(a)

Town Council.

(1)

Designation. The Town Council is the elected governing body of the Town, as established in the Town of Parker Home Rule Charter.

(2)

Powers and responsibility. The Town Council shall have all those powers and duties available to the governing body of a municipality in the State of Colorado, including but not limited to those powers stated in Article III, Section 3.1 of the Town of Parker Home Rule Charter, which shall include but not be limited to those shown in Table 13.03.A: Summary of Development Procedures.

(b)

Planning Commission.

(1)

Designation. The Planning Commission is the appointed body created by Article VI, Section 6.3 of the Town of Parker Home Rule Charter.

(2)

Membership and terms.

a.

Qualifications. Each member of the Planning Commission shall be a registered voter and shall have resided within the Town boundary for at least one (1) year immediately preceding the date of appointment. If any member ceases to reside in the Town, membership shall immediately terminate.

b.

Compensation. Members appointed to the Planning Commission shall receive no compensation from the Town Council.

c.

Conflict of interest. All members of the Planning Commission shall comply with all aspects of Chapter 2.05, Code of Ethics, of the Parker Municipal Code regarding conflicts of interest.

d.

Appointments. The Town Council shall appoint a Planning Commission composed of as many members and as many alternates as the Town Council may determine sufficient by resolution, but in no event shall the Planning Commission consist of less than five (5) nor more than nine (9) regular members. The Town Council may expand or contract the membership of the Planning Commission by resolution. In conjunction with annual appointments or in the event of a vacancy, the Town Council shall appoint the chairperson of the Planning Commission.

e.

Alternate members. In the event that any regularly appointed member of the Planning Commission is unable to attend a scheduled or official meeting due to illness, absence from the Town, conflict of interest in a matter before the Planning Commission, or other reasonable cause, an alternate member may be seated who shall have full voting rights and responsibilities.

f.

Terms. Regular members of the Planning Commission shall be appointed by the Council for overlapping terms of three (3) years. Alternate members shall be appointed annually.

g.

Officers. The Planning Commission shall elect from their membership a vice-chairperson. Other positions may be created by the Planning Commission when needed.

h.

Removal. Any member of the Planning Commission may be removed for cause which includes, but is not limited to, inefficiency, neglect of duty or malfeasance in office. Such removal may be made by the Town Council upon written notification and by resolution. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments.

i.

Vacancy. A Planning Commission position shall become vacant whenever a Planning Commission member fails to qualify, dies, resigns, is incapacitated to an extent that it prohibits the Planning Commission member from properly performing the duties of the position, or is absent from three (3) consecutive regular Planning Commission meetings without a leave of absence given by a majority vote of the entire Planning Commission. The existence of a vacancy shall be established by a majority vote of the entire Planning Commission.

j.

Meetings.

1.

The Planning Commission shall schedule at least one (1) monthly meeting to review and process applications and other requests submitted to the Planning Commission.

2.

Minutes shall be kept of all Planning Commission proceedings.

3.

All Planning Commission meetings shall be open to the public, and the agenda for each Planning Commission meeting shall be made available in advance of the meeting.

k.

Special meetings. The Planning Commission may call special meetings to conduct business on an alternate hearing date due to weather conditions or other scheduling difficulties.

l.

Quorum and vote. No business of the Planning Commission shall be transacted except at a regular or special meeting at which a quorum of the Planning Commission shall be present. A majority based on the entire regular membership shall constitute a quorum for the transaction of business. In determining if a quorum exists, alternate members shall be included as appropriate. In the absence of a quorum, any convened meeting shall be terminated by the presiding members within a reasonable time after gathering. Approval of any measure requires a majority vote by the voting members present. In the event of a dissenting vote by one (1) or more members of the Planning Commission, a roll call vote shall be recorded in the minutes of the meeting.

(3)

Duties and responsibility.

a.

Generally. The Planning Commission shall exercise the functions and powers and perform the duties assigned to it by the Town Charter and the ordinances of the Town, including but not limited to:

1.

The Commission shall perform those duties and making those decisions shown as duties of the Planning Commission in Table 13.03.A; and

2.

The Commission shall prepare and submit to the Council for its approval a Master Plan for the physical development of the Town and areas adjacent to the Town.

b.

Historic preservation. When an application concerns historic resources located in the Town, including but not limited to the application or administration of the provisions of Section 13.03.040(h), Historic preservation procedures, the Planning Commission shall have the following powers and duties:

1.

Advise the Town Council on matters related to preservation, restoration, or rehabilitation of historic resources of the Town;

2.

Develop and, when necessary, amend a plan for historic preservation in the Town;

3.

Recommend criteria for the review of historic resources and determination of eligibility for landmark designation, for consideration of approval by the Town Council;

4.

Review any historic resource (buildings, structures, sites or objects) nominated for designation as a landmark and make recommendations to Town Council as to designation qualifications and eligibility pursuant to the procedures laid out in Section 13.03.040(h) and the landmarking of the historic resource;

5.

Develop guidelines for the alteration, construction, or removal of landmarks, subject to approval by the Town Council; and

6.

Undertake any other action or activity necessary or appropriate to the implementation of the powers and duties of the Planning Commission or to the implementation of the purpose of Section 13.03.040(h).

(4)

Rules and procedures. The Planning Commission may adopt bylaws for the proper conduct of business, subject to approval by the Town Council.

(c)

Planning Director.

(1)

Designation. The Planning Director is that individual appointed to manage the Community Development Department by the Town Manager.

(2)

Duties and responsibilities.

a.

Generally.

1.

The Planning Director shall be responsible for the administration of this LDO, and is vested with the power necessary for such administration including but not limited to the authority to perform those duties and to make each of those decisions shown as duties of the Planning Director in Table 13.03.A: Summary of Development Procedures.

2.

The Planning Director shall have the authority to interpret the provisions of this LDO, including the features shown on the Zoning Map, based on definitions in this LDO and other regulations adopted by the Town, appropriate legal context, and commonly used definitions of the English language.

3.

The Planning Director shall have the authority to establish application submittal requirements and related data, study, and information requirements necessary for a complete application for each type of permit or approval described in this Chapter 13.03, and to waive listed application submittal requirements if the Planning Director determines that a proposed development will create no town-wide or neighborhood impacts that relate to those listed submittal requirements.

b.

Historic preservation. When an application concerns historic resources located in the Town, including but not limited to the application or administration of the provisions of Section 13.03.040(h), Historic preservation procedures, the Planning Director shall have the following powers and duties:

1.

Establish and maintain a register of historic resources, both landmarked and with potential for landmarking, which are important to the history, identity, and culture of the Parker community.

2.

Advise and assist owners of designated landmarks on the physical and financial aspects of preservation; the benefits of rehabilitation and reuse; and procedures for inclusion on the National Register of Historic Places or the State Register of Historic Properties.

3.

Develop and assist in public education programs, including, but not limited to, walking tours, brochures, historic interpretive signage, and a marker program for historic properties.

4.

Work with and assist departments of the Town in matters affecting historic preservation.

5.

Apply on behalf of the Town for gifts, grants and money as may be appropriate for the purpose of Section 13.03.040(h), subject to approval by the Town Council. Such money may be authorized for use by the Town Council and administered by the Planning Director for publishing, for hiring staff persons or consultants, or for performing other appropriate functions that carry out the purposes of Section 13.03.040(h).

