The intent of this Site Improvement Plan (SIP) Article is to ensure compliance with the development and design standards and provisions of this Chapter through a development review and approval process to create a well-designed community that enhances the quality of life for citizens in keeping with the vision expressed in the City's Comprehensive Plan.

(Ord. 22-02 Art. 4)

Approval of an SIP is required prior to any construction of new buildings and related site improvements, to include, but not be limited to, park development, public facilities, or structures and site improvements associated with public utilities. Approval of an amended SIP may be required for exterior modifications to existing buildings and site improvements, and changes in use as provided in Section 16-27-180. SIPs are not required for single-family detached development.

(Ord. 22-02 Art. 4)

The City Council has adopted by reference Design Guidelines and Standards for Architecture and Site Planning and Design Guidelines and Standards for Landscaping to implement the intent of this Article, and to facilitate the preparation of SIP applications. Copies of both Design Guidelines and Standards are available online at the City's website, or from the Community Development Department. Such Design Guidelines and Standards may be amended or replaced and/or additional Design Guidelines and Standards adopted by resolution of the City Council. The Director and/or Planning Commission may provide a recommendation with respect to proposed additions, amendments or replacement of Design Guidelines and Standards.

(Ord. 22-02 Art. 4)

The following steps identify the complete review process for SIP applications. All new SIP applications must follow this process. Depending on the scale and scope of SIP amendments, not all SIP amendment applications will require review by the Planning Commission, and/or approval by City Council; please consult Section 16-27-180 for additional information regarding classification of SIP amendments and associated review processes.

(1)

Presubmittal Meeting: Intended to assist the applicant in preparing a formal SIP application.

a.

Prior to submittal of the SIP, the applicant shall meet with the Community Development Department staff and other staff and entities, as determined by the Community Development Director or designee, to discuss the procedures, submittal requirements and criteria of approval.

b.

The applicant shall submit a concept plan of the building and site, and a brief narrative explaining the proposal at least seven (7) business days prior to the Presubmittal Meeting.

c.

A fee is required for the Presubmittal Meeting. Depending on the scope of the development, additional Presubmittal meetings may be required; each additional pre-submittal meeting may incur a separate fee, as determined by the Community Development Director.

d.

Applicants are advised that some areas within the City require project review and approval by private design review committees prior to scheduling Presubmittal meetings with the City. Applicants should consult the Community Development Department for assistance in determining if such requirements apply to their development site.

e.

If an applicant fails to submit an SIP application within one hundred eighty (180) days of the Presubmittal Meeting, a new Presubmittal Meeting application and fees shall be required. The Community Development Director may grant no more than one (1) extension of time, of no more than one hundred eighty (180) days, upon a written request by the applicant for good cause shown.

(2)

Completeness Review: Intended to ensure the application is complete prior to staff review.

a.

The applicant shall submit to the Community Development Department the application and all information and fees in accordance with the submittal requirements in Section 16-27-80 of this Article.

b.

Within seven (7) days of receipt of an application, the City shall notify the applicant of any missing or incomplete information. An incomplete application may not be processed. Depending on the scale and scope of an SIP, additional materials may be requested by the Community Development Department and/or Public Works Department after the initial review for application completeness and during the technical review and/or referral processes.

(3)

Technical Review: Intended to ensure an application has met all general requirements of City Code, Standards and applicable plans prior to an application being released on public referral; this promotes efficiency and minimizes the number of referrals that may be required for an application.

a.

Once an application is determined to be complete, the applicant will be notified to submit print copies of the SIP and other materials, as may be required. Staff will then conduct a technical review of the complete SIP application and all supporting materials.

b.

Technical comments from the Planning and Engineering Divisions shall be provided to the applicant within twenty-one (21) days of plan submission for technical review. Such comments will note which technical review items must be addressed in order to proceed to the referral review process.

(4)

Referral review. Intended to ensure an application meets all minimum requirements of utility companies, service districts and other applicable external agencies prior to the application being presented to Planning Commission and/or City Council for recommendation or approval.

a.

Following resubmittal of the application addressing staff's technical review comments, and when staff has determined the submittal to be complete and in general conformance with City Code, Design Standards and applicable plans, the applicant will be notified to submit an electronic file of all application materials. Staff will distribute the application materials to referral agencies.

b.

The referral period shall be thirty-five (35) days; however, such period may be reduced to no less than twenty-one (21) days by the Community Development Director based on the scale or complexity of the project.

c.

