All land use activities applications shall conform to this Chapter.

The following land use activities are reviewed and approved by the Community Development Department:

(a)

Plot Plan

(b)

Floodplain Development permit pursuant to Section 16-4-45

(c)

Sign Permit pursuant to section 16-x-xx

(d)

Site Plan under 15,000 sq. ft.

(e)

Administrative plat or correction of errors

(f)

Change of use

(g)

Request for second driveway permit

The following land use activities require a public hearing:

(a)

Amendments to the Comprehensive Plan

(b)

Amendment to the Official Map

(c)

Amendments to the Text of the Land Use Code

(d)

Appeals

(e)

Conditional Use

(f)

Major Subdivision

(g)

Manufactured Home Communities

(h)

Planned Unit Development (PUD)District Master Plan and Final Development Plan

(i)

Revocation of Approved Development Applications and Permits

(j)

RV Park Development

(k)

Site Plan over 15,000 sq. ft.

(l)

Site Specific Development Permit/ Vested Rights

(m)

Special Use Permit for New Oil and Gas Operations

(n)

Vacation of Right-of-Way/Easements

(o)

Variances

(p)

Wireless Telecommunication Facility

(a)

A pre-application is a non-binding meeting held when an application submittal is imminent, that benefits the applicant by giving them the opportunity to discuss submittal requirements with the Town Staff. The meeting will include staff from the Community Development Department, Public Works Department, the Fire District, Building Official, Town Engineer, Water Engineer, Certified Floodplain Manager, and any other technical staff or consultants as applicable to the type of application.

(b)

The preapplication conference also serves to facilitate discussion about the technical elements of the development including but not limited to:

(1)

Characteristics of the site and surrounding area, such as size, location, zoning, accessibility of the site, natural and man-made features, natural hazards, and surrounding development and land use.

(2)

The nature of the development proposed, including:

a.

Proposed Uses;

b.

Densities;

c.

Placement of Proposed Buildings and Improvements;

d.

Location, Type, and Method of Maintenance of Common Open Space;

e.

Public Use Areas such as Trails, and Paths;

f.

Internal Circulation System;

g.

Total Ground Coverage of Paved Areas and Structures; and

h.

Proposed Streets, Water, Wastewater, and Other Utility Infrastructure.

(3)

Conformance with adopted Town policies including but not limited to the Comprehensive Plan, Parks, Open Spaces and Trails Master Plan, and Transportation Master Plan.

(a)

Each applicant shall submit a complete land use application packet, and all required submittal documents. A digital copy of all application documents in a PDF format, along with GIS files as applicable, shall be submitted in addition to required paper documents with original signatures. The application packet shall consist of the following materials as applicable to each type of application:

(1)

Completed Land Use Application Form

(2)

Completed Fee Agreement and payment of applicable fees and deposits

(3)

Mineral Rights Affidavit

(4)

Written statement or narrative describing how the application is consistent with adopted Town policies and plans including but not limited to the Comprehensive Plan, Community Design and Development Standards, Parks, Open Spaces and Trails Master Plan, Transportation Master Plan, and the Design Criteria and Constructions Specifications.

(5)

Plat, map or graphic of the site or proposed use depicting topography, building locations, parking, traffic circulation, usable open space, landscaping, utilities, drainage features and any other information needed to evaluate the proposal.

(6)

Evidence that the applicant has contacted all mineral rights owners and all lessees of mineral, oil and gas rights associated with the site by certified mail, return receipt requested including the name of the current contact, phone number and mailing address.

(7)

Current proof of ownership in the form of title insurance issued within thirty (30) days of submission of the application.

(8)

Traffic Study

(9)

Certified Drainage Study or Report by a Colorado Licensed Engineer

(10)

Landscape Plan

(11)

Open Space and Ecological Characterization Plan

(12)

Elevations of Proposed Structures and Buildings

(b)

The Community Development staff shall review the application packet to determine if the application is complete or if there are deficiencies in the application submittal. If the application is complete, the Community Development Department staff shall notify the applicant within a reasonable period of time. No land use application shall be scheduled for further review until the application is deemed complete by staff.

(a)

Upon a determination that the application is complete, the Community Development Department staff shall refer the application to appropriate referral agencies. Referrals including all jurisdictions which have an Intergovernmental Agreement with the Town, and any jurisdictions required in the Colorado Revised Statutes.

(b)

Referrals required by State Law.

(1)

Major Activity Notice shall be sent to the state geologist and the Board of County Commissioners pursuant to Section 31-23-225, C.R.S., if the proposed subdivision or commercial or industrial development covers five (5) or more acres of land.

(2)

Mineral, Oil and Gas Rights Documentation. The applicant shall provide evidence that the applicant has contacted all mineral rights owners and all lessees of mineral, oil and gas rights associated with the site by certified mail. The applicant shall provide documentation that any issues identified by said mineral rights owners or lessees are being resolved. Included in the evidence must be the name of the current contact person, his or her phone number and mailing address, and a description of the issues.

(a)

Applicability. This Section shall apply to all land use applications requiring a public hearing before the Planning Commission, the Board of Trustees, or the Board of Adjustment.

(b)

Procedure. The procedure for public hearings shall be as follows:

(1)

Notice. Upon receipt of the applicant's response to referral agency comments, the Town Clerk shall set the required public hearings, and shall publish, post, and mail the notice of the public hearings as required by Section 16-6-240.

(2)

Hearing and Decision. Public hearings shall be conducted in accordance with due process procedures. The Planning Commission, Board of Adjustments or Board of Trustees shall either recommend approval to the Board of Trustees, approve, approve with conditions, deny or continue the hearing on the application.

(a)

For all actions of the Town described in this Chapter requiring public hearings, public notice of the hearing shall be given conforming to the following requirements. The cost of all notices shall be borne by the applicant.

(b)

Notice of the public hearing shall be sent to all property owners within three hundred (300) feet of the boundaries of the subject property, mineral right interests of record, oil and gas lessees for the property and the appropriate referral agencies at least fifteen (15) days in advance of the hearing using the most recent property owner information from the Weld County Assessor's records.

(c)

All notices shall include:

(1)

A statement of the nature of the matter being considered.

(2)

The time, date, and place of the public hearing.

(3)

The agency or office and phone number where further information may be obtained; and

(4)

The street address and/or a legal description of the subject property.

(d)

Such notice shall be sent via first class mail, unless required by Colorado Revised Statutes to be send certified mail, return receipt requested. Copies of the certified mailing receipts shall be provided to the Town prior to the hearing. The Town may assist the applicant with a recent list of property owners based on the Weld County Assessor's records.

(e)

Notice of the hearing shall be published by the Town in a newspaper of general circulation at least fifteen (15) days in advance of the hearing. All publication expenses shall be paid by the applicant. Failure to properly notice the hearing shall be grounds for a continuance of the public hearing until such notice is provided.

(f)

Public Notification Sign. The Town Staff shall prepare a public notification sign to be posted on the property no less than fifteen (15) days in advance of the hearing.

(a)

The Board of Trustees may revoke any land use development approval, after notice and a public hearing.

(b)

Notice of Public Hearing. The public hearing on the revocation of a land use development approval, shall be conducted during a regular or special meeting of the Board of Trustees not less than fifteen (15) days from the date the notice of the hearing is given. Notice of hearing shall be deemed given to the owner, the owner's agent or other person to whom the land use development approval was issued, upon deposit of said notice in the U.S. mail by certified mail, return receipt requested, and addressed to the last known address of said owner. Notice shall also be given via in-person delivery from a Town police officer.

(c)

Findings. Following the public hearing, the Board of Trustees, upon a finding of the following, may revoke any development permit, building permit or other authorization:

(1)

There is a departure from the approved plans, specifications, or conditions of approval.