6.

Nominate landmarks for consideration by the Planning Commission and Town Council, when appropriate to do so, to the National Register of Historic Places and/or the State Register of Historic Properties, and review or comment upon nominations submitted by others for said properties.

(d)

Floodplain Administrator.

(1)

Designation. The Floodplain Administrator is the Director of Engineering/Public Works who is appointed by the Town Manager to administer and implement Section 13.08.040(a), Floodplain regulations, by granting or denying Floodplain Development Permit applications pursuant to its provisions and other appropriate Sections of 44 C.F.R. (National Flood Insurance Program Regulations) pertaining to floodplain management. The Director of Engineering/Public Works may assign a designee to act as the Floodplain Administrator.

(2)

Duties and responsibilities. Duties of the Floodplain Administrator shall include, but not be limited to:

a.

Development application review.

1.

Review all development applications to determine that the requirements of Section 13.08.040(a), Floodplain regulations, have been satisfied.

2.

Review all development applications to determine that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required.

3.

Review all development application to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 13.08.040(a)(6)d, Floodways are met.

b.

Use of other base flood data. When base flood elevation data has not been provided pursuant to Section 13.08.040(a)(5)a, Basis for establishing the areas of special flood hazard, the Floodplain Administrator shall obtain, review and reasonably use any base flood elevation and floodway data available from any federal, state or other source as criteria for requiring that new construction, substantial improvements or other development in Zone A area is administered pursuant to Section 13.08.040(a)(6)b, Construction standards for non-conforming structures.

c.

Information to be obtained and maintained.

1.

Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

2.

For all new or substantially improved floodproofed structures:

a)

Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed.

b)

Maintain the floodproofing certification.

3.

Maintain for public inspection all records pertaining to the provisions of Section 13.08.040(a), Floodplain regulations.

4.

Maintain the records of all appeal actions, including technical information, and report any Variances to the Federal Emergency Management Agency.

d.

Alteration of watercourses.

1.

Notify adjacent communities and the Urban Drainage and Flood Control Mile High Flood District and/or the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse and submit evidence of such notification to the FEMA.

2.

Require that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.

e.

Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in 13.03.030(i)(3), Appeals of decisions under the LDO.

Table 13.03.A, below, lists the development procedures authorized by this LDO, whether pre-submittal activities or neighborhood meetings are required, and the role of Town review and decision-making bodies. The public notice requirements for the development procedures are set forth in Table 13.03.C.

(a)

Purpose. The purpose of this Section 13.03.030 is to establish the standard procedures and rules applicable to many types of development applications, which will apply unless otherwise stated in this LDO.

(b)

Applicability.

(1)

These procedures shall apply to all applications under this LDO unless another provision of this LDO clearly indicates that one (1) or more provisions are not to apply, or modifies the applicability of these provisions to some circumstances or conditions.

(2)

The Town may also apply certain procedural requirements within this Section 13.03.030 when a procedure is not specifically described within this LDO.

(3)

The applicant is responsible for understanding the requirements and procedures contained in this LDO, the Master Plan, and applicable zoning regulations and is responsible for attending all Planning Commission and Town Council hearings or meetings at which the application is considered. Failure to attend one (1) or more hearings or meetings may result in the request being denied or deferred for later consideration and a new hearing or meeting date being scheduled.

(c)

Pre-Application meetings.

(1)

Purpose. The purpose of this Section 13.03.030(c) is to establish a meeting process to help applicants understand the regulations, policies and procedures that apply to a specific proposal before a formal application is submitted. The Community Development Department will include other departments in the pre-application meeting.

(2)

Applicability.

a.

A pre-application meeting shall be required as indicated in Table 13.03.A: Summary of Development Procedures. Pre-application meetings are not required for development applications initiated by the Town.

b.

The Planning Director may waive the requirement for a pre-application meeting based upon the size, scope, and unique characteristics of the project.

(3)

Procedure.

a.

A pre-application form shall be completed and shall be accompanied by supporting materials as indicated in the LDO Administrative Manual, available on the Town's website or at the Community Development Department.

b.

The Community Development Department shall set the date and time for the meeting.

c.

The goal is to have Town departments and other agencies provide preliminary guidance on the request.

d.

Should the applicant decide to proceed further, a formal application shall be required.

(d)

Applicant-facilitated neighborhood meetings.

(1)

Purpose. The purpose of this Section 13.03.030(d) is to establish a neighborhood meeting process that allows residents, businesses and organizations in the area surrounding a proposed development project an opportunity to learn about the proposed project, and to allow applicants to hear comments and concerns about the potential development.

(2)

Applicability.

a.

An applicant-facilitated neighborhood meeting shall be required as indicated in Table 13.03.A: Summary of Development Procedures.

b.

The Planning Director may waive the requirement for an applicant-facilitated neighborhood meeting based upon the size, scope, and unique characteristics of the project.

(3)

Procedure.

a.

The applicant shall hold a meeting allowing the public to review the proposed project after the application has been submitted to the Town and prior to scheduling a public hearing.

b.

Notice shall be sent by mail to those Homeowners Associations (HOAs) that have boundaries within one-half (½) mile of the proposed project site and to all property owners adjacent to the proposed project site. Notices shall be sent at least fourteen (14) calendar days prior to the meeting. The Planning Director may require electronic notice to the same parties or may require additional noticing requirements based on the size, complexity, and potential impacts of the project on the surrounding neighborhood.

c.

The applicant shall present information about the proposed project such as general land uses, the size, height, and location of any structures, and concept-level information about the proposed site including multimodal connectivity, traffic flow, site layout, and building design. Detailed engineering is not required. A representative of the Town may be in attendance to listen, but will not present or speak about the project.

d.

The Planning Director may require a neighborhood meeting even if not required by Table 13.03.A: Summary of Development Procedures, or additional neighborhood meetings based on the size, complexity, changes to the proposed development after the first neighborhood meeting, and potential impacts of the project on the surrounding neighborhood.

(e)

Application submittal and acceptance.

(1)

Purpose. The purpose of this Section 13.03.030(e) is to establish who has authority to file an application under this LDO, the obligation to submit all required application materials and to pay all required fees for each type of application before it will be processed by the Town, the applicant's responsibility to ensure that all application materials are complete and accurate, and the Town's right to refuse to process incomplete or inaccurate applications.

(2)

Authority to submit an application.

a.

No application shall be submitted prior to completing a required pre-application meeting unless otherwise indicated in Table 13.03.A: Summary of Development Procedures.

b.

Unless otherwise stated in this LDO, applications and permits processed under this LDO shall be submitted by:

1.

The owner(s), or any other person having a recognized property interest in the land on which development is proposed;

2.

A person authorized to submit the petition on behalf of the owner or other person having a recognized property interest in the land, as evidenced by a letter or document signed by the owner; or

3.

Planning Commission, Town Council or Town staff may file an application for a Master Plan adoption or amendment, an LDO amendment, and a Rezoning as set forth in Sections 13.03.040(k), 13.03.040(i), and 13.03.040(n), respectively.

(3)

Application submittal requirements.

a.

Applications shall be submitted on forms prescribed by the Town.

b.