Staff will provide the applicant with referral responses received from referral agencies and/or the general public and will note which critical comments must be addressed in order to proceed to the public hearing process. The applicant is encouraged to meet with the Community Development Department and/or Public Works Department, referral agencies and other interested parties to address the referral concerns prior to the end of the referral period. The applicant is required to pay any review fees that may be assessed by referral agencies. All referral comments will be provided to the Planning Commission and City Council as part of the application packet.

(5)

Notification to Adjacent Property Owners. Ensures timely notice to adjacent landowners and mineral rights owners.

a.

For all SIP applications requiring approval by Planning Commission or City Council, the applicant shall provide a vicinity map of the property and a list of the mineral rights owners, adjacent property owners and other surrounding property owners as required by the Community Development Department.

b.

The Community Development Department shall notify mineral rights owners and adjacent landowners of the application via U.S. mail or electronic mail; the applicant shall be responsible for payment of associated mailing fees in accordance with the City's published fee schedule.

c.

The Community Development Department will provide a printed project notice to the applicant. It is the applicant's responsibility to post the notice on the project site in a publicly visible location for the duration of the application period (until final approval from the City is received). The applicant shall be responsible for payment of associated printing fees, as determined by the City's published fee schedule.

(6)

Planning Commission Review.

a.

Following submittal of the revised SIP based on staff and referral comments, staff shall review the revised SIP to ensure it adequately addresses all critical referral comments. Once the revised SIP is found to address all critical referral comments, staff will schedule a public hearing before the Planning Commission, providing notice of such hearing to the applicant and to the public via posting on the City's website at least seven (7) days in advance of such public hearing. Staff will prepare a staff report for consideration by the Planning Commission. The report shall include staff findings and a recommendation for SIP approval, approval with conditions, or denial, based upon conformance with the criteria of approval in Section 16-27-70.

b.

The applicant may be required to submit printed and bound copies of the SIP or colored renderings on 11" x 17" sheets and other material as determined by the Community Development Department for the Planning Commission review. The applicant is responsible for preparing a visual presentation for Planning Commission and for ensuring a representative will attend the Planning Commission hearing to provide such presentation. Failure to attend the Planning Commission hearing may result in the application being tabled for review at a later date.

c.

The Planning Commission shall evaluate the application, referral comments, staff report and hearing testimony and make a recommendation to the City Council to approve, approve with conditions, or deny the SIP. The Planning Commission may also continue the hearing to a date certain for further study. The Planning Commission's decision shall be based on the evidence presented and compliance with the criteria of approval. In the case of certain Minor SIP Amendments, as described in Section 16-27-180, the Planning Commission is the decision-making entity.

(7)

City Council review.

a.

Following the recommendation by the Planning Commission, the Community Development Department will schedule the SIP for a public hearing before the City Council and notify the applicant of the public hearing date and time. The City Council may, at its discretion at a public hearing, set a City Council public hearing date for City Council consideration of an SIP application which has been continued by the Planning Commission, with or without Planning Commission recommendation.

b.

The applicant may be required to submit printed and bound copies of the SIP or colored renderings on 11" x 17" sheets and other material as determined by the Community Development Department for the City Council. review. The applicant is responsible for preparing a visual presentation for City Council and for ensuring a representative will attend the City Council hearing to provide such presentation. Failure to attend the City Council hearing may result in the application being tabled for review at a later date.

c.

The Council shall evaluate the SIP, 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 SIP. The Council's decision shall be based on the evidence presented and a finding of compliance or noncompliance with the criteria of approval. Any decision of denial shall be in writing and, if the applicant is not present when such decision is rendered, the City shall provide notice of such decision to the applicant via first class mail, electronic mail, or hand delivery within ten (10) business days of such decision.

d.

If denied by the Council, a resubmittal of the SIP for the same or substantially same request, as determined by the Director, shall not be accepted within one (1) year of such denial.

e.

If approved by Council, the SIP shall be recorded in accordance with Section 16-27-100.

(8)

Review of building permit applications concurrent with SIP review.

a.

A building permit may be issued only after an SIP and all required documentation has been approved and recorded by the City. However, with the approval of the Community Development Director, an applicant may submit a building permit application to the Building Division for review concurrent with the SIP application. Building permits shall not be issued for any development that is not in conformance with the approved SIP. Approval of construction drawings and permits by the Director of Public Works or their designee and by any relevant service providers, e.g., utilities or special districts, shall be required prior to issuance of building permits.

