The purpose of this Article is to provide for uses in specific zoning districts that shall require a public notice and hearing, the review of the Planning Commission and approval of the City Council, subject to such conditions and safeguards as may be imposed by the City Council.

(Ord. 22-02 Art. 4)

A special use shall be approved only if the Planning Commission reviews and makes a recommendation and the City Council finds that the proposed special use:

(1)

Complies with the minimum zoning requirements of the zoning district in which the special use is to be located, as set forth in this Chapter;

(2)

Complies with the requirements of this Article;

(3)

Complies with Chapter 17 of this Code;

(4)

Will not have a material adverse effect on community capital improvement programs;

(5)

Will not require a level of community facilities and services greater than that which is available;

(6)

Will not cause significant air, water or noise pollution;

(7)

Will be adequately landscaped, buffered and screened; and

(8)

Will not otherwise be detrimental to the health, safety or welfare of the present or future inhabitants of the City.

(Ord. 22-02 Art. 4)

A special use shall be permitted for a duration of time specified by the City Council or until the land use changes or is terminated, whichever occurs first. The Use by Special Review may transfer with the sale of the land.

(Ord. 22-02 Art. 4)

Each special use is subject to yearly review, or as often as the City Council deems appropriate to ensure compliance with the approval criteria and conditions of approval.

(Ord. 22-02 Art. 4)

(a)

An amendment of the use approved by special review may be approved administratively by the Director, when the change does not substantially increase the intensity of the use or impacts to the neighborhood, in accordance with the approval standards in Section 16-21-20 above. The applicant shall submit the fee, an explanation of the amendment and the resulting impacts, and an amended site plan, as required, to the Community Development Department. The Director may approve or deny the amendment.

(b)

A decision by the Director to deny such amendment may be appealed to the City Council. A written appeal must be submitted by the applicant to the Community Development Department within ten (10) business days of such denial, and a hearing will be scheduled by the Director with the City Council.

(c)

The Director may require the submittal of a new Use by Special Review application when a substantial change to the use approved by special review is proposed. The applicant may appeal the decision of the Director, in writing, within ten (10) business days of such decision, to the City Council.

(Ord. 22-02 Art. 4)

(a)

The City Council may establish lesser setbacks than those required in this Article if the City Council determines that adequate buffering exists or will be provided to mitigate such concerns as noise, dust or other visual, social or environmental impacts. The burden of proof is on the applicant to demonstrate such adequate mitigation measures.

(b)

Outdoor storage or display of merchandise, equipment or other items associated with a nonresidential use is prohibited, unless otherwise approved through the Site Improvement Plan process, or as authorized by the Director through the issuance of a Temporary Use Permit.

(Ord. 22-02 Art. 4)

A Use by Special Review may be permitted on nonconforming parcels, when such use is permitted as a Use by Special Review in the zoning district where such nonconforming parcel would be a conforming parcel.

(Ord. 22-02 Art. 4)

The applicant shall meet with the Community Development Department informally to discuss the request and to determine the submittal requirements, dependent upon the size and nature of the proposal.

(Ord. 22-02 Art. 4)

The submittal and decision process shall be the same for a use by special review as that provided in Section 16-15-50, except that the particular requirements pertaining to documentation and notice shall be as provided below.

(Ord. 22-02 Art. 4)

A request to withdraw an application shall be submitted, in writing, to the Community Development Department staff planner. Withdrawal of the application shall preclude reactivation. The submittal of a new application and processing fee shall be required in order to pursue the proposed use by special review.

(Ord. 22-02 Art. 4)

The following materials are required:

(1)

Completed land use application (available from the Community Development Department).

(2)

Application fee (fee schedule available from the 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 prior to the date of application.

(4)

If desired, a notarized letter of authorization from the landowner permitting a representative to process the application.

(Ord. 22-02 Art. 4)

The applicant shall submit a written description, on 8½" x 11" paper, of the following:

(1)

General project concepts;

(2)

Zoning of the land and compliance with the zoning requirements;

(3)

Overall impacts of the proposed use on the property and adjoining lands;

(4)

Compliance with the Comprehensive Plan;

(5)

Compliance with appropriate agencies and necessary permits;

(6)

Proof of water availability;

(7)

Method of wastewater treatment;

(8)

Type of method of fire protection;

(9)

Impacts on existing flora and fauna;

(10)

Impacts on air and water quality;

(11)

Impacts on peace and quiet of neighborhood;

(12)

Provision of buffering, including additional landscaping;

(13)

Impacts on City services and services provided by special districts and other providers within the City;

(14)

Legal description; and

(15)

Name and address of the owner, the developer if different than the owner and the person preparing the plan exhibit and site improvement plan.