Application forms shall be accompanied by all required supporting materials and studies, as indicated in the LDO Administrative Manual, or in materials available at the Community Development Department. If the Planning Director determines that the proposal may create material adverse impacts on surrounding areas or the Town as a whole, the Planning Director may require the submittal of additional materials necessary to evaluate those potential impacts.

c.

If the application is for a project to be developed in phases, the application shall include all required information for the phase of the project for which approval being requested.

1.

If only information for one phase of the project is submitted, the Town may apply conditions to the approval of that phase based on mitigation of potential impacts from the tallest and most intense potential development in the remaining phases of the project.

2.

If the Town applies conditions on an earlier phase of the development pursuant to Subsection 1 above and the applicant later submits an application for a later phase requesting approval of lower or less intense development than the Town assumed pursuant to Subsection 1, the Town may modify the earlier conditions to reflect the proposed development.

3.

The applicant may submit required information for additional phases or for the entire development, provided that the applicant signs an acknowledgement that the information may need to be revised, resubmitted, and complete an additional round of Town review and approval if the applicant's plans for the future of the property differ in any respect from the submitted information.

d.

If an applicant submits and receives approval for four (4) or more Final Plats in the same Preliminary Plan for a Planned Development, the applicant is subject to additional submittal requirements as described in the LDO Administrative Manual.

e.

If an applicant has applied for any permit or approval requiring a final approval by the Town Council, and that application is denied by the Town Council, no new application for the same or substantially the same permit or approval, as determined by the Planning Director, shall be submitted, or accepted within one (1) year of the date of such denial.

(4)

Payment of fees.

a.

The applicant shall pay any fees as established by Town ordinances in effect at the time the development application is approved by Town Council. The fees shall be paid at the time specified by such ordinance.

b.

The payment of fees of the costs of professional and consulting services under this LDO shall be due and payable, regardless of whether the project is completed, approved, or withdrawn.

c.

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for any permit or application submitted to the Town. The amount of the fees charged shall be established by resolution of the Council.

d.

Applications for which fees are due pursuant to Subsections a. and b. above are not paid in full shall be considered incomplete and shall not be processed nor shall any permit related to the application be issued.

e.

The Town will require the applicant to execute a chargeback agreement for any and all costs of professional or consulting services which the Town incurs as a result of a developer or the project. Professional or consulting services include, but are not limited to, legal, engineering, materials testing, plan/permit review or inspection service.

1.

The Town will send the applicant a statement for the professional or consulting services which the Town incurs pursuant to Subsection b. above.

2.

The applicant shall pay the Town the amount due on the statement within thirty (30) days of the date of the issuance of such statement.

3.

In the event the applicant fails to pay the amount due on the statement within the time period specified above, the Town shall immediately stop the review process for the proposed development or issue a stop work order. The Town may impose interest on the amount due at the rate of the lesser of one and one-half of one percent per month or the maximum amount permitted by law per month from the date when due.

4.

In addition, the Town shall have the right to initiate an enforcement action against the applicant for nonpayment of such fees. Such enforcement action may be initiated either in the Douglas County Court or in the Parker Municipal Court. In the event such collection action is determined in favor of the Town, the Town shall be awarded its attorneys' fees and court costs in addition to the unpaid fees as part of any judgment.

(5)

Application completeness.

a.

The applicant shall be responsible for complete and proper application submittal. Failure to do so will result in a delay of acceptance and/or denial of the application.

b.

If any documentation presented to the Community Development Department is found to be inaccurate or misleading, the application will be denied or the approval may be revoked.

c.

On receiving a development application, the Planning Director shall determine whether the application is complete. A complete application is one that contains all information, materials and exhibits required by the Town and this LDO including without limitation:

1.

Any additional items necessary to confirm compliance with previously approved development conditions for the property;

2.

Submittal items with sufficient detail and readability to evaluate the application for compliance with applicable review standards of this LDO; and

3.

All fees required by Subsection (4) above.

d.

On determining that the development application is incomplete, the Planning Director shall notify the applicant of the submittal deficiencies within ten (10) business days of receiving the application. The applicant may correct the deficiencies and resubmit the application for a determination of completeness until the Planning Director determines the application is complete. No development application shall be reviewed for compliance with this LDO, sent out for referral or scheduled for a public hearing until it is determined to be complete.

e.

On determining that the application is complete, the Planning Director shall accept the application for review pursuant to the procedures and standards of this LDO.

(6)

Expiration of an application. Any application for which the Planning Director has requested additional or corrected information from the application, and that is inactive for 180 days or more, shall expire, shall not be reviewed for compliance with this LDO and must be resubmitted with new submittal information and fees. If a project expires, the applicant will forfeit all fees paid.

(7)

Denial of an application. Upon denial of any development application, the same or similar application, as determined by the Planning Director, may not be resubmitted for a period of one year commencing from the date of denial.

(8)

Withdrawal of an application. The applicant may withdraw an application at any time upon submittal of a written request to the Community Development Department. The applicant will forfeit all fees paid.

(9)

Review of applications for public facilities not owned or operated by the Town. An application for a facility needed to provide a public service that is submitted by a service provider or entity other than the Town shall be processed as follows:

a.

If the facility is to be located in a public right-of-way, the application will require the issuance of a Town right-of-way permit pursuant to Section 10.09.060, Permit Required, of the Parker Municipal Code.

b.

If the facility is to be located outside a public right-of-way and the proposed use is not a permitted use in the zoning district for the property where the facility is proposed to be located, as shown in Table 13.05.A, the facility shall require the issuance of a Use by Special Review approval pursuant to Section 13.03.040(s), or 13.03.040(t), or 13.03.040(u), as determined to be applicable by the Planning Director, unless otherwise provided by law.

c.

If the facility is to be located on outside a public right-of-way and the proposed use is a permitted use in the zoning district for the property where the facility is proposed to be located, as shown in Table 13.05.A, the facility shall require the issuance of a Site Plan approval pursuant to Section 13.03.040(p), unless otherwise provided by law

(f)

Staff review and action.

(1)

Purpose. The purpose of this Section 13.03.030(f) is to establish the standard procedures that Town staff shall use to review and take action on completed applications and grant administrative allowances from some LDO standards for listed reasons. These procedures may be modified or supplemented by those in Section 13.03.040, Specific procedures, or by other regulations or requirements of the Town.

(2)

Staff review and referral. Staff shall review the application and shall send electronic referrals to applicable Town departments and participating reviewing agencies. Referral timelines shall be available in the LDO Administrative Manual. Staff shall submit comments to the applicant in a form prescribed by the Town. Staff review may require multiple referrals depending on the responsiveness of the applicant. The application will not move forward for further review until the Planning Director determines that the applicant has adequately responded to the Town's comments.

(3)

Staff report.

a.

If an application is subject to staff review and recommendation to another review and decision-making body as indicated in Table 13.03.A: Summary of Development Procedures staff shall prepare a written staff report that summarizes the proposal, findings, and recommendations.

b.

The Planning Director shall provide the staff report to the decision-making body and shall make the staff report and related materials available for public review prior to the public meeting or public hearing at which the application is scheduled to be heard.

(4)

Administrative allowances.

a.

Applicability.

1.