(Ord. 22-02 Art. 4)

In order to mitigate potential negative impacts from development, the City may impose conditions of approval on an SIP including but not limited to hours of operation, deliveries, trash pickup, and/or parking lot and street sweeping restrictions. Such restrictions shall be imposed based on evaluation of the magnitude and frequency of the permitted use as it relates to impacts on traffic, parking, noise, light, dust, odor, vibrations or similar forms of pollution or public nuisances.

(Ord. 22-02 Art. 4)

The City Council is authorized to grant variances to the regulations of this Chapter, the Design Guidelines and Standards, or Sub-Area Plans as part of the SIP process, provided that the variance conforms to the approval criteria in Section 16-26-30 of this Chapter.

(Ord. 22-02 Art. 4; Ord. 23-06, Art. 4)

A Site Improvement Plan shall be reviewed for compliance with each of the following criteria:

(1)

The SIP is in substantial conformance with and furthers or implements the following plans, standards and guidelines:

a.

The Comprehensive Plan;

b.

The Design Guidelines and Standards; and

c.

Any applicable site-specific plans, including but not limited to, Planned Development District, Sub-Area and/or Framework Plans.

(2)

Approval of the SIP is consistent with the intent of this Chapter.

(3)

The SIP shall be in conformance with the applicable sections of this Chapter; Planned Development zoning as applicable; Roadway Grading, Drainage and Erosion Control Standards; and other requirements as applicable.

(4)

The SIP is consistent with previously approved plats, Planned Developments, and other land use approvals affecting the subject property.

(5)

The proposed development mitigates or offsets to the maximum extent practicable any adverse impacts reasonably anticipated to result from the use.

(6)

The site of the proposed development does not have any active zoning violations under this Chapter, unless otherwise approved by the Director for good cause shown.

(Ord. 22-02 Art. 4)

Unless otherwise specified, all application materials shall be submitted to the Community Development Department electronically in a portable electronic format (pdf) on forms approved by the Community Development Department. An application package is available from the Department outlining the complete list of submittal materials, specifying submittal format and details. Additional SIP exhibit specifications and criteria available on the City's webpage are herein incorporated into the SIP application requirements; it shall be the applicant's responsibility to ensure the SIP application conforms with the exhibit requirements specified by the City.

The SIP shall include the following components, unless the Community Development Director waives one or more requirements determined to be unnecessary for the review of the application due to site circumstances, or the scale or nature of the application. Incomplete applications shall not be accepted for processing.

(1)

A Community Development application form.

(2)

An Engineering application form.

(3)

Planning and Engineering Division application fee(s) in accordance with the City's adopted fee schedule.

(4)

A Project Description, to include a Statement of Design Intent and a Sustainability Statement.

(5)

A fully detailed SIP plan set prepared in accordance with generally accepted professional standards; the set shall include plans for grading, utilities, irrigation, landscaping, lighting, drainage, site amenities/furnishings, traffic and pedestrian access and connectivity, and building elevations and renderings. The SIP shall include standard notes, certifications, notices and signature blocks as approved by the Community Development Department and City Attorney.

Bound plan sets on 24" x 36" paper may be required by Community Development Department staff. Prior to public hearings, staff will inform the applicant of additional bound plan sets that may be required on 11"x17" paper, to be provided by the applicant to the Community Development Department for Planning Commission and City Council review.

(7)

A notarized Letter of Authorization from the landowner indicating proof of ownership and authorization for a representative to process the application (when the landowner and applicant are different).

(8)

A Treasurer's certificate of taxes paid.

(9)

An electronic file of the recorded final plat which shows the lots on which the SIP is proposed; or for unplatted land, a certified boundary survey of the site prepared by, or under the supervision of, a registered professional land surveyor licensed within the State of Colorado.

(10)

Identification and documentation of covenants or other private agreements and encumbrances affecting the subject property.

(11)

Dedications of land or cash in lieu of such dedication may be required as provided in Chapter 17, Article IX of this Code.

(12)

A product sample board reflecting all exterior building materials and colors, including glazing and mullions.

(13)

Manufacturer's specifications (including color) for any fencing, retaining walls and/or site furnishings, to include, but not be limited to, trash receptacles, bike racks, and playground equipment.

