Number: _________________

Legal Description: ______________________

(f)

The Planning Commission shall evaluate the application, referral comments, staff report and public testimony, and make a recommendation to the City Council to approve, approve with conditions or deny the amendment request. The Planning Commission's comments shall be based on the evidence presented and compliance with the adopted standards, regulations, policies and other guidelines.

(g)

Following the recommendation by the Planning Commission, the Director will schedule in consultation with the Coordinator a public hearing with the City Council and notify the applicant of the hearing date and time. The applicant shall be responsible for public notice, in accordance with Subsection (e) herein.

(h)

The City Council shall evaluate the major amendment, referral agency comments, staff report, the Planning Commission recommendation and public testimony, and shall approve, conditionally approve, table for further study, remand to the Planning Commission or deny the amendment. The City Council's comments shall be based on the evidence presented and compliance with the adopted standards, regulations, policies and other guidelines. The following criteria shall be considered by the City Council for approval of the major amendment:

(1)

Whether the amendment is consistent with the major amendment criteria in Section 16-15-160 herein;

(2)

Whether the amendment is consistent with the efficient development and preservation of the entire Planned Development;

(3)

Whether the amendment will adversely affect the public interest or enjoyment of the adjacent land; and

(4)

Whether the amendment's sole purpose is to confer a special benefit upon an individual.

(i)

Within thirty (30) days of receiving approval, the applicant shall submit the amended development plan to the Planning Department for recordation as follows:

(1)

The approved amended development plan shall be submitted on a 24" x 36" wide flat, spliceless, tapeless and creaseless sheet of double matte Mylar film (fix-line, emulsion down) with a uniform thickness of not less than .003 of an inch, ready for recordation, including the recordation fee and one (1) 11" x 17" Mylar reduction.

(2)

New signature blocks shall be provided in accordance with Subparagraphs 16-15-60(1)c.1 and 3 herein. The City certification shall read:

THIS MAJOR AMENDMENT OF THE (name of PD) DEVELOPMENT PLAN AMENDING THE (specific element, i.e., the setbacks for Planning Area 62) AS DEPICTED HEREON PURSUANT TO (specific section of Development Plan) HAS BEEN APPROVED BY CITY COUNCIL ORDINANCE NO. _____, ON (MONTH/DAY/YEAR).

THIS AMENDMENT NO. _____ AFFECTS ONLY (i.e., Planning Area 62) AS DESCRIBED IN FILE NO. _______.

(Signature)           ________
Mayor, City of Lone Tree       (date)

(Signature)           ________
Director       (date)

(3)

If the amended documents are not submitted within said time period, the amendment shall be void and of no force or effect.

(j)

Within thirty (30) business days the staff planner shall review the documents for compliance with the City Council's approval, obtain City officials' signatures as necessary and submit the document to the County Clerk and Recorder for recordation.

(Ord. 22-02 Art. 4)

The submittal shall include the following:

(1)

Completed land use application.

(2)

Application fee (fee schedule available from Community Development Department).

(3)

Proof of ownership which includes an updated or current title insurance policy or title commitment no more than thirty (30) days old.

(4)

A notarized letter or authorization from the landowner permitting a representative to process the application.

(5)

A written explanation of the request.

(6)

Three (3) copies of the appropriate portions of the development plan retitled with all amendments, including administrative amendments, numbered consecutively. For example:

MEADOW BROOK PLANNED
DEVELOPMENT, (i.e., 1 ^st ) Amendment

A major amendment to
(specific element and/or planning area)

(7)

A sketch plan, in accordance with Chapter 17 of this Code, when the request is for a boundary line adjustment.

(Ord. 22-02 Art. 4)

(a)

Rezoning shall be required when the amendment to the Planned Development plan affects the integrity of a particular planning area or of the entire Planned Development. The rezoning procedure is required when the proposed amendment is for any one (1) of the following:

(1)

A change in land use, excluding a change of residential type, i.e., single-family to multi-family.

(2)

An increase in the total number of dwellings from that originally approved for the Planned Development.

(3)

An inclusion or exclusion of land to, or from, the Planned Development.

(b)

The rezoning procedure shall include a comprehensive reanalysis of a particular planning area or of the entire development plan. The original commitments and development standards shall be reevaluated, including any changes in the character of the area, or changes in the Comprehensive Plan, this Chapter or Chapter 17 of this Code that have occurred since approval of the Planned Development, as these changes affect a particular planning area or the Planned Development. If the rezoning involves only a part of a Planned Development, the rezoning procedure shall include an analysis of the impact of the rezoning on the balance of the Planned Development. The rezoning process is set out in Sections 16-15-25 through 16-15-55 herein.

(Ord. 22-02 Art. 4)

The applicant may withdraw an application at any time during the process upon submittal of a written request to the Community Development Department. Presubmittal and/or preapplications fees will not be refunded; application fees may be refunded at the discretion of the Director, and only when the withdrawal request is submitted prior to completion of the Completeness Review.

(Ord. 22-02 Art. 4; Ord. 22-05 Art. 4)

Files that become inactive, whereby the applicant is required to submit additional information or request a hearing date and has failed to do so, for a period of more than six (6) months shall become void, and the resubmittal of a new application and fees shall be required. The Director may grant no more than two (2) extensions of time, of no more than six (6) months, upon a written request by the applicant. After five (5) months, the staff planner shall notify the applicant in writing that the application will become void within thirty (30) days. After thirty (30) days, provided that the applicant has not submitted the required additional information or requested a hearing date, the staff planner shall notify the applicant in writing that the application is void.

(Ord. 22-02 Art. 4)

Specific provisions of this Section may be waived by the Council, except as provided for in Section 16-15-15 herein, based on a finding of fact that such waiver would better achieve the goals and policies of the Comprehensive Plan and the intent of this Chapter than would be afforded by strict adherence to these regulations in accordance with the following:

(1)

A request to waive any portion of this Section is permitted only after completion of the preapplication review and prior to the formal zoning or rezoning submittal.

(2)

The applicant shall submit, in writing, the reasons for the request, to the Community Development Department.

(3)

The Director shall schedule the waiver request for a public hearing with the City Council and notify the applicant of the hearing date and time.

(4)

At least fifteen (15) days prior to the hearing, the applicant shall publish a notice in the Official Publication and provide a publisher's affidavit of said published notice to the Planning Department at least five (5) business days prior to the public hearing. The notice shall read:

BEFORE THE CITY COUNCIL

A public hearing will be held on (day of week), (date), at (time), or soon thereafter, in the Lone Tree District Center, 8527 Lone Tree Pkwy, City of Lone Tree, CO 80124, [or other designated place] for a waiver to the Planned Development Standards, specifically (list the regulations affected). For more information, call the Community Development Department at [list the telephone number provided in the Zoning Resolution].

File Name and Number: __________________
Published in (newspaper)(date)

NOTE: In calculating the time period for public notification, the day of publishing shall be counted toward the total number of days required. The day of the hearing shall not be counted toward this total.

(5)

The City Council shall evaluate the waiver request and shall approve, conditionally approve, continue or deny the request.

(Ord. 22-02 Art. 4)