This Section 13.03.030(f)(4) authorizes the Planning Director to approve Administrative Allowances to those development standards listed in Table 13.03.B: Administrative Allowances, below, during the review of a Site Plan, Use by Special Review, or Subdivision Plat that has not previously been approved by the Town.

2.

Administrative Allowances cannot be approved within any PD zoning district.

3.

An Administrative Allowance may not be used for more than three (3) contiguous lots (even if some of the contiguous lots were included in a previous approved Administrative Allowances) or for an entire development or phase of development containing more than three (3) contiguous lots.

4.

Administrative Allowances shall not apply to any of the use-specific standards outlined in Section 13.05.030, Use-specific standards.

5.

Applications to modify existing approvals are not eligible for an Administrative Allowances and are reviewed under Section 13.03.040(c), Administrative adjustment.

b.

Process.

1.

A request for an Administrative Allowance shall only apply to the specific types of standards shown in Table 13.03.B, below.

2.

A separate application for an Administrative Allowance is not required. Instead, the requested Administrative Allowance shall be described in detail on the application of the Site Plan, Use by Special Review or Subdivision.

3.

The Planning Director shall decide whether to approve, approve with conditions, or deny a request for an Administrative Allowance pursuant to the criteria in Subsection c. below.

c.

Criteria for approval.

1.

For stream buffer width adjustments, the Allowance shall be approved by the Director of Engineering/Public Works and comply with the following criteria:

a)

The reduction shall not result in a reduction in water quality;

b)

The reduction shall not result in the removal of existing trees, shrub groupings, or other significant landscaping features within the reduced buffer area; and

c)

Any land-disturbing activity shall comply with all applicable erosion and sedimentation control laws, regulations, contractual requirements, and best management practices.

2.

Criteria for all other Administrative Allowances shall meet the criteria in either Subsection a) or Subsection b), below.

a)

The Allowance:

1)

Either:

a.

Allows improved site or building design elements to be incorporated that are more consistent with the surrounding context; or

b.

Addresses an unusual site constraint or unusual requirement of the proposed use or building that is not common to other lots, uses, or buildings in the surrounding area;

2)

Will have no significant adverse impact on any adjacent lot, or any significant adverse impacts have been mitigated by conditions attached to the adjustment; and

3)

Is consistent with any condition imposed by the decision-making body authorized to make a final decision on the application, as shown in Table 13.03.A: Summary of Development Procedures.

b)

The Allowance is required to comply with applicable law including the federal Fair Housing Amendments Act or Americans with Disabilities Act, as determined by the Town Attorney.

d.

Approval or denial of administrative allowances.

1.

If approved or approved with conditions, the applicable allowances and conditions shall be noted on the Site Plan, Use by Special Review, or Subdivision.

2.

Decisions to approve or deny an Administrative Allowance are not appealable separately from the underlying development application to which they relate.

(5)

Referral to Planning Commission and Town Council. If Table 13.03.A: Summary of Development Procedures authorizes staff to make a decision, and the Planning Director determines that the application is unusually complex or raises potentially unique or serious impacts on the Town or the surrounding neighborhoods, the Planning Director may refer the decision to the Planning Commission for a recommendation and to the Town Council for a decision pursuant to the same criteria that the Planning Director would have been required to apply to that decision.

(g)

Public hearing scheduling and notice.

(1)

Purpose. The purpose of this Section 13.03.030(g) is to provide information regarding the opportunity for public participation on land use proposals within the Town and to clarify the duties of applicants under this LDO to provide adequate notice regarding those opportunities.

(2)

Applicability. All applications that require public hearings before the Town Council or Planning Commission shall be subject to these requirements and apply to all land within the jurisdiction of the Town as well as those parcels subject to the consideration of and petitioning for annexation into the Town boundaries. Public notice shall be required prior to public hearings for certain applications pursuant to Table 13.03.C below.

(3)

General provisions.

a.

It is the responsibility of the applicant to meet public notice requirements.

b.

No public hearing shall commence, nor testimony be taken, until these procedures are completed by the applicant.

c.

The Town may approve concurrent noticing of Planning Commission and Town Council.

d.

For notification of adjacent property owners, applicants must use the County Assessor's records, and the list submitted to the Community Development Department must be current within sixty (60) days of the public hearing. A written affidavit indicating the date that the notices were researched at the Assessor's Office shall be provided to the Community Development Department.

e.

Proof of all notices must be provided to the Community Development Department prior to the hearing, or the item will be removed from the agenda.

f.

The Town Council or Planning Commission may continue any hearing to a date certain, and no further notice of a continued hearing is required.

(4)

Procedures.

a.

Online and written notice. At least fifteen (15) days prior to a public hearing, a notice shall be published on the Town's website and a written notice shall be sent by first class mail to all property owners whose property is adjacent to the applicant's property, a list of which shall be submitted to the Community Development Department prior to the hearing date. The notice shall include the following information:

1.

Name of decision-making body(s);

2.

Type of application request;

3.

Legal description and vicinity map of the subject property;

4.

General location;

5.

Date, time, and location of the hearing(s);

6.

Where more information can be obtained; and

7.

A narrative outlining the proposed development application.

b.

Public hearing notice sign. At least fifteen (15) days prior to a public hearing, a notice sign shall be posted on the property for which the development application is made. The applicant shall obtain, at its expense, all required signs, and shall be responsible for organizing and completing the required sign content based on the Town's established public notice sign template.

1.

The Town's established public notice sign template shall include spaces for the following information, and the applicant shall ensure that each required sign includes full and accurate information in the spaces provided

a)

Application type and case number;

b)

Date, time, and location of the hearing(s); and

c)

Where more information can be obtained.

2.

In the case of an application submitted by anyone other than the Town, the applicant shall post a minimum of one (1) sign facing each public or private street frontage, within five (5) feet of the lot line, in a manner that makes them clearly visible to the general public.

a)

A four (4) foot by four (4) foot sign shall be placed on the property and the bottom of the sign shall be no less than four (4) feet above the ground and no greater than six (6) feet above the ground. Posted signs may not obstruct the view of motorists.

b)

All signs shall be removed from the property within ten (10) business days of the date of the final hearing on the application.

c)

The Planning Director may require additional signs or modified sign location requirements to be posted on the property if the Planning Director determines such signs are necessary to adequately inform the public of the hearing(s).

3.

In the case of an application submitted by the Town, the Town may post a minimum of one (1) sign in the right-of-way in a manner that makes them clearly visible to the general public, and shall comply with the requirements of Subsections 2.a)and 2.b) above.

c.

Administrative review notice sign. During the referral period as described in Section 13.03.030(f)(2), Staff review and referral, an administrative review notice sign shall be posted on the property for which a Site Plan application is made. These notice signs shall meet the same sign posting requirements set forth in Subsection b. above with the exception of date, time, and location of the hearing information.

d.

Notice requirements to mineral estate owner.

1.

Notice required. The applicant shall provide notice to the owners of mineral estates lying beneath the surface of land for which an application under this LDO has been submitted as indicated in Table 13.03.C, unless one of the exceptions in Subsection 2. Below applies.

2.