(2)

There is a violation of any provision of the Land Use Code.

(3)

The land use development approval was obtained by false representation; or

(4)

The land use development approval was issued in error.

(d)

Notice of Revocation. Written notice of revocation shall be served upon the owner, owner's agent, applicant, or other person to whom the land use approval was issued, by certified mail, return receipt requested, or such notice may be posted in a prominent location at the place of the violation. No work or construction or use of the property shall proceed after service of the revocation notice.

(a)

Initiation of Amendments to Text or Official Zoning Map. The Board of Trustees may from time to time amend, supplement, change or repeal the regulations and provisions of this Article. Amendments to the text of this Code may be initiated by the Board of Trustees, Town Staff or Planning Commission, or by written application of any property owner or resident of the Town. Amendments to the zoning district map may be initiated by the Board of Trustees, Town Staff, or the Planning Commission, or by a real property owner in the area to be included in the proposed amendment.

(b)

General Rezoning of the Town. Whenever the zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Code, whether such revision is made by repeal of the existing land use and enactment of a new land use or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in, the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection in the Town Hall during regular business hours for fifteen (15) days prior to the public hearing on such amendments.

(c)

The Board of Trustees may amend the boundaries of any zone district as shown on the Official Zoning Map.

(d)

A zone change of individual property may be initiated by the Town, or by application filed by the landowner or landowners.

(e)

Town Initiated Zoning Change. Requests for zoning changes initiated by the Board of Trustees, Planning Commission, or Town Staff will be prepared as a draft ordinance by the Town Attorney and Town Staff. The Planning Commission shall hold a public hearing on the ordinance and shall make a recommendation to the Board of Trustees. The Board of Trustees shall hold a public hearing on the ordinance pursuant to the procedures in Section 16-6-230. In this instance, the Town shall be considered to be the applicant.

(f)

Owner Initiated Zoning Change of private property. The petitioner must be the owner of the property or the owners of all of the land affected by the application for zone change. The application shall be considered by the Planning Commission and the Board of Trustees as outlined in section (c) above.

(g)

Zoning Change Procedures

(1)

Step 1: Preapplication Conference pursuant to Section 16-6-200.

(2)

Step 2: Zoning Amendment Application Submittal. A complete application packet pursuant to 16-6-210 shall be submitted to the Community Development Department. In addition to the requirements in 16-6-210, the application shall include the following:

a.

A zoning amendment map of the area included in the proposed change, on a sheet twenty-four (24) inches high by thirty-six (36) inches wide, with the following information:

b.

North arrow, scale 1" = 100' or 1" = 200', and date of preparation.

c.

The subdivision or block and lot name of the area to be zoned (if applicable) at the top of each sheet.

d.

Legal description of the area to be zoned (entire area and individual zoning districts). In Unsubdivided property zone boundaries shall be determined by a metes and bounds description.

e.

Location and boundaries, including dimensions, of the property proposed for the zone change. rezoning. Note: Zone boundaries are to be the centerlines of physical streets, roads, highways, alleys, railroad rights-of-way and channelized waterways, or such lines extended.

f.

The acreage or square footage contained within the property proposed for rezoning.

g.

All existing land uses in the proposed rezoning area.

h.

Zoning and existing land uses on all lands adjacent to the proposed rezoning.

i.

The location and dimensions for all existing public rights-of-way, including streets, and centerlines of watercourses within and adjacent to the rezoning.

j.

The names of all adjoining subdivisions with lines of abutting lots and departing property lines of adjoining properties not subdivided.

k.

Certificate blocks for the Surveyor, Planning Commission, Board of Trustees, and County Clerk and Recorder. (See appendices to this Chapter for examples certificate blocks.)

l.

An Auto CAD™ drawing file (Release 12 or higher) of the zoning amendment map on a flash drive or by other acceptable electronic transfer.

m.

Surrounding and Interested Property Ownership Report pursuant to Section 16-6-240.

(3)

Step 3: Zoning Amendment Application Certification of Completion pursuant to 16-6-210.

(4)

Step 4: Staff Review and Report to Planning Commission. Staff shall complete a review of the submitted materials and prepare a report to the Planning Commission explaining how the application is or is not consistent with the Criteria for Amendments to the Official Zoning Map.

(5)

Step 5: Set Zoning Amendment Public Hearing and Complete Public Notification Process pursuant to Sections 16-6-230 and 16-6-240.

(6)

Step 6: Planning Commission Public Meeting and Action on the Zoning Amendment. The Planning Commission shall hold a public hearing to review the zoning amendment based on the Criteria for Amendments to the Official Zoning Map and make a recommendation to the Board of Trustees to approve, conditionally approve or deny the zoning amendment.

(7)

Step 7: Finalize Zoning Amendment based on Planning Commission Comments. If necessary, the applicant shall revise the zoning amendment application based on the Planning Commission's comments and submit it to the Community Development Department.

(8)

Step 8: Schedule Public Hearing by Board of Trustees pursuant to Section 16-6-230.

(9)

Step 9: Board of Trustees Public Hearing and Action on the Zoning Change Amendment. The Board of Trustees shall, after receiving the report and recommendations from the Planning Commission, hold a public hearing and act upon the proposed amendment. Following the required hearing, the Board of Trustees shall consider the comments and evidence presented at the hearing, evaluate the application in accordance with the criteria listed in Section 16-2-30, and approve, approve with conditions or deny the application, in whole or in part. No petition for rezoning shall be granted where, within one (1) year preceding the date of filing of such petition with the Town Clerk, a petition for the same changes of the zoning district on the property described in such petition has been denied.

(10)

Step 10: Post Approval Actions.

a.

Upon approval of a zoning change amendment to the official zoning map by the Board of Trustees, the Community Development Department shall cause an appropriate revision of the official zoning map to be prepared forrecording with the County Clerk and Recorder. In the event the zoning amendment was initiated by an interested party, the petitioner shall pay the Town's cost for the preparation of the revision to the official zoning map.

b.

The applicant initiating the official zoning map amendment shall have thirty (30) days after approval of the amendment by the Board of Trustees to submit to the Community Development Department, two (2) Mylar copies, 24"x36", and two (2) blueline copies of the approved zoning amendment map for recording, along with the recording fees and all other costs billed by the Town relative to the zoning amendment. The amended map shall be stamped by a Colorado- licensed surveyor or engineer. Inaccurate, incomplete or poorly drawn maps shall be rejected. In addition, the petitioner shall submit one (1), eleven (11) inch by seventeen (17) inch Mylar reduction of the zoning amendment map, and a digital copy in AutoCAD™ or GIS format.

c.

Within thirty (30) days of receipt of the zoning amendment map, the Community Development Department shall review the documents for compliance with the Board of Trustee's approval, obtain the Town officials' signatures and submit the approved zoning amendment map and the ordinance amending the official zoning map to the Weld County Clerk and Recorder's Office for recordation.

Map Amendment upon Zoning Establishment or Modification. Upon enactment of any ordinance annexing and establishing zoning or modifying existing zoning for any property, and upon final passage thereof, the Town shall amend the prior existing official maps to include the annexed area with the proper zoning classification or show the amended classification, as the case may be. Such updated, current official map shall contain, in table form, the date and number of the ordinance amending it, the date the map was amended to reflect each amendment and the initials of the person who checked and approved the change to the map.

(a)

Text amendments. Amendments to this Chapter may be proposed by any person who is an owner of real property in the Town, by the Planning Commission, Town Staff, or by the Board of Trustees by filing an application packet as outlined in Section 16-6-210. Amendments to these regulations shall be known as text amendments and will be reviewed by the Planning Commission and the Board of Trustees pursuant to Sec 16.6.230 and 16-6-240.