(14)

Depending on the scale and complexity of the SIP proposal the Community Development Department may also require building floor plans, section drawings, perspective drawings, and/or supplemental reports/studies.

(15)

To ensure an overall cohesive appearance, commercial areas that consist of properties with multiple ownerships that share common access shall coordinate site maintenance responsibilities such as parking lot maintenance, snow plowing, detention facilities, landscaping and similar services through a business or common association, or separate agreement. For all such applicable sites, a copy of such recorded agreements is required with the SIP application. For all such applicable sites where such an agreement does not yet exist and/or is not yet recorded, development of such an agreement may be required as part of the SIP application; recordation of such an agreement may also be required as part of the SIP application.

(16)

A master phasing plan may be required for projects proposed to be constructed in more than one phase. The master phasing plan shall identify the general type, design and timing of proposed public improvements, infrastructure, site and amenity development, and building construction. The master phasing plan must be included in the SIP plan set for review and approval per Section 16-27-40. Such plans shall be used to guide the review of SIPs submitted for subsequent phases and may be amended as part of the original SIP per Section 16-27-180.

(17)

A Phase III drainage report submitted in conformance with the City's adopted Storm Drainage Design and Technical Criteria manual.

(18)

An Erosion Control Study and Plan, in conformance with Chapter 15 of Code and the City's adopted Storm Drainage Design and Technical Criteria manual. Methods of erosion control (temporary/permanent), soil and vegetation removal, stockpiling and reuse shall be included.

(19)

One (1) bound set of civil site improvement construction drawings, showing items such as grading, paving, storm drainage improvements, etc. The bound civil drawings shall be provided on 24" x 36" paper and shall be accompanied by electronic copies in pdf and AutoCAD formats. Civil design shall be at one hundred percent (100%) unless otherwise approved by the Public Works and Community Development Directors. (Contact the Engineering Division and any affected special district for details.)

(20)

All development sites adjacent to open space and/or undeveloped land shall submit a wildfire risk assessment and wildfire mitigation plan. Wildfire risk assessments and wildfire mitigation plans shall be prepared by a Wildfire Mitigation Specialist.

a.

Wildfire risk assessments shall provide an appraisal of the site (to include the land and any existing structures or improvements) which assesses the likelihood of burning (burn probability) and the distribution of wildfire intensity in the event a burn occurs. Such an appraisal shall include an assessment of the impacts of fuel (to include vegetation and existing structures/development), historic weather conditions and climactic patterns, and topography on burn probability and wildfire distribution. The assessment shall also analyze the consequences to human life, health, property and the environment in the event a burn occurs on the site.

b.

Wildfire mitigation plans shall identify measures designed to minimize the destructive effects of a wildfire to a development site and the surrounding area. The plan shall address site design and function, use restrictions, building and furnishing/amenity materials to improve fire resistance, building and furnishing/amenity locations to reduce ignition risk, landscaping treatments, access and circulation, modifications to and maintenance of the Wildland Urban Interface (WUI) surrounding the site, and any additional design and use components deemed necessary by a Wildfire Mitigation Specialist, or that may be requested by the City.

(21)

Supplemental utility, traffic and/or other technical studies and information as may be required by the Community Development and/or Public Works Departments.

(Ord. 22-02 Art. 4; Ord. 23-06, Art. 4)

The final SIP shall contain executed certifications, approval blocks, notices and statements in a standard format approved by and made available from the Community Development Department. Such certifications, approval blocks, notices or statements may be modified as approved by the City Attorney.

(Ord. 22-02 Art. 4)

All SIPs and associated Site Improvement Plan Improvements Agreements (SIPIA) shall be recorded in the office of the Douglas County Clerk and Recorder in accordance with the City's administrative procedures. The City may also require recordation of SIP amendments that include, but may not be limited to, the assignment of maintenance responsibilities for infrastructure, landscaping, or other public amenities; or that include land use restrictions or obligations not otherwise defined in this Code, City regulations, sub-area plans, or planned development district plans; or that include other legally binding land use restrictions or obligations, as determined by the Community Development Director. The applicant shall be responsible for all recordation fees.