Exceptions. Unless otherwise specifically stated in this LDO, the following types of applications are not subject to this Subsection d;

a)

Applications for which notice to mineral estate owners was previously given for an initial application for development pursuant to Subsection 1. Above;

b)

Applications for a change of use for an existing structure;

c)

Applications for Replats;

d)

Applications for Site Plans;

e)

Applications for an amendment to Development Guide or Development Plan that does not result in a change of use;

f)

Applications for a Use by Special Review;

g)

Applications with respect to electric lines, natural gas pipelines, steam pipelines, chilled and other water pipelines, or appurtenances to said lines or pipelines;

h)

Applications for annexation and zoning of annexed property; and

i)

Applications for Rezoning

3.

Notice requirements. Where the mineral estate is severed from the surface estate, the applicant shall, at least thirty (30) calendar days prior to the date of the first scheduled public hearing on the application for development:

a)

Send notice by certified mail, return receipt requested, or by a nationally recognized overnight courier to the mineral estate owner, which notice includes the time and place of the public hearing(s), the nature of the hearing(s), the location of the property that is the subject of the hearing(s) and the name of the applicant;

b)

Send notice to the Town containing the name and address of the mineral estate owner; and

c)

Certify to the Town, prior to or at the first scheduled public hearing on the application, that proper notice has been provided to the mineral estate owner. Such certification shall consist of a statement indicating compliance with this Section 13.03.030(g)(4)d, as well as a certificate of mailing, attached to the notice sent to the mineral estate owner, to include the following information:

1)

Name and address of the mineral estate owner(s); and

2)

Date of deposit of mailed notice.

d)

An applicant's failure to provide a Certificate of Mailing indicating compliance with these mineral estate notice requirements may result in the removal of the item from the public hearing agenda or a continuance of the item until required notice has been given.

e.

Multiple applications. If an applicant files more than one initial application for development for the same new surface development, the applicant shall only be required to send notice of the initial public hearing(s) scheduled for the first application for development to be considered by the Town. If a mineral estate owner contacts the Town or the applicant about the application following the initial mineral estate notice to request notice of future applications or hearings, the applicant shall provide such notice to the mineral estate owner making the request.

f.

Waiver of rights. The mineral estate owner may waive the right to notice under this Section 13.03.030(g)(4)d in writing to the applicant, and receipt of this waiver by the Town shall satisfy the notice requirements contained in this Section.

g.

Remedies. Unless otherwise noted in the provisions of Section 24-65.5-103.3, C.R.S., no development approval for an initial application for development shall be suspended unless the applicant fails to provide the certification described in Subsection d.3.c), above.

(h)

Decision-making review and action.

(1)

Purpose. The purpose of this Section 13.03.030(h) is to establish procedures for review and decision-making on applications under this LDO by the decision-makers identified in Table 13.03.A, as well as the types of conditions that can be attached to development approvals and the periods of time during which each type of approval is valid.

(2)

General. The decision-making body identified in Table 13.03.A shall approve, approve with conditions, continue, or deny an application based upon the applicable standards and criteria in this LDO and the Master Plan. The decision shall be considered final on the date that the review body issues a final decision on the application, unless appealed.

(3)

Burden of proof. The applicant shall have the burden to present evidence that the applicable criteria for approval in this LDO is sufficient for the decision-maker to approve the application.

(4)

Decision by Planning Director or Town official.

a.

Procedure. If Table 13.03.A or another provision of this LDO indicates that the Planning Director or another Town official shall make the decision on an application, the Planning Director shall make one of the following decisions:

1.

Approve the application;

2.

Approve the application with conditions; or

3.

Deny the application, indicating for the record the reasons for the denial.

b.

Criteria for approval. In making the decision, the Planning Director shall use the criteria outlined within Section 13.03.040, Specific procedures, relevant to the specific application type.

(5)

Review or decision by Planning Commission or Town Council.

a.

Procedure. If Table 13.03.A or another provision of this LDO indicates that an application is to be reviewed by the Planning Commission or Town Council, the following shall apply:

1.

A public hearing or meeting shall be scheduled before the Planning Commission or Town Council. The Planning Commission or Town Council shall review all of the following in order to make a recommendation or decision on the application:

a)

The staff report prepared in accordance with Section 13.03.030(f)(3), Staff report;

b)

All application and presentation materials submitted or presented by the applicant; and

c)

Testimony provided at the public hearing as it relates to the applicable criteria for approval.

2.

After review and discussion of the application, the Planning Commission shall make one of the following recommendations to the Town Council or the Planning Commission or Town Council shall make the following decisions:

a)

Approval;

b)

Approval with conditions, indicating for the record what conditions shall be attached to the application;

c)

Denial, indicating for the record the reasons for the denial; or

d)

Continuing the application review process in order to obtain more information to help clarify or support the request.

b.

Recommendation or decision. In making its recommendation or decision, the Planning Commission or Town Council must find that all of the criteria in Section 13.03.040, Specific procedures, associated with the specific development application or permit type, are met.

(6)

Requirements for conditions of approval.

a.

The Town may attach conditions to an approval that are necessary to comply with the Master Plan, this LDO (including but not limited to the approval criteria applicable to the specific procedures on which a decision is being made), other adopted plans and regulations, or to mitigate the impacts of that development on the surrounding area.

b.

No conditions of approval shall be less restrictive than the requirements of this LDO, except where the LDO expressly allows deviations.

c.

No conditions of approval shall violate the federal or Colorado constitutions, statutes, or regulations.

d.

During its consideration, the recommending body or the decision-making body may consider alternative conditions. Discussion of potential conditions to mitigate impacts do not reflect actions by the recommending body or the decision-making body unless and until the decision-making body takes formal action to attach that condition to a development approval.

e.

Any conditions that require an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a formula applicable to a broad class of applicants shall be based upon an individualized determination that there is an essential nexus between the condition and a legitimate local government interest and shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, unless applicant agrees to the conditions. Any conditions shall be listed in or attached to the approval document.

f.

Violation of any approved condition shall be a violation of this LDO.

(7)

Continuing responsibilities of property owner. Any recommendation or approval by the Planning Director, Planning Commission, Town Council or other decision-maker identified in this LDO does not relieve the applicant's responsibility to comply with the requirements of the Endangered Species Act of 1973, 16 U.S.C. § 1531, et seq., as amended, the Fair Housing Act, 42 U.S.C. § 3601, et seq., the Americans with Disabilities Act, § 42 U.S.C. 12101, et seq., and all other applicable federal, state or local laws or regulations.

(8)

No grading, site improvements, or construction before approval. No Grading Permit or Building Permit may be approved by the Town, and no construction of any building, structure, or improvement on subject property may occur, until all permits or approvals required by this LDO have been issued, and in the case of divisions of land until all required plats or other documents evidencing the Town's approval of the division of land have been recorded with the Douglas County Clerk and Recorder.

(9)

Term of approval.

a.

Expiration of approvals. Each permit or application approved or approved with conditions under this LDO shall be valid for the periods of time shown in Table 13.03.D below, and the approval shall expire after that period unless extended pursuant to Subsection b.

b.

Extensions of expiration of approvals. For each permit or development approval for which Table 13.03.D shows an expiration of approval:

1.

The Planning Director, after consultations of the Director of Engineering/Public Works, may approve one (1) extension for a time not to exceed one hundred eighty (180) days for that permit or approval subject to the criteria set forth in Subsection 5. below. If four (4) or more final plats are submitted concurrently with a single preliminary plan, this extension may be for a period not to exceed twelve (12) months.