(b)

Criteria for Text Amendments to the Land Use Code. For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the text of this Chapter shall not be amended except:

(1)

To correct a manifest error in the text of this Chapter.

(2)

To provide for changes in administrative practices as may be necessary to accommodate changing needs of the community and the Town Staff.

(3)

To accommodate innovations in land use and development practices that were not contemplated at the adoption of this Chapter; or

(4)

To further the implementation of the goals and objectives of the Comprehensive Plan.

(c)

Upon approval of an ordinance amending, changing, or repealing part of the text of this Chapter, the Town Clerk shall certify a copy of the ordinance and place it in the official records of the Town and make appropriate supplements to this Chapter.

(a)

Applicability. A change of use approval is required for any change from one use to another use in an existing building and where the new use is allowed by right in the zoning district.

(b)

Purpose. The purposes of the change of use approval are:

(1)

Public safety as provided for in the building, fire, and health codes, and

(2)

Availability of adequate services such as water and sewer.

(c)

Review Process.

(1)

Step 1: Pre-application meeting at the discretion of the applicant.

(2)

Step 2: Submit a change of use application packet pursuant to Section 16-6-210. In addition to the requirements in 16-6-210, the application shall include a site plan with the following information.

a.

Title of project.

b.

North arrow, scale 1" = 20' or as approved by the Town.

c.

Name, address, and phone number of property owner.

d.

Name, address, and phone number of the person preparing the drawing.

e.

Date of preparation.

f.

Bearings and distances of all lot lines.

g.

Existing easements on the lot.

h.

Footprint of any building or structures on the lot.

i.

Building setbacks from all property lines.

j.

Table of statistics including building gross floor area, height, and site coverage.

k.

Floor elevation in USGS.

l.

Location and size of water and sewer service to the building(s).

m.

Architect's written analysis of the proposed use in compliance with the Land Use Code, Fire Code and Building Code.

n.

Water Engineer's written analysis of the adequacy of water rights for the proposed use.

(3)

Step 3: Within fifteen (15) days of submittal, Staff review the change of use application for completeness pursuant to Section 16-6-210 and shall notify applicant if the application is complete and accepted.

(4)

Step 4: Staff distributes copies to other staff and appropriate reviewing agencies pursuant to Section 16-6-220.

(5)

Step 5: Within fifteen (15) days the other reviewers may submit comments to the Community Development Department, who will forward all comments to the applicant.

(6)

Step 6: Community Development Department reviews the comments and the use's compliance with the Land Use Code, previously approved site plans, and makes a decision on the change of use.

(7)

If the Community Development Department determines the proposed change of use is permitted in the zoning district but is not in substantial compliance with previously approved site plans or site plan agreements, a new site plan application shall be submitted by the owner subject to the requirements in Section 16-6-370.

(a)

Board of Adjustment. Pursuant to C.R.S., § 31-23-307, a Board of Adjustment for the Town is created as outlined in Chapter 2, Article XI Board of Adjustment in the Milliken Municipal Code.

(1)

The BOA shall have all powers granted to it by Section 31-23-307, C.R.S.

(2)

The BOA shall have the power to interpret this chapter, including any uncertainty as to district boundary locations, or meaning of wording, so long as this interpretation is not contrary to the purpose and intent of this chapter.

(3)

Pursuant to Chapter 2, Article XI of the Municipal Code, the Board of Adjustment shall not consider or grant variances to uses in the zoning district.

(a)

Specific Plan Required. The BOA may authorize variances from the requirements of a zoning district based on unique or irregular physical circumstances or conditions that are unique to the land or building. Unless otherwise specified by the BOA, a variance runs with the land and succeeds to the benefit of subsequent owners under the terms and conditions of the approved variance.

(b)

Application. An application packet for a variance shall be submitted pursuant to Section 16-6-210.

(c)

Procedure. The BOA shall hold a public hearing on the variance pursuant to Section 16-6-230 and notice all adjoining property owners pursuant to Section 16-6-240. Any final determination of the Board of Adjustment shall be reported in writing over the signature of the chairperson of the BOA.

(d)

Criteria. In order to grant a variance to this Land Use Code, the Board of Adjustment shall find that all of the following have been satisfied:

(1)

That there are unique physical circumstances or conditions such as irregularity, narrowness, or shallowness of the lot, or exceptional topographical or other physical condition particular to the affected property.

(2)

That, because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of this Chapter.

(3)

That due to such unique physical circumstances or conditions, the strict application of this Chapter would create a demonstrated hardship.

(4)

That the demonstrable hardship is not self-imposed.

(5)

That the variance, if granted, will not adversely affect the proposed development, or use of adjacent property or neighborhood.

(6)

That the variance, if granted, will not change the character of the zoning district in which the property is located.

(7)

That the variance, if granted, is in keeping with the intent of this Chapter.

(8)

That the variance, if granted, will not adversely affect the health, safety, or welfare of the citizens of Town.

(e)

Board of Adjustment Public Hearing and Action on the Variance. The Board of Adjustment shall make the decision on variances at a regular meeting of the Board of Trustees.

(1)

The appellant, or the applicant for a variance, has the burden of proof to establish the necessary facts to warrant favorable action of the Board of Adjustment.

(2)

The BOA shall have all the powers of the applicable Town administrative official on the action appealed. The BOA may in whole or in part affirm, reverse, or amend the decisions of the applicable Town administrative official.

(3)

The BOA may impose reasonable conditions in its order to be complied with by the appellant in order to further the purposes and intent of this Land Use Code.

(4)

The BOA may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested.

(5)

No single decision of the BOA sets a precedent. The decision of the BOA shall be made on the particular facts of each case.

(6)

Variances granted by the Board of Adjustment shall be recorded with the County Clerk and Recorder at the expense of the applicant.

(e)

Any appeal of the decision of the Board of Adjustment may be made to the District Court as provided by law; provided however, that such appeal must be made prior to thirty (30) days following the date of the final action taken by the Board of Adjustment, as provided by Rule 106, Colorado Rules of Civil Procedure.

(a)

The Board of Adjustment (BOA) shall hear appeals and decide appeals where it is alleged that there is an error in any final order, requirement, decision or determination made by any administrative official of the Town charged with the enforcement of this Code.

(b)

Any aggrieved person may file an application for appeal pursuant to Section 16-6-210 within thirty (30) days following the final action or decision from which the appeal is taken and shall include all information required by the Town Attorney. The BOA shall hold a public hearing on the appeal pursuant to Section 16-6-230.

(c)

The BOA may reverse or affirm, wholly or in part, or may modify the final order, requirement, decision, or determination of the Town official where the BOA finds that the decision was beyond the official's duties, not in compliance with adopted regulations or was made in error.

(d)

An appeal from a final order, requirement, decision, or determination shall stay all proceedings unless the Town Administer certifies that such stay would cause imminent peril to life or property.

(e)

Any further appeal from the decision of the BOA may be made to the courts, as provided by law; provided, that such appeal is made prior to 30 days following the date of the BOA's decision.

(f)

Appeal Criteria for Approval. The Board of Adjustment, in hearing an appeal from an interpretation of this Land Use Code, shall consider:

(1)

The technical meaning of the provision being appealed;

(2)

The positive or negative impact of the requested appeal on the achievement of stated Town development goals and objectives; and

(3)

The intent of the provision in implementing the Comprehensive Plan and the Community Design and Development Standards.

(a)

All conditional uses specified in each zone district will be subject to a two-step review process.

(1)

Step 1: Planning Commission review and recommendation.

(2)

Step 2: Board of Trustees review and decision.

(b)

Applicants for a conditional use permit shall complete an application packet pursuant to 16-6-210.

