The purpose of this Article is to provide a process to amend the City Zoning Map with regard to the area of any zoning district. During this process, factors such as lessening road congestion; ensuring the adequacy of public facilities to accommodate population growth; reducing the waste of excessive amounts of roads; promoting energy conservation; securing safety from fire, flood and other dangers; providing adequate light and air; classifying land uses and distributing land use and development; protecting the tax base; securing economy in governmental expenditures; fostering agriculture and other industries; and protecting urban, nonurban and rural development shall be considered.

(Ord. 22-02 Art. 4)

The following criteria shall be considered by the Planning Commission and City Council in the review of all rezoning applications:

(1)

Whether the application is in compliance with the requirements of this Article 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 conditions of the neighborhood;

(4)

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

(5)

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

(6)

Whether the subject land is suitable for the intended use; and

(7)

Whether the intended land use would create traffic congestion or burden the existing roadway network.

(Ord. 22-02 Art. 4)

The applicant shall meet with staff to discuss the procedures and submittal requirements for Step One, a preapplication review by staff and other pertinent agencies.

(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 rezoning to the applicant that identifies issues associated with the proposed rezoning, referral agencies to be contacted when the rezoning application is submitted, additional submittal requirements and the formal 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 is advisory only.

(Ord. 22-02 Art. 4)

The applicant shall submit:

(1)

Completed land use application form (available in the Planning Department);

(2)

Preapplication fee (fee schedule is available in the Planning Department);

(3)

Project summary (per Section 16-25-60 below); and

(4)

Plan exhibit (three [3] copies of the plan per Section 16-25-70 below).

(Ord. 22-02 Art. 4)

The project summary shall be in a narrative form completely addressing the following:

(1)

General project concept.

(2)

The name and address of:

a.

Landowner/applicant;

b.

Representative, if applicable;

c.

Mineral rights owner; and

d.

Water rights owner.

(3)

Purpose of the request.

(4)

Proposed development staging and time frame.

(5)

Relation to the existing land uses and abutting land uses.

(6)

Impacts on City services.

(7)

Source of water and method of wastewater treatment.

(8)

Type or method of fire protection.

(9)

Description of any natural or man-made hazards.

(10)

Impacts on existing flora and fauna.

(11)

Compliance with the following:

a.

The Comprehensive Plan; and

b.

Denver Regional Council of Government's standards or policies for water quality, transportation, air quality, etc.

(12)

Changes in the character of the neighborhood, since the land was last zoned, to substantiate a rezoning.

(Ord. 22-02 Art. 4)

Requirements for the plan exhibit are as follows:

(1)

The plan shall be prepared on 24" x 36" paper at a scale of 1" = 100', 1" = 200' or another scale approved by the Director that allows for maximum clarity of the proposal, with the name of the proposal placed at the top of the sheet along the long dimension of each sheet.

(2)

The legal description of the land must be shown on the plan exhibit.

(3)

A vicinity map shall be provided that depicts the area to be rezoned and the area which surrounds this site within a one-mile radius superimposed on the City Zoning Map maintaining the same scale.

(4)

A block in the lower right-hand corner shall include the following: the preparation date; a north arrow designated as true north; a written and graphic scale; the names and addresses of the applicant, developer, engineer or surveyor who prepared the exhibit; and the number of the sheet and the total number of sheets.

(5)

Existing zoning of the land on the plan exhibit and the existing zoning and land uses of the abutting land shall be indicated.

(6)

The existing easements on the site shall be delineated to scale, together with their use and titleholder or right holder to that easement.

(7)

All existing structures on the site shall be shown, together with their uses and whether they are to remain on the site.

(8)

Public access to the site and internal circulation, not limited to vehicular, shall be shown.

(9)

Right-of-way dimensions, name and surface materials shall be delineated for all points of access on or adjacent to the site shall be delineated.

(10)

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

(11)

All natural and man-made watercourses, retention areas, streams and lakes and the one-hundred-year floodplains affecting the site shall be graphically defined.

(12)

All adjacent land owned by the applicant and the current or intended use of such land shall be shown; land not part of the rezoning request shall be noted as such.

(13)

Any unique features on the site, historical landforms, views, etcetera, shall be noted.

(Ord. 22-02 Art. 4)

(a)

The rezoning application shall be submitted and considered only after the preapplication review (Step One) has been completed by the Community Development Department and a copy provided to the applicant. The submittal and decision process shall be the same as set forth in Section 16-15-50 for Planned Developments. The applicant shall be responsible for public notice as provided in Section 16-25-100 below.

(b)

Upon approval, an ordinance shall be adopted by the City Council which includes the full legal description of the land rezoned and which shall be recorded in the County Clerk and Recorder's office.

(c)

If denied by the City Council, the submittal of a new application and processing fee shall be required in order to pursue the proposed rezoning. A resubmittal of a rezoning request for the same or substantially same request, as determined by the Director, shall not be acceptable within one (1) year of such denial. The applicant may appeal the decision of the Director, in writing, to the City Council within ten (10) business days from the date of the decision.

(Ord. 22-02 Art. 4)

The applicant shall submit the following. Those documents that were submitted pursuant to Section 16-25-50 above may be resubmitted in the same form or as modified after review by the Community Development Department.

(1)

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

(2)

Application fee (fee schedule is 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)

Project summary (per Section 16-25-60 above).

(5)

Plan exhibit (per Section 16-25-70 above).

(6)

A copy of the formal Community Development Department analysis from the preapplication review and any additional information as requested by the Director.

(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 this Section (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 owners, and to homeowners' associations which have authority over property located within two hundred (200) feet of the land proposed for rezoning, to the mineral rights owners and lessees and to easement holders. The mailed notice shall include:

a.

A short description of the proposed rezoning in narrative form;

b.

A site plan depicting the land proposed for rezoning; and

c.

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

An alphabetical list of the mineral rights owners and landowners and 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 Community Development Department at least five (5) business days prior to the public hearing.

The City Council may direct that the notice be published in one (1) or more additional newspapers of general circulation in the City. The notice shall read:

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

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, if applicable] for a change in zoning from (zone district) to (zone district). The subject property is located approximately (distance and direction from nearest major intersection). For more information, call the Community Development Department [list the phone 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 consideration. 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. The notices shall read:

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

This land shall be considered for a change in zoning from (zone district) to (zone district). 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, if applicable] 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 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 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)

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 are inactive 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. The resubmittal of a new application and fees shall be required to pursue the rezoning request. 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)

The City Council may, at any time, direct the Community Development Department to initiate rezoning for any parcel or parcels of land within the incorporated area of the City. When rezoning is initiated by the City Council, the owners of record and contract purchaser, when applicable, shall be notified by certified mail of the intended zoning change, unless the rezoning is based upon a City-wide, comprehensive rezoning program. In regard to City-wide comprehensive rezonings, all applicable procedures as to publishing and public hearing shall be followed.

(Ord. 22-02 Art. 4)