2.

For Site Plans, following such one hundred eighty (180) day extension, the Planning Director may approve one additional extension of time not to exceed one hundred eighty (180) days if such extension is necessary to accommodate prairie dog relocation efforts as provided in Section 13.08.040(e), Prairie dog management.

3.

Any denial of the extension may be appealed to the Town Council. If denied, the applicant may resubmit a new application and all required fees for the same project.

4.

The Town Council may grant an additional extension of time in addition to the administrative extensions of not more than twelve (12) months total, upon a written request prior to the expiration deadline, subject to the criteria set forth in Subsection 5. Below. If four (4) or more final plats are submitted concurrently with a single preliminary plan, this extension may be for a period of time not to exceed eighteen (18) months.

5.

An extension request shall comply with the following criteria:

a)

The applicant has provided evidence that the delay is not due to the action or inaction of the applicant. Evidence may include any documentation of an unexpected predevelopment challenge that is out of the reasonable control of the applicant, including but not limited to changes to or challenges in financing the project, delays due to state or federal permitting requirements, required technical design changes, title issues, or environmental issues;

b)

If the request is related to a subdivision, there has been no significant change in development conditions affecting the subdivision plan and the plat continues to comply with all applicable standards and ordinances;

c)

The applicant has exercised reasonable diligence to complete the project; and

d)

Delays in the process are beyond the control of the applicant.

c.

Running with the land. Approvals issued and executed prior to expiration under this LDO run with the land and are not affected by changes in ownership or the form of ownership of the property, unless otherwise stated under this LDO, or unless otherwise stated as a condition of the approval or the permit.

(i)

Post-decision actions and limitations.

(1)

Purpose. The purpose of this Section 13.03.030(i) is to establish procedures for actions taken after the initial approval of a development application or permit, including but not limited to rights to appeal, procedures to modify a previous Town approval.

(2)

Recording.

a.

Following an approval under this LDO, the applicant shall deliver to the Town for recording, any documents related to the approval requested by the Town. Documents include but are not limited to zoning ordinances, agreements, and/or other physical or electronic documents indicating commitments made by the applicant in the course of the LDO review and approval of the application. If Section 13.03.040, Specific procedures, includes more specific requirements for recording documents, those provisions shall supersede the more general obligations in this Subsection (i)(2).

b.

Prior to the Town's recognition of the subdivision, and prior to the issuance of any Grading or Building Permit or the sale of any lot, the approved Final Plat shall be recorded in the office of the Douglas County Clerk and Recorder. The following shall apply to the recording of subdivision plats and related obligations.

1.

Within one hundred eighty (180) days of approval of the Final Plat, unless stated otherwise in such approval, the applicant shall submit to the Community Development Department one (1) electronic copy of the Final Plat, in a format and level of detail established by the Town, ready for recording (except for Town signatures) and a signed Subdivision Agreement to the Community Development Department. All signatures on the plat shall be in indelible, black ink and ready for recording.

2.

Within one hundred eighty (180) days of approval of the Final Plat, the applicant shall also provide to the Town that financial security required by to Section 13.03.050, Public and private improvements and related financial assurances, and the requirements of the Subdivision Agreement to cover the cost of construction of all required public improvements.

3.

Within 30 days of receipt of all required documents, including appropriate financial security, the Planning Director shall obtain required Town signatures, and record the Final Plat and all related documents.

(3)

Appeals of decisions under the LDO.

a.

Availability and effect of appeals.

1.

Decisions made by the Planning Director or a Town official in the administration of this LDO may be appealed to the Planning Commission and/or Town Council as shown in Table 13.03.A: Summary of Development Procedures.

2.

If Table 13.03.A does not show that the decision may be appealed to the Planning Commission and/or Town Council, appeal may only be taken to the District Court pursuant to Colorado law.

3.

An appeal shall stop or suspend all proceedings in furtherance of the action appealed from including any applicable timelines for Town action and any validity periods for related development and permit applications, unless the Planning Director certifies to the appeal body that a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order of the appeal body or by an order issued by the District Court of Douglas County, with notice to the Planning Director and for due cause shown.

4.

Following the close of the Planning Commission and/or Town Council's consideration of an appeal, the reviewing body may affirm, reverse, or modify in whole or in part the determination, requirement, or decision that is under review. When the Planning Commission or Town Council modifies or renders a decision that reverses a decision, that body will set forth its findings and state its reasons for its action.

5.

Appeals decided by the Planning Commission or Town Council may be subject to review by the courts under Rule 106(A) of the Colorado Rules of Civil Procedure and other applicable rules and statutes.

b.

Who may file an appeal. The applicant, an adjacent property owner, or any agency or officer of the governing body affected by the decision may file an appeal. The appeal shall be filed within ten (10) business days of the decision, unless this LDO states that the decision is not subject to appeal.

c.

Filing an appeal.

1.

All appeals shall be submitted on forms prescribed by the Town and consistent with Section 13.03.030(e), Application submittal and acceptance. Forms are available in the LDO Administrative Manual.

2.

All applications for an appeal shall contain:

a)

An identification of the decision sought to be reviewed, including the date of the decision;

b)

Identification of the status of the person seeking review in relation to the applicant (i.e., applicant, adjacent landowner, owner of record receiving notice); and

c)

The specific criteria, standard or procedure in this LDO that was not applied or followed, or that was applied or followed incorrectly, and shall list the Section or Subsection of this LDO where that criteria, standard or procedure appears.

3.

The file transmitted to the appeal body shall contain:

a)

The application file maintained by the Town;

b)

The staff report, if any, related to the application being appealed;

c)

The evidence submitted at the applicable public hearing, if any;

d)

All exhibits, materials, pleadings, memoranda, stipulations, and motions submitted by the appellant and any other person at the previous public hearing if applicable; and

e)

The transcript of the previous hearing if applicable or a summary of the evidence.

d.

Notice of appeal. If an appeal is timely filed and meets the criteria in Subsections a., b. and c. above, the Planning Director shall provide notice of the date on which the appeal body shall consider the appeal public meeting pursuant to Section 13.03.030(g), Public hearing scheduling and notice.

e.

Criteria for appeal. Appeals shall be decided based on the record of the decision being appealed, and not through de Novo review. In making its decision, the appellate body shall review the evidence from the applicable public hearing and may modify or reverse the decision being appealed if it determines that:

1.

The decision was inconsistent with one or more standard(s) requirement(s), or criteria in this LDO applicable to the decision being appealed; or

2.

The decision was an abuse of discretion.

(4)

Modifications to approvals. No applicant shall make any changes to any document approved by the Town pursuant to this LDO without the prior written approval of the Town. See Sections 13.03.040(c), Administrative adjustment and 13.03.040(j), Major modifications.

(5)

Vested property rights.

a.

Purpose. Pursuant to the provisions of Article XX, Section 6 of the Constitution of the State of Colorado, the electors of the Town have adopted a Home Rule Charter. The law is, and has for many years been, clear and certain that adoption of a Home Rule Charter vests the citizens of a home rule town, and the legislative body of the Town, with the power and authority to enact legislation on matters of purely local concern which legislation preempts and supersedes state legislation as to those matters of purely local concern. Zoning is and has on numerous occasions been declared and confirmed by the Colorado Supreme Court as being a matter of purely local concern. The purpose of this LDO is to state the intent of the Town to guard jealously its rights and powers as a home rule town to enact local zoning and subdivision regulations which supersede and preempt state legislation in the area of zoning and subdivision.

b.