(Ord. 22-02 Art. 4)

The applicant is responsible for ensuring the project is completed in accordance with the approved SIP and materials sample board and further assumes the risk associated with any changes, omissions or field change orders made without prior City approval. Unauthorized changes, omissions, or field change orders may result in corrective actions, additional review and/or inspection fees and resubmittals, delay of permits or certificates of occupancy, or citations for zoning violations. Building plans shall conform to the approved SIP. Prior to the Community Development Department signing off on the release of a certificate of occupancy, a post-approval inspection will be conducted by the Community Development Department to ensure conformance with the approved SIP. Applicants shall contact the Community Development Department for such inspection when construction is complete, and all improvements have been made per the approved SIP.

(Ord. 22-02 Art. 4)

(a)

Staff inspection of building design, materials and colors, landscaping, grading, drainage and erosion control is required prior to issuance of a Certificate of Occupancy. At the early stages of final exterior building material and color application, the applicant is responsible for contacting staff to schedule on-site inspections. The applicant is strongly encouraged to provide a sample mock-up of a representative portion of the building to expedite the inspection process and ensure compliance with the approved plans and material sample board. Planning Staff shall issue a SIP inspection certificate upon inspection and approval.

(b)

Inspections of utility and infrastructure improvements may occur within any month of the year, unless otherwise directed by the Public Works Director. Inspections of landscape improvements shall occur between May 1 and October 31, unless otherwise approved by the Community Development Director.

(c)

Certificates of Occupancy. When the construction of all buildings and all site improvements has been completed in accordance with the approved SIP, building permits and approved civil site engineering construction plans, a Certificate of Occupancy (CO) will be issued.

(Ord. 22-02 Art. 4)

(a)

A Certificate of Occupancy shall not be issued for any development that is not in conformance with the approved SIP except in limited circumstances involving minor field change orders approved administratively by the Community Development Director or their designee; such alterations may include but are not limited to:

(1)

An addition or change to mechanical equipment generally in the same dimensions where proper screening is achieved;

(2)

Replacement of one type of tree or landscaping material for another that achieves the same intent;

(3)

Relocation of an exterior door or window;

(4)

Minor modifications to site furnishings; and

(5)

Routine maintenance of building and site improvements where replacements or minor upgrades are made consistent with the City's Design Guidelines and Standards.

(b)

Field change orders for minor alterations or material replacements may be requested once a project is under construction and shall be made in writing to the Community Development Department. Such requests shall be limited to minor changes to the approved SIP due to plant or material unavailability or minor realignments of planting or product placement that will not alter or impair the overall standards and/or functional aspects of the approved SIP, or other City standards or criteria as determined by the Community Development Department.

(c)

Major field change orders require an amendment to the SIP as set forth in Section 16-27-180.

(Ord. 22-02 Art. 4)

(a)

Unless as otherwise approved by the City through the establishment of vested property rights, an SIP shall expire and be of no further force and effect three (3) years following the date of recordation (or approval, in the case of SIP amendments that do not require recordation) unless prior to the date of expiration: (1) a building permit is issued and construction has been diligently pursued towards completion of the project, as determined by the Building Official; or (2) approval has been extended in accordance with subsection (b) below. For multi-phased SIPs, building permits shall not be issued more than three (3) years from the date of Phase I approval when it is determined by the Director that updated regulations or changing conditions warrant a new submittal.

(b)

In the event an SIP is approved, but no certificate of occupancy is issued within three years from the date of building permit issuance, a new and/or revised SIP may be required by the City.

(c)

The Director may grant one (1) extension, of not more than six (6) months, upon a written request by the applicant prior to the expiration of the SIP if a review of the SIP shows that no major changes in the City's development or zoning regulations or in the development pattern of the surrounding properties has occurred, as determined by the Director. The Director shall determine if updated City regulations or standards shall apply and whether a reinstatement of the expired SIP will be processed administratively or involve review by the Planning Commission and/or City Council.

(Ord. 22-02 Art. 4)

The City shall determine the type, location and extent of necessary improvements that may be required for each SIP, based on the characteristics of the proposed development, its relationship to surrounding areas and applicable Codes and regulations governing such improvements. The developer shall provide for the construction, at no cost to the City, of all utilities and other public infrastructure and improvements, as may be required by the City.

(1)

A Site Improvement Plan Improvements Agreement (SIPIA) and associated surety(ies) may be required to guarantee the completion of Site Improvement Plan improvements and to specify the nature and timing of the work to be completed.

A SIPIA will be required whenever any improvements on or associated with the site are within the public right-of-way or are (or may become) the City's to maintain, and in other circumstances as determined by the Public Works Department and/or Community Development Department. The developer shall provide the necessary security to ensure infrastructure and/or landscaping improvements are made, as determined by the City.