(c)

The completed application packet and supplementary submittal materials shall be filed with the Community Development Department at least 30 days prior to the Planning Commission Public Hearing.

(d)

The Community Development Department shall review the application packet pursuant to Section 16-6-210.

(e)

The Planning Commission shall hold a public hearing on the Conditional Use pursuant to Section 16-6-230 and notice shall be sent to all adjoining property owners pursuant to Section 16-6-240.

(f)

The Board of Trustees shall hold a public hearing on the Conditional Use pursuant to Section 16-6-230 within 45 days of the recommendation of the Planning Commission.

(1)

Notice shall be sent to all adjoining property owners pursuant to Section 16-6-240.

(g)

The following criteria shall be used to evaluate the applicant's request:

(1)

The conditional use is consistent with the intent, purpose and other uses of the zoning district in which it is proposed.

(2)

The conditional use will satisfy all applicable provisions of the land use code and subdivision regulations unless a variance is being requested.

(3)

The conditional use will conform with or further the goals, policies and strategies set forth in the Comprehensive Plan, and Milliken Parks, Open Spaces and Trails Master Plan.

(4)

The conditional use will be adequately served with public utilities, services and facilities (i.e., water, sewer, electric, schools, street system, fire protection, storm drainage, refuse collection, parks system, etc.) and not impose an undue burden above and beyond those of the permitted uses of the district.

(5)

The conditional use will not substantially alter the basic character of the district in which it is proposed or jeopardize the development or redevelopment potential of the district.

(6)

The conditional use will result in efficient on- and off-site traffic circulation which will not have a significant adverse impact on the adjacent use or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.

(7)

Potential negative impacts of the conditional use on the neighborhood have been mitigated through setbacks, architecture, screen walls, landscaping, site arrangement or other methods. The applicant shall satisfactorily address the following impacts:

a.

Traffic;

b.

Activity levels;

c.

Light;

d.

Noise;

e.

Odor;

f.

Building type, style, and scale;

g.

Hours of operation;

h.

Dust;

i.

Erosion control; and

j.

Effect on neighborhood character.

(8)

The applicant has submitted evidence that all applicable local, state, and federal permits have been or will be obtained.

(h)

Conditions imposed on any approved conditional use application may include but are not limited to time limits, future review and renewal of the permit, limits to quantities of material allowed on the site, pollution control measures, and enhancements to landscaping, screening or buffering requirements.

(i)

The Board shall approve the Conditional Use by Resolution. The Resolution shall be recorded with the Weld County Clerk and Recorder Office.

(a)

Applicability. Site plan approval is required for a building permit for all multi-family, commercial and industrial developments as well as parks, open space, and trails. The only development where a site plan is not required is for a new single-family detached or single family attached development.

(b)

Site Plan Review Process.

(1)

Development applications involving less than 15,000 square feet of new, remodeled or an expansion of an existing structure or of land area shall be reviewed administratively. This includes review by the Community Development Department, Public Works, Town Engineer, Fire District, Building Official, and other referral agencies as needed in accordance with Section 16-6-220.

(2)

Development applications involving more than 15,000 square feet and less than 25,000 square feet of new, remodeled or an expansion of an existing structure or of land area require one (1) properly noticed public hearing in front of the Planning Commission in accordance with Sections 16-6-230 and 16-6-240.

(3)

Development applications involving any new construction, remodel or expansion of any existing structure requires properly noticed public hearings before both the Planning Commission and the Board of Trustees in accordance with Sections 16-6-230 and 16-6-240.

(c)

Site Plan Submittal Requirements.

(1)

Step 1: Submit a complete application packet pursuant to 16-6-210. In addition to the requirements in 16-6-210, the application shall include the following:

a.

Site Plan The site plan shall be a minimum of eighteen (18) inches by twenty-four (24) inches and shall provide the following information:

1.

Title of project.

2.

North arrow, scale (no greater than 1" = 50') and date of preparation.

3.

Vicinity map.

4.

Address of project.

5.

Legal description of property.

6.

Name, address, and phone number of property owner.

7.

Name, address, and phone number of person or firm responsible for plan.

8.

Lot size (square footage).

9.

Bearings and distances of all lot lines.

10.

Existing and proposed easements and rights-of-way.

11.

Existing and proposed paved areas and sidewalks on the site and in the adjacent rights-of-way, all dimensioned, showing how pedestrians will have access to the site and buildings.

12.

Gathering areas for people.

13.

Existing and proposed curb cuts on the site and in the adjacent rights-of-way (on both sides of perimeter streets), all dimensioned.

14.

Existing and proposed two-foot contours.

15.

Existing waterways on or adjacent to the site.

16.

Finished floor elevations for all structures.

17.

Footprint (including roof overhangs and eaves, decks, balconies, outside stairs and landings) of all proposed structures and their use with their dimensions and locations noted with respect to the property lines.

18.

Existing structures and their use.

19.

Square footage of the proposed building and the footprint of the proposed building.

20.

Proposed structure height.

21.

For commercial and industrial uses, the type of activity and number of employees.

22.

For multi-family residential, the number of residential units and bedrooms per unit.

23.

Location of proposed signs and outdoor lights.

24.

Specifications for the signs and lights, including type, height, and general conformance to the Code. For commercial and industrial uses, a photometric plan shall be submitted that depicts all lighting fixtures and the light spread (in foot-candles) of these fixtures across the site to all property boundaries.

25.

Proposed traffic controls and striping for parking areas (all lanes, driveways and parking spaces must be dimensioned).

26.

Trash disposal areas and enclosures including specifications for enclosures.

27.

Location and size of existing and proposed water and sewer service connections and tap sizes (including those for irrigation systems).

28.

Location and size of water and sewer lines to which the service connections will be or are made.

29.

Location and size of water meters.

30.

Location and size of backflow-prevention devices.

31.

Indication of how and where perimeter drain will drain (if one exists).

32.

Location of existing electrical lines and poles on or adjacent to the site.

33.

Location of proposed electrical service connection and meter location.

34.

Location of electric transformer.

35.

Location of all fire hydrants. If none exist on-site, note distance and direction of the closest hydrant adjacent to the site within three hundred (300) feet.

36.

Location of detention/retention areas and storm sewer infrastructure with the required drainage easements.

37.

The distance from the proposed building or structure to adjacent lot lines, easements, and adjacent structures.

38.

A land use chart (table).

39.

Certificate blocks for signatures of owner, surveyor, and Town approval.

b.

Colorado Historical Society Records Search. At the discretion of the Staff or Board of Trustees, an applicant may be required to provide the Town with a Colorado Historical Society records listing of historically or archaeologically significant findings on the property being subdivided. If a listing shows a significant finding, a site-specific historic survey is required. The survey shall provide the following information:

1.

Site identification:

(a)

State site number.

(b)

Site address.

(c)

Site location/access.

(d)

Type and description of finding (what is historic); and

(e)

Owner's name and address.

2.

Eligibility assessment for historic designation.

3.

Statement of significance.

4.

Management and administrative data:

(a)

References.

(b)

Photographs of the site.

(c)

Maps of the site.

(d)

Name, address, phone number and qualifications of person completing survey; and

(e)

Date of completion of survey.

If, in coordination with the applicant, the Board of Trustees decides to protect an historic resource, a protection plan must be devised.

c.

Rare species occurrence survey (from U.S. Fish and Wildlife Service).

d.

Letter from U.S. Fish and Wildlife Service certifying either there are no endangered species on the property, or the project has an approved Habitat Conservation Plan or Mitigation Plan in place.

(2)

Step 2: Certification of Completion pursuant to 16-6-210.

(3)

Step 3: Referral to Agencies pursuant to 16-6-220. The comment period shall be twenty-one (21) days.