Vested rights. The Town is aware of the passage of Senate Bill 219, codified in Section 24-68-101, C.R.S. The Town rejects the assertion that the subject matter of said Senate Bill 219 is "a matter of statewide concern," and therefore determines that the provisions of Senate Bill 219 are expressly superseded and preempted within the Town by the provisions of this LDO.

c.

Creation of vested rights. No vested right is created within the Town by the approval of any application for Zoning or Rezoning, Site Plan, Framework Plan, Preliminary Plan, Final Plat, or Minor Development Plat. Rather, a vested property right shall be created if the successful applicant, owner or permit holder (expressly provided that approval has been granted and/or a permit has been issued in compliance with all applicable laws, rules and regulations, and not based upon a misrepresentation of fact or a mutual mistake of fact) has taken lawful, reasonable and substantial steps, and has incurred lawful, reasonable and substantial expenses, in justifiable reliance upon the approval or permit. The intent of this provision is to adopt the common law of the estoppel in pais as that doctrine existed on June 30, 1987, as the law of vested property rights within the Town.

d.

Notice regarding vested rights. Ordinances approving requests for zoning/Rezoning of property, and ordinances, resolutions approving plans, plats, Site Plans, or any other required submission, shall contain the following statement: "Approval of this (ordinance, plan, plat, or other applicable term) does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of the Parker LDO."

(a)

Purpose. The purpose of this Section 13.03.040 is to outline the different types of development applications that may be required to develop or redevelop land or to begin or modify a use of land in the Town, along with the specific application procedures, decision-makers, approval criteria, and any conditions that differ from those described in Section 13.03.030, Common review procedures.

(b)

Applicability. For all types of development applications and permits, the common review procedures in Section 13.03.030 shall apply unless modified in this Section 13.03.040.

(c)

Administrative adjustment.

(1)

Applicability. This Section 13.03.040(c), shall apply to applications to modify approved Site Plans, Uses by Special Review, and Planned Development elements as described in this Subsection.

(2)

Specific criteria for approval. In making their decision, the Planning Director must find that all of the following criteria are met:

a.

The adjustment does not impact more than fifteen (15) percent of any element or portion within an approved Planned Development map including land use area boundaries, roadways, alignments, open space tracts, park sites and similar elements (this does not apply to the number of units);

b.

The adjustment:

1.

Involves a change to any element within a Site Plan, including but not limited to landscaping materials, parking layout or striping, site circulation or accessibility, architectural materials or colors or similar elements, provided that such changes do not impact more than fifteen (15) percent of any element or portion of the approved Site Plan or other approval; or

2.

In situations where Subsection 1. above does not apply, the Planning Director determines the change is minor in nature;

c.

The Planning Director determines that any replacement materials and layout are of equal or better quality than those required by the permit or approval being modified;

d.

The adjustment does not significantly change the context, character, or intent of the original or most recent approval;

e.

The adjustment does not violate the standards of this LDO applicable in the zoning district in which the property is located (except for adjustments to Planned Development Elements); and

f.

The adjustment does not violate any applicable local, state, or federal law or any condition attached to a prior LDO approval for the property by the Planning Director or Town Council.

(d)

Annexation and zoning.

(1)

Applicability. This Section 13.03.040(d) shall apply to all concurrent applications to annex land into the Town boundaries and zone that property as required by Town of Parker Home Rule Charter.

(2)

Specific procedures.

a.

Petitions for annexation and for annexation elections shall be filed with the Town Clerk and the Community Development Department. The Town Clerk shall refer the petitions to the Town Council as a communication.

b.

Upon receipt of the petition, the Town Council, without undue delay, may:

1.

Determine that the petitions do not substantially comply with the requirements of Subsection 31-12-107(l)(a), C.R.S., and require that no further action be required;

2.

Determine that the petitions do substantially comply with the requirements of Subsection 31-12-107(l)(a), C.R.S., and require that the Town Council establish by resolution the date, time and place that the Town Council will hold a public hearing not less than thirty (30) days nor more than sixty (60) days after the resolution setting the hearing, unless otherwise required by state law; or

3.

Table any action on the annexation petitions for a period of time not to exceed one hundred eighty (180) days.

c.

If Town Council agrees to consider the annexation petition, the petition shall be accepted, revised, and may be withdrawn pursuant to Section 13.03.030(e), Application submittal and acceptance.

d.

The petition shall be referred to the Planning Commission for a recommendation to Town Council regarding only the proposed zoning of the property. The Planning Commission shall not make a recommendation on the annexation of the land.

(3)

Specific criteria for approval. In making its recommendation or decision, the Planning Commission and Town Council, respectively, must find that all of the following criteria are met:

a.

Annexation. The Town Council may approve the annexation, or approve it with conditions or related Development Agreements or commitments by the petitioner, if it determines that:

1.

All aspects of the Colorado Annexation Act of 1965, as amended, have been met;

2.

The Town or entities approved or to be approved by the Town pursuant to any agreement with the petitioner will be able to provide services to the area to be annexed necessary to protect public health and safety of the residents of that area without undue burden to existing residents of the Town; and

3.

The annexation will otherwise promote the health, safety, and welfare of the residents of the Town.

b.

Zoning.

The Planning Commission shall make a recommendation, and the Town Council shall make a decision on the proposed zoning of the property proposed for annexation based on the criteria in Section 13.03.040(n)(3), Specific criteria for approval.

(e)

Floodplain development permit.

(1)

Applicability. This Section 13.03.040(e) shall apply to all construction or development within any area of special flood hazard as defined in Section 13.08.040(a), Floodplain regulations.

(2)

Specific criteria for approval. In making their decision, the Floodplain Administrator must find that all of the following criteria are met:

a.

Properties removed from the floodplain by fill. A Floodplain Development Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F), unless such new structure or addition complies with the following:

1.

Residential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork) shall be elevated to two (2) feet above the base flood elevation that existed prior to the placement of fill.

2.

Nonresidential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities (including ductwork) shall be elevated to two (2) feet above the base flood elevation that existed prior to the placement of fill or, together with attendant utility and sanitary facilities, be designed so that the structure or addition is watertight to at least two (2) feet above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads or effects of buoyancy.

(f)

Floodplain development variance.

(1)

Applicability. This Section 13.03.040(f) shall apply to all requests for Variances from the requirements of Section 13.08.040(a), Floodplain regulations.

(2)

Specific procedures.

a.

Notice. Any applicant to whom a Variance is granted shall be given written notice that the structure shall be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation.

(3)

Specific criteria for approval. In making its recommendation or decision, the Planning Commission and Town Council, respectively, must find that all of the following criteria are met. The criteria in Section 13.03.040(x)(2) shall not apply to this procedure.

a.

Small lots. A Floodplain Variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the following criteria are met:

1.

There is no danger that materials may be swept onto other lands to the injury of others;

2.

There is no danger to life and property due to flooding or erosion damage;

3.