(2)

Improvements shall be constructed and/or installed according to plans and specifications prepared by a licensed professional engineer and/or landscape architect in accordance with the adopted Roadway Design and Construction Standards; the Storm Drainage Design and Technical Criteria Manual; the Grading, Erosion and Sediment Control Manual; the Flood Damage Prevention Ordinance; the Design Guidelines and Standards; Chapters 15, 16 and 18; the Building and Fire Codes; and other applicable regulations, as determined by the City.

(3)

Except for force majeure causes, failure by the applicant to complete the work or to request a time extension within the specified time period for completion may result in a forfeiture of the security and may cause the City to initiate the construction of such improvements, as detailed in the SIPIA. Except for force majeure causes, the Director may grant no more than two (2) extensions of not more than six (6) months each upon receipt of a written request, accompanied by an extension of the financial security. A separate request must be submitted for each requested extension, and such request must be submitted prior to the date the construction was to have been completed.

(Ord. 22-02 Art. 4)

(a)

No SIP or amendment shall be approved or recorded until the applicant has submitted, and the City has reviewed and accepted, one (1) or a combination of the following:

(1)

A Site Improvement Plan improvements agreement (SIPIA) and associated security (if required).

(2)

Other agreements setting forth the plan, method and parties responsible for the construction of any required Site Improvement Plan improvements shown in the final SIP documents which, in the judgment of the Public Works Department and/or Community Development Department, will make reasonable provision for completion of said improvements in accordance with design and time specifications.

(3)

Documentation that there are no required Site Improvement Plan improvements associated with the SIP.

(b)

When required, the applicant shall provide security, in a form acceptable to the City, for the Site Improvement Plan improvements as follows:

(1)

The applicant shall provide the City with an itemized estimate of the cost of required Site Improvement Plan improvements, except those landscaping improvements as described in Section 16-27-160(c), on a standardized form available from the Public Works Department in accordance with the requirements of the Roadway Design and Construction Standards, the Storm Drainage Design and Technical Criteria Manual, the Grading Erosion and Sediment Control Manual, Chapter 15 and other applicable regulations. Upon review, the Public Works Department shall require one (1) of the following:

a.

Security in the amount of one hundred fifteen percent (115%) of the total cost of the required site improvements shall be submitted concurrently with the recordation of the Site Improvement Plan Improvements Agreement. The applicant shall post security for landscaping improvements separately, as applicable.

b.

Warranty security in the amount of fifteen percent (15%) of the total cost of required improvements shall be paid by the applicant prior to the issuance of building permits, when the required site improvements have been completed and been granted probationary acceptance by the Public Works Department.

(c)

For required landscape improvements, the applicant shall provide the City with an itemized estimate of the cost of required landscape improvements on a standardized form available from the Community Development Department in accordance with the requirements of this Code and Design Standards and Guidelines for Landscaping and other applicable regulations. Security for landscape improvements shall consist of one of the following:

(1)

Security in the amount of one hundred fifteen percent (115%) of the total cost of the required landscape improvements posted concurrently with the recordation of the Site Improvement Plan Improvements Agreement. Release of such security by phase shall be in accordance with the terms of the Site Improvement Plan Improvements Agreement.

Unless security is provided by the developer as provided in 16-27-160(c)(1), a restriction on the issuance of a certificate of occupancy may be imposed in accordance with the terms and conditions set forth in a SIPIA. A restriction on certificates of occupancy shall mean that until all required landscape improvements are installed and completed for the development, the City shall not issue any certificate of occupancy for such development.

(2)

Warranty security in the amount of fifteen percent (15%) of the total cost of required landscape improvements shall be paid by the applicant prior to the issuance of building permits, when the required landscape improvements have been completed and been granted probationary acceptance by the Community Development Department.

(d)

The Director of Public Works (or their designee) and the Community Development Director (or their designee) shall review the SIPIA (or alternative agreements and/or contracts) and the cost estimates and recommend changes as necessary to complete the required improvements.

(e)

The City Attorney shall review any modifications made by the applicant to the SIPIA (or alternative agreements and/or contracts) and notify the applicant of any deficiencies or required changes. The SIPIA and/or agreements shall be in the form approved by the City Attorney and the City Manager.

(f)

The Director of Public Works and/or the Community Development Director, or their designee, shall monitor the SIPIA and/or any alternative agreements and/or contracts.