(4)

Step 4: Staff Reviews Application and Prepares Comments. Staff will review the site plan and referral agency comments to ensure it is consistent with the site plan review criteria. Following the review, Staff will prepare a written report outlining any changes that the applicant must make before the site plan can proceed forward in the process. This report will be forwarded to the applicant.

(5)

Step 5: Applicant Addresses Staff Comments. The applicant shall address all of the Staff and referral agency comments, and then submit the following to the Town:

a.

Letter explaining how all of the comments have been addressed; and

b.

Revised maps and other documents.

(6)

Step 6: Schedule Public Hearing and Notice property owners for sites 15,000 square feet and larger pursuant to 16-6-230 and 16-6-240.

(7)

Step 7: Planning Commission Public Hearing and Decision. The Planning Commission shall hold a public hearing to review applications for buildings between based on the site plan review criteria. The Planning Commission shall then approve, approve with conditions, or deny the application based on the criteria in Step 11. The Planning Commission may forward an application to the Board of Trustees for approval if they deem it necessary.

(8)

Step 8 Applicant Addresses Planning Commission Conditions. The applicant shall revise the site plan based on the Planning Commission's conditions of approval and submit it to the Town.

(9)

Step 9: Site Plan Agreement. Staff may require that the applicant execute a site plan agreement to assure the construction of on-site and off-site improvements as a condition of approval of the site plan. Guarantees in the site plan agreement shall be secured by a surety in a form approved by the Town.

(10)

Step 10: Board of Trustees Public Hearing and Public Notification Process for Projects over 25,000 sq. ft. or if Planning Commission forwards the application for action, public notification and hearing procedures will follow in accordance with Sections 16-6-230 and 16-6-240.

(11)

Step 11: Board of Trustees Action. The site plan shall be presented to the Board of Trustees for its review and action at a public hearing in accordance with Sections 16-6-230 and 16-6-240. The Board of Trustees may approve, conditionally approve, or deny the site plan based on the meeting the following review criteria.

a.

All of the information required on a site plan is shown.

b.

The lot size and lot dimensions are consistent with what is shown on the approved final plat.

c.

No buildings or structures infringe on any easements.

d.

The proposed site grading is consistent with the requirements of the current Town Master Drainage Plan, on file at the Town Hall.

e.

The proposed improvements conform with Division 4, Article III of this Chapter.

(12)

Step 12: Post - Approval Actions.

a.

Submit and Record Site Plan. Upon approval of a site plan, the applicant shall have thirty (30) days to submit two (2), 24"x36", original signed Mylars. The Town shall submit the approved site plan to the County Clerk and Recorder's Office for recording. The recording fees shall be paid by the applicant.

b.

Building Permit. A building permit shall be issued only when a site plan has been approved and recorded.

c.

Certificate of Occupancy. When building construction and site development are completed in accordance with the approved site plan and building permit, a Certificate of Occupancy may be issued.

d.

Phasing and Expiration of Approval. If no specific vesting is granted, the site plan shall be effective for a period of three (3) years from the date of approval, unless stated otherwise in the written site plan approval. Building permits shall not be issued based on site plans that have an approval date more than three (3) years old. For multi-phased plans, building permits shall not be issued based on an approval date more than three (3) years from the date of Phase I approval.

(c)

Amendments to Approved Site Plans.

(1)

Minor variations in the location of structures, improvements or open space areas caused by engineering or other unforeseen difficulties may be reviewed and approved by the Town Staff. Such changes shall not exceed ten percent (10%) of any measurable standard or modify the use, character, or density of an approved site plan. All plans so modified shall be revised to show the authorized changes and shall become a part of the permanent records of the Town.

(2)

Changes to approved site plans that exceed the ten-percent (10%) threshold, or other major modifications (such as changes in building size or footprint, relocation of access points, changes to required parking, change of use, etc.), shall be considered as a new site plan application. Such amendments shall conform to the review procedures outlined in Section 16-6-340. A complete site plan application shall be prepared and submitted in compliance with the requirements set forth in this Section.

(a)

Applicability. If a landowner owns real property that is one (1) acre or more in size and is zoned A, AE or R-1E within the Town, they may apply for approval for two (2) driveways in accordance with the following review process.

(b)

Review Procedure:

(1)

Step 1: Submittal. A complete application packet pursuant to 16-6-210 shall be submitted to the Community Development Department. In addition to the requirements in 16-6-210, the application shall include the following:

a.

Plot plan. The plan shall be eleven (11) inches high by seventeen (17) inches wide and include the following:

1.

Title of project.

2.

North arrow, scale, and date of preparation.

3.

Name, address, and phone number of property owner.

4.

Legal description.

5.

Lot size and boundary.

6.

Existing and proposed easements and rights-of-way, including adjoining streets and sidewalks.

7.

Existing and proposed structures and their uses.

8.

Existing and proposed driveways of lot and driveways on adjacent properties.

9.

Certificate blocks for signatures of owner and Town approval.

10.

Written Explanation of Request and How It Complies with the Review Criteria.

(2)

Step 2: Application Certification of Completion pursuant to 16-6-210.

(3)

Step 3: Staff Reviews Two-Driveway Application and Prepares Comments based on the following criteria:

a.

The two (2) driveways will not negatively affect vehicular traffic on the adjoining street or pedestrian traffic on the adjoining sidewalk.

b.

The distance between two residential driveways, setback and construction requirements of the Design Criteria and Construction Specifications.

c.

Driveways in the A, AE and RE zone districts shall be limited to one access point per 100 linear feet of lot frontage or part thereof.

d.

The driveways will not negatively impact drainage and or utilities.

(4)

Step 4: Applicant Addresses Staff Comments. The applicant shall address Staff's comments and submit a final Plot Plan for review and approval, approval with conditions or denial of application.

(a)

Applicability. The plot plan is required for any building, structure, or for flatwork proposed to be constructed or placed on a single-family lot.

(b)

Purpose. The plot plan shows where the proposed building or structure will be located on the lot so that the Town can make sure that the proposed location will be in compliance with all Town regulations.

(c)

Plot Plan Process.

(1)

Step 1: Submit Plot Plan Application Package. A complete application packet pursuant to 16-6-210 shall be submitted to the Community Development Department. In addition to the requirements in 16-6-210, the application shall include the following:

a.

Plot Plan. The plot plan shall be a minimum of eight and one-half (8½) inches by eleven (11) inches and shall provide the following information:

1.

Title of project.

2.

North arrow, scale (1" = 20' or as approved by the Town) and date of preparation.

3.

Name, address, and phone number of property owner.

4.

Lot number, block number, and name of subdivision.

5.

Lot size (square footage).

6.

Bearings and distances of all lot lines.

7.

Existing easements on the lot.

8.

Footprint of the proposed building or structure, dimensioned.

9.

Square footage of the proposed building and the footprint of the proposed building.

10.

Distance from the proposed building or structure to all lot lines.

11.

All existing buildings or structures on the lot.

12.

Driveway.

13.

Existing and/or proposed water and sewer service lines on the lot.

14.

Elevations of:

(a)

The finished floor for the house and garage.

(b)

The lot corners.

15.

Height of all proposed buildings.

16.

Street trees (right-of-way landscaping).

17.

Location of the garage within the building.

b.

Demonstrate in written and/or graphic form how the proposed structure is consistent with the applicable "Development Standards" found in Article III of this Chapter.

c.

Drainage Information. Provide the Town with information regarding how the lot will drain.

(2)

Step 2: Staff Reviews Plot Plan Application and Prepares Comments. The Community Development Staff will review the Plot Plan for compliance with the following criteria:

a.

Plot Plan Review Criteria. The plot plan must meet the following review criteria:

1.

All of the information needed on a plot plan is shown.