(Ord. 22-02 Art. 4)

An operational/management plan shall be provided that addresses all aspects of the day-to-day operation of the use by special review. The degree of detail will depend upon the specific use. The following items shall be included in the plan:

(1)

Number of clients (e.g., parishioners, animals);

(2)

Hours of operation, indicating whether the use is seasonal and the number of days of the week;

(3)

Number of employees;

(4)

Required outside storage/parking/ loading areas;

(5)

Permit requirements from other state, federal or local agencies; and

(6)

Method of providing fire protection.

(Ord. 22-02 Art. 4)

A Site Improvement Plan shall be prepared in accordance with Article XXVII of this Chapter.

(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 not be counted toward this total.

(1)

Mailed 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 16-21-90 above (with reference to Section 16-15-60), the applicant shall mail a written notice of said hearing by first class mail, to all adjoining landowners, mineral rights holders, and to homeowners' associations which have authority over property located within two hundred (200) feet of the land proposed for the special use, to the mineral rights owners and lessees and to easement holders. The mailed notice shall include:

a.

A short narrative of the request;

b.

A vicinity map; and

c.

A site map;

At least five (5) business days prior to the hearing, the applicant shall provide to the Community Development Department:

a.

An alphabetical list of the mineral rights owners and landowners;

b.

A map showing their relationship to the site; and

c.

An affidavit of mailing.

(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 Community Development Department at least five (5) business days prior to the hearing. 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), or soon thereafter, in the City Council Hearing Room, 8527 Lone Tree Pkwy., City of Lone Tree CO 80124, [or other designated place] for approval of a use by special review for a (name of the specific use, i.e., church) in the ______ zoning district. The subject land is located approximately (distance and direction from the nearest major intersection). For more information call the City of Lone Tree Community Development Department [list the phone number provided by the City].

File Name and Number:       _________________
Owner:       ______________________________
Legal Description:       _____________________
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 for which the use is requested. 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 three (3) feet by four (4) feet. Letter size shall be a minimum of three (3) inches high. Such notice shall read:

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

This land shall be considered for a Use By Special Review for a (insert specific use) in the ______ zoning district. 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, if applicable] at (time).

File Name:       ______________________________
File Number: _______       Hearing Date: ________

a.

An affidavit of sign posting shall be submitted by the applicant for the file in the Community Development 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, withdrawal or closure of the file by the Community Development Department.

(Ord. 22-02 Art. 4)

(a)

Construction pursuant to approval of a use by special review shall be commenced within three (3) years from the date of approval, unless otherwise specified by the City Council, or the approval shall terminate. The Director may grant an extension of time, for good cause shown, upon a written request by the applicant.

(b)

A use by special review shall terminate when the use of the land changes or when the time period established by the City Council for the use through the approval process expires, whichever occurs first. The owner may notify the Community Development Department of a termination of the use. When the Community Development Department is notified of a termination of use or observes that the use has been terminated during the annual review, a written notice of termination shall be sent to the landowner.

(c)

The landowner may appeal in writing to the Director within ten (10) business days of receipt of the termination notice. A hearing shall be scheduled with the City Council to provide the landowner an opportunity to appeal the termination. The appeal may be granted for good cause shown. If the landowner does not submit a written appeal, the termination becomes final and a new use by special review application, hearing and approval shall be necessary to continue to use the land in a manner that requires approval of a use by special review.

(Ord. 22-02 Art. 4)

Inactive files shall become void if 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. Thereafter, the resubmittal of a new application and fees shall be required to pursue the special use request. After five (5) months of inactivity, staff shall notify the applicant in writing that the application will become void within thirty (30) days. If the applicant fails to submit the required additional information or request a hearing date within thirty (30) days, staff shall notify the applicant in writing that the application is void. The Director may grant an extension of time, of no more than six (6) months, upon a written request by the applicant.

(Ord. 22-02 Art. 4)

If a use by special review is denied by the City Council, a resubmittal of the same or substantially same use by special review application shall not be accepted within one (1) year from the date of denial by the City Council, or in the event of litigation, from the date of the entry of the final judgment. However, if evidence is presented to the City Council showing that there has been a substantial change in physical conditions or circumstances, the City Council may reconsider the use by special review. A new application and processing fee shall be required.

(Ord. 22-02 Art. 4)