(g)

At the discretion of the City Manager, the City may waive the requirement for security by federal, state or local governments, including metropolitan and special districts, upon evidence of alternate assurance of completion of public improvements through budget appropriations of sufficient funds.

(Ord. 22-02 Art. 4)

(a)

Upon completion of all required Site Improvement Plan improvements as identified in the SIPIA, the applicant may apply to the Public Works Department and/or the Community Development Department for probationary acceptance and associated reduction of the security to fifteen percent (15%) of the total cost of the improvements.

(b)

Upon inspection by the Director of Public Works and/or the Community Development Director, and upon their approval, the City shall issue a written probationary acceptance and authorize the security reduction. If the City determines that any improvements are not constructed in substantial compliance with the specifications, it shall furnish the applicant a list of specific deficiencies and shall retain security until all deficiencies have been satisfactorily addressed and the project is issued probationary acceptance.

(c)

If the City determines that the applicant has not constructed any or all of the improvements in accordance with all of the specifications and agreed upon time frames, the City may withdraw and employ from the deposit of security such funds as may be necessary to construct the improvements in accordance with the specifications. If the submitted security is not sufficient to cover the improvements, the applicant is responsible for the additional costs.

(d)

The probationary period shall be two years from the date of the City's issuance of probationary acceptance. At the end of the two-year probationary period, the applicant shall request a final inspection from the Public Works Department and/or the Community Development Department. Upon inspection by the Director of Public Works and/or the Community Development Director (or designees) and upon their approval, the City shall issue final acceptance and release the remaining security.

(e)

If the City determines that any improvements are not constructed in substantial compliance with the specifications and/or have defects, it shall furnish the applicant with a list of specific deficiencies and retain the remaining security until all deficiencies have been satisfactorily addressed and the project is granted final acceptance. Security to cover the cost of repair of such improvements is required during the warranty period in accordance with the requirements of the SIPIA.

(f)

If the City determines that the applicant has not addressed the deficient items from the final inspection in accordance with all of the specifications and agreed upon time frames, the City may withdraw and employ from the deposit of security such funds as may be necessary to address the deficiencies in accordance with the specifications. If the submitted security is not sufficient to cover the improvements, the applicant is responsible for the additional costs.

(Ord. 22-02 Art. 4)

An SIP Amendment may be required for exterior modifications to existing buildings and site improvements, or for changes in use of an existing site. SIP amendments are processed as minor or major amendments.

Based on criteria set forth below, minor amendments are reviewed administratively by staff or by Planning Commission and major amendments are reviewed by Planning Commission and City Council:

___________

SIP Minor and Major Amendment Process Guidelines

¹ Calculated per building.

² Maximum height in the zone district cannot be exceeded without amending the zoning document.

³ If the decrease is below the minimum required by code, a parking study may be required.

___________

(Ord. 22-02 Art. 4)

(a)

Generally. The purpose of the Minor Amendment is to provide an efficient process for minor modifications to approved SIPs that satisfy eligibility and approval criteria.

(b)

Elements Eligible for Minor Amendments. The items listed in the chart in Section 16-27-180 qualify for a Minor Amendment within the ranges specified therein. If an item does not qualify as a Minor Amendment or is otherwise not applicable to Field Change Orders per Section 16-27-130, it is considered a Major Amendment and must be processed as set out in Section 16-27-260, Major Amendment, below.

(c)

Specific Exclusions. The following items are not eligible for approval as a Minor Amendment under any circumstances:

(1)

An application that proposes a variance affecting an element of the project for which a variance has previously been granted either administratively or by the City Council. In those cases, the SIP shall be subject to City Council review.

(2)

An application that requires additional right-of-way dedications, easements or public improvements; that requires a Site Improvements Plan Improvement Agreement (SIPIA) or other maintenance agreement; or that requires modifications to an existing SIPIA, or existing maintenance agreement.

(3)

Subdivision related changes (such as those impacting lot lines, easements, rights-of-way, private roadways, drainage systems, or vacations of any such features), without prior or concurrent approval of a replat or plat correction as applicable.

(d)

SIP Amendment Not Required. If a proposed post-certificate of occupancy site change is so minor as to have little to no impact on the approved SIP, as determined by the Community Development Director, such site changes shall not require a Minor Amendment to the approved SIP. Examples of such changes may be found in Section 16-27-130 (Field Change Order).