2.

The lot size and lot dimensions are consistent with what is shown on the approved final plat.

3.

No buildings or structures infringe on any easements.

4.

The proposed site grading is consistent with FHA standards (if insured by FHA); otherwise it shall meet the Town's approval. It shall also be consistent with the approved subdivision master grading and drainage plan.

5.

The density and dimensions shown conform with the density and dimensional standards in Section 16-2-50 of this Code or the approved PUD requirements.

(3)

Step 3: Applicant Addresses Staff Comments. If necessary, the applicant will make all necessary changes to the plot plan.

(4)

Step 4: Plot Plan Decision. Staff will complete final review of plot plan to ensure that the Plan is complete and complies with this Chapter. If the Plan is determined to be complete and in compliance, it is approved by Staff.

(a)

Applicability. All land development applications, with the exception of plot plan applications for individual single-family building permits, shall be accompanied by the appropriate open space plan. Each land development application shall include an ecological characterization report to determine if additional areas within the development shall be preserved. Refer to Section 16-6-420 of this Article for a description of the ecological characterization report requirements.

(b)

Submittal of the Plan. The OSEC Plan must be submitted with the following applications.

(1)

Preliminary OSEC Plan. Submit with a subdivision preliminary plat.

(2)

Final OSEC Plan. Submit with a subdivision final plat.

(3)

A Site Plan.

(c)

Conceptual OSEC Plan.

(1)

Purpose. The intent of the conceptual open space and ecological characterization plan is to identify the resources on a site and show how they are integrated into the overall design for the project and the neighborhood.

(2)

Format. The plan shall be submitted as a separate map or combined with the landscape plan if it can be clearly illustrated and the scale is not greater than 1" = 200'.

(3)

Content. The plan shall contain the following:

a.

A verbal and graphic description of the design intention and how the open space will function; and

b.

Specific information required on the conceptual plan as listed in the table which follows.

(d)

Preliminary OSEC Plan.

(1)

Purpose. The intent of the preliminary open space and ecological characterization plan is to discuss the details of how the open space will be used to organize the overall project design, illustrate how it will function in the overall neighborhood and define long-term maintenance requirements and responsibilities.

(2)

Format. Information shall be included on the preliminary landscape plan if it can be clearly illustrated and the scale is not greater than 1" = 100'.

(3)

Content. The preliminary open space and ecological characterization plan shall contain the following:

a.

A description of the design intention and how the proposal is consistent with the purpose and intent of this Section; and

b.

Specific information required on the preliminary plan as listed in the table which follows.

(e)

Final OSEC Plan.

(1)

Purpose. The intent of the final open space and ecological characterization plan is to ensure that all phases of the final open space plan are consistent with the preliminary open space plan as approved during the preliminary plat; or, for a PUD development, to identify the resources on the site and discuss the details of how the open space will be used to organize the overall project design, and to illustrate how it will function in the overall neighborhood and define long term maintenance requirements and responsibilities.

(2)

Format. Information shall be included on the final landscape plan if it can be clearly illustrated and the scale is not greater than 1" = 50', or as a separate map.

(3)

Content. The final open space and ecological characterization plan shall contain the following:

a.

A description of the design intention and how the proposal is consistent with the preliminary open space and ecological characterization plan.

b.

Appropriate documentation (i.e., warranty deed, homeowners' association documents, conservation easement and open space management plan) that shows who will own and maintain the open space. The applicants shall develop an open space management plan. Technical information and assistance in developing the plan are available from the National Resources Conservation Service (NRCS), the local Colorado State University Cooperative Extension Service and the local Soil Conservation District; and

c.

Specific information required on the final open space and ecological characterization plan as listed in the table which follows.

(a)

Intent. The intent of this Section is to ensure that new development limits/mitigates its impact to wildlife and wildlife habitat and that it minimizes environmental impacts.

(b)

General Provisions.

(1)

Protection of Wildlife and Natural Areas. To the maximum extent practical, development shall be designed to ensure that disturbances which occur to any natural area as a result of development shall be minimized through the use of natural buffer zones. If any development materially disturbs a natural area, the development project shall mitigate such lost natural resource either on- or off-site. Any such mitigation shall be roughly proportional to the loss suffered as a result of the disturbance.

a.

Natural areas shall include: floodplains and floodways, natural drainage and water ways, significant native trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting, breeding or feeding areas for birds; fox and coyote dens, prairie dog colonies over twenty-five (25) acres in size, remnant native prairie habitat, plains cottonwood galleries, and any wetland greater than one-quarter (¼) acre in size.

b.

The natural area buffer zone shall be used between natural areas and proposed development to ensure that the proposed development does not degrade the natural area. The size of the buffer zone shall be determined in conjunction with the Colorado Division of Wildlife or a Town-approved wetland or wildlife ecologist. The Town may decrease this buffer when strict application of this Paragraph will impose an exceptional and undue hardship upon the property owner or developer.

c.

Exceptions. The Board of Trustees may allow disturbance or construction activity within the natural area or natural area buffer zone for the following limited purposes: mitigation of development activities, restoration of previously degraded areas, emergency public safety activities and utility installations when such activities and installations cannot reasonably be contained within other nearby develop areas, construction of a trail that will provide public access for educational or recreational purposes, or the enhancement of the habitat value and/or other natural resource values of a natural area.

d.

Ecological Characterization. If the Town determines that the site likely includes areas with wildlife, plant life and/or other natural characteristics in need of protection, the Town may require the developer to provide a report prepared by a professional qualified in the areas of ecology, wildlife biology or other relevant discipline. The ecological characterization report should be included on the open space plan and describe the following:

1.

The wildlife use of the natural area showing the species of the wildlife using the area, the times or seasons the area is used by those species and the "value" (meaning feeding, watering, cover, nesting, roosting, perching) that the area provides for such wildlife species;

2.

The boundary of wetlands in the area and a description of the ecological functions and characteristics provided by those wetlands.

3.

Any prominent views from or across the site.

4.

The pattern, species and location of any significant native trees and other native site vegetation.

5.

The bank, shoreline and high-water mark of any perennial stream or body of water on the site.

6.

Wildlife travel corridors; and

7.

The general ecological functions provided by the site and its features.

e.

Wildlife Conflicts. If wildlife that may create conflicts for the future occupants of the development (including, but not limited to, prairie dogs, beaver, deer and rattlesnakes) are known to exist in areas adjacent to or on the development site, then the development plan must, to the extent reasonably feasible, include provisions such as barriers, protection mechanisms for landscaping and other site features to minimize conflicts that might otherwise exist between such wildlife and the developed portion of the site. Any impacts to wildlife must be referred to the Colorado Division of Wildlife and, in the case of threatened or endangered species, United States Fish and Wildlife Services.

The application for a PUD in the Town of Milliken shall be subject to a three-faceted review process composed of the following:

(a)

Preapplication conference pursuant to Section 16-6-200.

(b)

A Master Development Plan (MDP); and

(c)

A Final Development Plan (FDP).

(1)

If the applicant seeks to develop the project in phases, the Planning Commission and Board of Trustees may, in their discretion, postpone the obligation of the applicant to fulfill any of the submission requirements set forth in this article for any delayed phase of the project.

(2)

These regulations are intended to be applicable to large as well as small project sites. Applicants are encouraged to combine subdivision with the PUD process where appropriate and after conferring with Town staff.

Prior to actual submission of the Master Development Plan application, the applicant shall participate in a preapplication conference pursuant to Section 16-6-200.

(a)

The complete application packet in accordance with 16-6-210 shall be submitted with detailed information to provide adequate review by decision-making bodies and the general public. The completed application shall be known as the PUD Master Development Plan. In addition to the requirements in 16-6-210 , the application shall include the following:

(1)

A legal description of the total site.