(Ord. 22-02 Art. 4)

Revisions to approved SIPs shall not be permitted without first consulting with the Community Development Director to determine if an SIP amendment is required, and if so, what the process will be. The Community Development Director shall determine if the proposed revisions will be processed as a minor amendment requiring either staff or Planning Commission approval, or as a major amendment requiring City Council approval. Minor Amendments may require City Council approval based on the scale, impact, phasing location, surrounding land uses or the significance of the element being changed to the overall quality of the project.

(a)

Prior to submittal of the application, the applicant may be required to attend a pre-submittal meeting with staff to review the proposal. When required, prior to the pre-submittal meeting, the applicant shall submit all pre-submittal materials, along with a letter of intent, which details how the proposed amendment meets the applicable amendment criteria set out in Section 16-27-180. During the pre-submittal meeting, the Community Development Director will make an initial determination as to the proposal's eligibility to be processed as a Minor Amendment.

(b)

Upon a determination that the application can be processed as a Minor Amendment, the applicant must submit the formal application within 60 days of the Director's determination. Failure to submit the formal application within 60 days of the Director's written determination will render the decision with regard to the review process voidable.

(c)

The Community Development Director reserves the right to refer any request for a Minor Amendment to the Planning Commission for consideration at a public hearing based on the scope, impacts, or level of concern about whether and to what extent the application complies with approval criteria. The Community Development Director will notify the applicant if the Community Development Director determines that Planning Commission and/or City Council review will be required.

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

(1)

Minor and Major Amendments shall be processed according to the following review criteria:

a.

All amendments must meet the intent of the SIP requirements and the Design Guidelines and Standards, as applicable.

b.

All applications will be sent to the appropriate referral agencies for comment.

c.

If the nature of the SIP amendment impacts a previously approved variance by the Director, the request may be reviewed by the City Council, as required by the Director.

(Ord. 22-02 Art. 4)

The following application materials are required for a Minor Amendment:

(1)

A completed Land Use Application.

(2)

An amendment exhibit (site plan, architectural renderings) clearly depicting the approved and proposed building and/or site conditions.

(3)

A letter of intent that explains, justifies and validates the request, stating all facts relied upon and providing documentation as requested.

(4)

Letter of Authorization (if the applicant is not the property owner).

(5)

Certificate of taxes paid.

(6)

Proof of ownership, as required.

(7)

Other information, reports, and supporting design detail, as requested by the Community Development Department.

(8)

Community Development Department application fee and engineering review fees, when required, pursuant to the City's adopted fee schedule.

(Ord. 22-02 Art. 4)

Each of the following criteria shall be met for approval of a Minor Amendment:

(1)

SIP Minor Amendments must be consistent with the Comprehensive Plan, principles of the City Design Guidelines for Architecture and Site Planning, and in conformance with the Design Standards for Architecture and Site Planning and the Design Standards for Landscaping.

(2)

The SIP amendment shall be in conformance with the applicable sections of Chapter 16 of the Municipal Code (Zoning Code); Planned Development zoning as applicable, Sub-Area Plans, as applicable; and Roadway Grading, Drainage and Erosion Control Standards; and other requirements as applicable.

(3)

The SIP amendment shall be eligible for a Minor Amendment process per Section 16-27-190.

(4)

Approval of the SIP amendment is in keeping with the spirit and intent of this Chapter and will not weaken the purposes of the regulations.

(5)

Approval of the SIP amendment will not adversely affect the public health, safety, and welfare.

(6)

The site may not have any active zoning violations, unless otherwise approved by the Director.

(Ord. 22-02 Art. 4)

This section applies to any changes to an SIP that do not qualify for a Minor Amendment pursuant to Section 16-27-180; changes that do not qualify under that section are considered "major amendments" for the purposes of this Section.

(Ord. 22-02 Art. 4)

(a)

A major change requires resubmittal of the original documents, per Section 16-27-80. The Community Development Director may waive resubmittal of any of the original submittal items if they do not pertain to the changes to the SIP.

(b)

When possible, the development standards should appear in a chart format comparing the approved SIP details and the proposed changes to those details, as originally approved.

(Ord. 22-02 Art. 4)

A major change is processed in accordance with Section 16-27-40. If required for the original application, a major change requires a new public hearing with the Planning Commission and/or City Council. SIP major amendments shall be recorded.

(Ord. 22-02 Art. 4)