(2)

Proof of ownership of all lands included in the Master Development Plan area.

(3)

A description of the character of the proposed development, the goals and objectives of the project, an explanation of how the development incorporates innovative design, the rationale behind the assumptions and choices made by the applicant, and an explanation of the manner in which it has been planned to conform to the adopted Comprehensive Plan.

(4)

Statements clearly outlining the proposed maximum (up to and including) limits or amounts of all design standards (Article III of this Chapter) to be included, or alternate development standards requested to be applied to the PUD.

(5)

A general description of the proposed open space for the development and an explanation of how said open space shall be integrated with surrounding developments, both existing and proposed.

(6)

A development schedule for the Master Development Plan and submission of subdivision applications.

(7)

Quantitative data for the following:

a.

Total number and type of dwelling units.

b.

Approximate parcel size.

c.

Proposed lot coverage ratios of buildings and structures.

d.

Proposed gross and net residential, commercial, and industrial densities.

e.

Amount of open space (parks, wetlands, trails, recreation sites, etc.).

f.

Water and sewer demand for projected uses.

g.

Environmental studies of the proposed site and Ecological Characterization Plan.

(8)

The proposed maximum height(s) of buildings, setbacks, and related dimensional standards within the PUD.

(9)

A letter from the school district stating their ability to accommodate the projected number of students generated by the development.

(10)

Graphic Documents. Supporting maps, plans and drawings that portray the basic concepts proposed in the application. The documents shall include, at a minimum, the following information.

a.

A vicinity map at a legible scale.

b.

The existing site conditions including topographic contours and watercourses, floodplains (i.e., 100-year), wetlands, unique natural features, and vegetation cover.

c.

Proposed subdivision boundary lines and site designs in specific or prototypical form. The general location of all existing buildings and improvements. Preliminary architectural standards, elevations and planned construction materials of proposed buildings and structures.

d.

General location and size in acres or square feet of areas to be conveyed, dedicated, or reserved as common and private open spaces, public open spaces or parks, recreational areas, school sites and similar public and quasi-public uses.

e.

Existing and proposed circulation system of arterial and collector-type streets and major points of access to public rights-of-way for vehicle, pedestrian and bicycle traffic. Notations of proposed ownership, public or private, shall be included. The locations of local streets may be required at the discretion of the Planning Commission.

f.

A generalized grading plan for streets requiring substantial cuts and fills.

g.

The proposed concept and general off-site connection methods for utility service including sanitary sewers, storm sewers, water, electric, gas, cable, and telephone lines.

h.

Preliminary drainage plan for the entire project indicating proposed on-site facilities and treatment and abatement of drainage to adjoining properties.

i.

A preliminary lighting plan indicating proposed on-site streetlight location, height, and fixture type.

j.

Employment estimates and housing demand.

(11)

Additional Information. The Planning Commission may require additional information from the applicant to evaluate the character and impact of the proposed PUD on the Town, including fiscal impacts over the period of the generalized development schedule.

(b)

Approval Procedure.

(1)

Step 1: The completed application packet and supplementary submittal materials shall be filed with the Community Development Department at least 30 days in advance of the regular meeting date of the Planning Commission at which the Master Development Plan will be heard.

(2)

Step 2: Within a reasonable time, the Community Development Department shall review the application and determine it is complete or send notice to the applicant of deficiencies. The applicant shall address the deficiencies and provide missing or updated information to the Community Development Department.

(3)

Step 3: Upon determination that the application is complete, the Community Development Department shall refer the application to appropriate reviewing agencies in accordance with 16-6-220.

(4)

Step 4: The Planning Commission shall hold a public hearing on the MDP in accordance with 16-6-230 and 16-6-240

(5)

Step 5: The Planning Commission shall either recommend approval, approval with conditions, disapproval, or continue the hearing for 30 days. Consent of the applicant(s) is required for any continuance beyond 30 days. Lack of consent to continue or failure to reach agreement on negotiated items shall be deemed a recommendation of denial.

(6)

Step 6: A Public Hearing before Board of Trustees shall be scheduled pursuant to Section 16-6-230 and 240 of this Article.

(7)

Step 7: If the application is approved as presented, conditionally approved, or denied, the Board of Trustees shall, by resolution, either approve the necessary PUD designation, or disapprove said application. If approved, the MDP documents shall be recorded with the Weld County Clerk and Recorder.

(8)

Step 8: Within six (6) months following the approval of the Master Development Plan, the applicant shall file an application packet for a Final Development Plan (FDP). For phased developments, an FDP must be filed for the first phase within six (6) months of approval of the MDP.

(9)

Step 9: If the applicant fails to apply for an FDP or the extensions of deadlines described above, then the Board of Trustees in its sole discretion may terminate the MDP. Subsequent action by the developer or their assignees to revive the MDP after it has been allowed to expire will require a new application and subsequent review and public hearings pursuant to 16-6-200, , 210, 220, 230 and 240 of this Article.

(10)

Step 10: Minor Amendment to the Master Development Plan. Minor changes of not more than 10% in development standards shall be process by the Community Development Department. Any minor amendments beyond 10% but still considered minor by the Community Development Department shall be subject to review and consideration by the Planning Commission. Upon consideration of said changes, the Planning Commission shall take formal action in writing, either approving or disapproving the changes. This section shall serve as the mechanism for reviewing and approving changes and a substitute for the variance procedures provided elsewhere in these zoning regulations.

(11)

Step 11: Major amendments to the Master Development Plan include without limitation:

a.

A change in land use or development concept;

b.

An increase in density or building coverage;

c.

An increase in the maximum allowed height of structures;

d.

A realignment of major circulation patterns or a change in functional classification of the street network;

e.

A reduction in approved open space or common amenities;

f.

A reduction of off-street parking.

(12)

Step 12: Major amendments to the MDP must be approved by the Board of Trustees. An application to amend the MDP shall be submitted for consideration and review according to the process outlined above.

(a)

The FDP application is intended to specify design components of the PUD or portions thereof and provide for the review of additional items not required by the Master Development Plan. An FDP application may be made for all or a portion of the entire PUD district as previously approved at the Master Development Plan stage. All FDP's must include building locations and footprint dimensions. In any PUD, an approved FDP for all or portions of the district must be subdivided before any building permits are issued for the construction of buildings and structures. The completed application shall be known as the FDP.

(b)

Submission Requirements. The FDP shall include all of the information required in the Master Development Plan in its finalized, detailed form plus any additional items included below. Omissions are cause to continue or deny the application.

(c)

Written Documents. The applicant shall submit a written statement which shall include the following additional information:

(1)

A final development schedule indicating the approximate date(s) when construction of the PUD or phases of said development can be expected to begin and to be completed.

(2)

A description of the proposed open space to be provided at each stage of development; an explanation of how said open space shall be coordinated with surrounding developments; total amount of open space (including a separate figure for usable amount of open space); a statement explaining anticipated legal treatment of ownership and maintenance of common open space areas and the amounts and location of dedicated public open space.

(3)

Copies of proposed development standards, final covenants, declarations, architectural design standards, grants of easements or other restrictions to be imposed upon the use of the land, including common open spaces, buildings, and other structures within the development.

(4)

Final environmental studies of the proposed site(s) prepared and attested to by qualified professionals in the fields of soil quality, slope, topography, geology, water rights and availability, ground water conditions, and impact on wildlife.

(5)

Any required dedication, documentation and/or improvement agreements and bonds plus a title insurance commitment dated not older than 30 days prior to application.

(6)

Any new items not submitted with the Master Development Plan.

(7)

Quantitative data for the following: final number of dwelling units, densities, calculations for previously agreed upon design and development standards, and footprint sizes of all proposed buildings.

(8)

A statement that integrates pertinent elements of any pre-annexation and development agreements and contracts negotiated with the Town.

(9)

Final traffic impact study.

(10)

Final utility and water plans.

(d)

Graphic Documents. The applicant shall submit finalized graphics which shall include the following information:

(1)

Final Site Plan and plan maps that have been revised since the Master Development Plan approval.

(2)

Final landscape plan.

(3)

The planned pedestrian, bicycle and vehicular circulation system including their interrelationships with the vehicular parking and unloading system, indicating proposed detailed treatments of points of conflict.

(4)

An erosion control and stormwater plan.

(5)

The proposed treatment of the perimeter of the PUD including materials and techniques used such as screens, fences, walls and landscape plan.

(6)

Final drainage plan stamped by a licensed Colorado engineer.

(7)

Final engineering and construction plans for public improvements and private streets.

(8)

A phasing plan if the development is approved for phased development.

(9)

A detailed lighting plan depicting on-site streetlight location, height, and fixture type, with supplemental specifications.

(10)

Such additional information as may be required by the Planning Commission or Board of Trustees necessary to evaluate the character and impact of the proposed PUD.

(e)

Approval Procedure.

(1)

Applications for a Final Development Plan shall be submitted in accordance with Section 16-6-210. The FDP must be in conformance with the Master Development Plan as approved or amended.

(2)

The completed application packet and supplementary submittal materials shall be filed with the Community Development Department at least 30 days in advance of the regular meeting date of the Planning Commission at which the Final Development Plan will be heard.

(3)

Within a reasonable time, the Community Development Department shall review the application and determine it is complete or send notice to the applicant of deficiencies. The applicant shall address the deficiencies and provide missing or updated information to the Community Development Department.

(4)

Upon determination that the application is complete, the Community Development Department shall refer the application to appropriate reviewing agencies in accordance with 16-6-220.

(5)

The Planning Commission shall hold a public hearing on the FDP in accordance with 16-6-230 and 16-6-240.

(6)

The Planning Commission shall either recommend approval, approval with conditions, disapproval, or continue the hearing for 30 days. Consent of the applicant(s) is required for any continuance beyond 30 days. Lack of consent to continue or failure to reach agreement on negotiated items shall be deemed a recommendation of denial.

(7)

A Public Hearing before Board of Trustees shall be scheduled pursuant to Section 16-6-230 and 240 of this Article. The Board of Trustees may approve, approve with conditions by resolution, or deny the application. If approved, the applicant shall provide two (2) signed mylars of graphic documents, and two (2) 24"x26" paper copies with original signatures.

(8)

The Community Development Department shall review the application packet pursuant to Section 16-6-210.

(f)

No building permits shall be issued on land within the PUD until an FDP for that land has been approved by the Planning Commission and Board of Trustees.

(g)

Amendments to the Final Development Plan. Minor changes of 10% of less in the location, siting, and height of buildings and structures may be authorized by the Community Development Department.

(h)

Approval for Amendments to the Final Development Plan. The following changes will require review and approval by the Planning Commission and Board of Trustees at a duly noticed public hearing:

(1)

A change in the use or character of the development.

(2)

An increase in the overall land coverage of structures.

(3)

An increase in the intensity and density of use.

(4)

A reduction in approved open space.

(5)

A reduction of off-street parking and loading spaces.

(6)

A reduction in required pavement widths.

(7)

An increase in height over what was originally approved.

(8)

All other changes in use, or rearrangement of lots, blocks, and building tracts, or any changes in the provision of common open spaces may be made by the Board of Trustees after a report is prepared by the Community Development Department and upon recommendation by the Planning Commission. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the FDP was approved or by changes in the Master Development Plan.

(9)

Any changes which are approved for the FDP must be recorded as amendments in accordance with the procedure established for the recording of the initial FDP documents with the exception that prior to making its recommendation to the Board of Trustees, the Planning Commission shall hold at least one public hearing with the Community Development Department publishing notice of general description of said hearing in the official publication of the Town at least 15 days in advance of the hearing.

(i)

Review of Development Schedule. Each approved FDP must contain a detailed development schedule of public and private improvements. Town staff shall monitor the development schedule. Failure of the developer to substantially adhere to the approved schedule shall be cause for an FDP special review by the Planning Commission. Special review shall be conducted as a result of one or more of the following:

(1)

Failure to begin subdivision platting and/or draw building permits for construction as detailed in the approved development schedule within 18 months of the scheduled starting date or extensions thereto.

(2)

Inactivity or documented lack of progress on any stage of the project for more than two years from the last completed benchmark in the approved development schedule, as determined by either the staff or Planning Commission.

(j)

FDP Special Review process. The FDP special review by the Planning Commission shall determine if the original assumptions and plans of the PUD are still appropriate. During the review, the developer may request that the development schedule be formally amended. If no amendment is granted, the Planning Commission shall forward a recommendation to the Board of Trustees that the FDP be declared null and void, in whole or in part.

(k)

Request for extensions to the starting dates by the developer. The Planning Commission may extend, for not more than two periods of 12 months each, the time for beginning the project.

(l)

The Board of Trustees shall hold a public hearing to amend or void the FDP. Said hearing shall be conducted in conformance with 16-6-230 and 240 of this Article.

The Planning Commission will conduct a review of each project on a biennial schedule commencing on or about the anniversary date of the FDP approval. No fees will be charged to the owner of record for these reviews. The owner of record of PUD projects may be asked by the Planning Commission or staff to appear at this review and make a progress report. The Planning Commission will decide and so note in the minutes as to whether adequate or no progress has been made by the owner of record.

(a)

General. The amount of open space required in a PUD shall be not less than 15% of the gross land area, expressed in acres and percentages. Open space shall be land areas not occupied by buildings, structures, parking areas, driveways, streets, or alleys. Said open space shall be devoted to landscaping, planting, patios, walkways, trails recreational areas and facilities, and preservation of natural features.

(b)

Open space negotiations are to be carried out in relation to the following criteria:

(1)

Open space and/or landscaping must accompany all types of development.

(2)

Larger open space areas are logically connected to each other and to external open spaces via linear path systems.

(3)

Enhancement of the natural features of a development site.

(4)

Degree of maintenance.

(5)

Development of waterways and bodies of as a recreational amenity.

(6)

Degree of public access to open spaces and recreational amenities.

(7)

Maintenance. Open space shall comply with requirements of the Master Development Plan and annexation agreement.

(8)

Landscape Plan. All multi-family, commercial and industrial uses within the PUD shall submit landscaping plans as required in site plan approval.

(c)

Administration and Maintenance. The following provisions shall govern the administration of the common improvements and open space in all PUDs approved pursuant to these regulations.

(1)

The FDP shall be approved subject to the submission of legal instruments setting forth a plan or manner of permanent care and maintenance of all common improvements, open space, and other facilities provided by the FDP. No such instrument shall be accepted until approved by the Town attorney as to legal form and effect, and by the Board of Trustees. Such documentation shall conform to Section 24-67-105(6), C.R.S.

(2)

The common open space and other facilities provided may be conveyed to a public agency or private association. If the common improvements, open space, or recreational facilities are conveyed to a private association, the developer shall file, as a part of the aforementioned instruments, a declaration of covenants and restrictions, bylaws, and articles of incorporation that will govern the association.

(a)

Enforcement. The provisions of the approved FDP may be enforced by the Town and/or by the occupants, residents, and owners of the PUD to the extent and in the manner provided by Section 24-67-106, C.R.S., as may be amended. In addition to and without limitation on such powers of enforcement, the approved PUD or the FDP of the development may provide for additional rights and remedies as against the landowner in the event of any violation of the provisions of the plan.