The proposed facility and its contents are not susceptible to flood damage and the effect of such damage on the individual owners;

4.

The services provided by the proposed facility are a benefit to the community;

5.

The facility is necessary to a waterfront location, where applicable;

6.

There are not alternative locations available for the proposed use that are not subject to flooding or erosion damage;

7.

The proposed use is compatible with the existing and anticipated development;

8.

The proposed use meets the intent of the Master Plan and floodplain management program for that area;

9.

There is safe access to the property in times of flood for ordinary and emergency vehicles;

10.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site will not create threats to public health or safety greater than those that would be experienced if the Variance were not granted; and

11.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges are not materially increased from those that would be experienced if the Variance were not granted.

b.

Historic resources. A Floodplain Variance may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the Variance is the minimum necessary to preserve the historic character and design of the structure.

c.

General.

1.

The Floodplain Variances is the minimum necessary, considering the flood hazard, to afford relief to the applicant.

2.

Failure to grant the Floodplain Variance would result in exceptional hardship to the applicant; and

3.

The Floodplain Variance will not result in increased flood heights, increase in the flood levels during the base flood discharge in any designated floodway, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(g)

Framework plan for a site plan.

(1)

Purpose. The purpose of the Framework Plan for a Site Plan is to provide a conceptual layout and design (minimum of ten (10) percent) to evaluate the feasibility of the proposed development including:

a.

Vehicular and bicycle connectivity;

b.

The location of geologic hazards, environmentally sensitive areas, and wildlife habitat areas;

c.

Ability to conform with the zoning; and

d.

Ability to conform with the LDO and Development Design Standards.

(2)

Applicability. This Section 13.03.040(g) shall apply to each of the following, unless the Planning Director waives the requirement to provide a Framework Plan based on the size, scope, and unique characteristics of the project:

a.

Each proposal for Zoning or Rezoning that contains more than five (5) contiguous acres of land; or

b.

Each proposed Site Plan that is designed to accommodate, or that the Planning Director determines may in the future accommodate, multiple primary buildings.

(3)

Specific criteria for approval. In making its decision, the Planning Director must find that all of the following criteria are met:

a.

The Framework Plan for a Site Plan shall be organized and designed to comply with zoning and this LDO; and

b.

The Framework Plan for a Site Plan shall be organized and designed to comply with all prior approvals and agreements with the Town related to the property.

(h)

Historic preservation procedures.

(1)

Purpose. The purpose of this Section 13.03.040(h) is to:

a.

Designate, preserve, protect, and enhance historic resources (buildings, structures, sites, and objects) which reflect significant elements of the Town's cultural, social, economic, political, architectural, historical, archaeological, ethnographical, or other heritage;

b.

Lend credence to and support efforts to safeguard the Town's historical and cultural heritage as embodied and reflected in such historic resources;

c.

Foster civic pride in the accomplishments of the past and increase public appreciation of the Town's unique heritage;

d.

Protect and enhance the Town's attraction to residents, tourists, and visitors;

e.

Serve as a support and stimulus to business and industry by recognizing the value of historic resources;

f.

Promote the use of historic resources for the education, pleasure, and welfare of the people of the Town; and

g.

Encourage the restoration and adaptive reuse of historic properties.

(2)

Historic landmark alteration, relocation, or demolition.

a.

Applicability. This Section 13.03.040(h)(2) shall apply to applications to alter, relocate, or demolish a designated landmark or a property that has been identified as a potential landmark.

b.

Specific procedures. The application shall be reviewed and decisions made pursuant to the procedure in Section 13.03.040(p), Site plan, except that:

1.

The Planning Director may defer the issuance of the permit approving the alteration, relocation, or demolition of the property to allow time to contact the property owner to discuss opportunities for an adaptive reuse and to complete documentation of the historic characteristics of the resource.

2.

Documentation of an historic resource shall be completed by the Planning Director within thirty (30) days of notice to the property owner of the deferral of the permit, and shall include detailed photographs, notes and drawings accurately recording the exterior design, character of interiors, finishes and general structural system. Reference measurements shall be included of overall building dimensions, setbacks, and relation to adjacent buildings.

3.

The specific criteria in Subsection c. below shall apply to the decision.

c.

Specific criteria for approval. In making their decision, the Planning Director must find that all of the following criteria are met:

1.

Any alteration or relocation of the historic resource is consistent with the purposes of this Section 13.03.040(h) and preserves those historic features that were documented at the time the property was designated as a landmark, to the maximum extent practicable; or

2.

Any demolition of the historic resource is justified by the fact that those historic features that were documented at the time of designation as a landmark no longer exist or are being incorporated into or recognized in any redevelopment of the property.

(3)

Historic landmark designation.

a.

Applicability. This Section 13.03.040(h)(3) shall apply to an application for the designation of a historic resource as a Parker landmark.

b.

Specific procedures.

1.

Marking. Following a successful landmark designation, the designated property shall be marked appropriately as approved by the Planning Director.

2.

Specific criteria for approval. In making its recommendation or decision, the Planning Commission and Town Council, respectively, must find that all of the following criteria are met. A resource (building, structure, site, or object) may be designated a Parker landmark if it meets at least one criterion in two or more of the following three categories (history, architecture, geography):

a)

History. To have historical significance, the resource shall be fifty (50) or more years old or have extraordinary importance to the historical development of the Town and shall:

1)

Have direct association with the historical development of the Town, state, or nation;

2)

Be the site of a significant historic event; or

3)

Have direct and substantial association with a person or group of persons who had influence on society.

b)

Architecture. To have architectural significance, the resource shall have historic integrity and shall:

1)

Embody distinguishing characteristics of an architectural style or type;

2)

Be a significant example of the work of a recognized architect or master builder; or

3)

Contain elements of architectural design, engineering, materials, craftsmanship or artistic merit which represent a significant or influential innovation.

c)

Geography. To have geographical significance, the resource shall:

1)

Have a prominent location or be an established, visual feature of the community;

2)

Promote understanding and appreciation of the Town's historical environment by means of distinctive physical characteristics or rarity; or

3)

Make a special contribution to the Town's distinctive character.

(4)

Historic landmark designation removal.

a.

Applicability. This Section 13.03.040(h)(4) shall apply to applications to remove the designation of a landmark.

b.

Specific procedure. The designation of a landmark may be removed in the same manner as the original designation was made under the provisions of Subsection (3) above.

c.

Specific criteria for approval. In making its recommendation or decision, the Planning Commission and Town Council, respectively, must find that one or more of the following criteria are met:

1.

The landmark has been removed from the designated site;

2.

The landmark has been demolished; or

3.

The landmark has been altered such that it no longer meets the purposes and standards of the designation criteria.

(5)

Unsafe or dangerous condition exempted. Nothing in this Section 13.03.040(r)(h) shall be construed to prevent any measures of construction, alteration, removal or demolition necessary to correct the unsafe or dangerous condition of any structure where such condition is declared unsafe or dangerous by the Chief Building Official.

(6)

Legal and economic effects of designation. The Parker landmark designation is an honorary recognition only; it imposes no zoning or other regulatory restrictions or controls over a designated property beyond those set forth in this Section (h). Conversely, historic resources placed on the National Register of Historic Places or the State Register of Historic Properties may result in limitations and restrictions in the use or modification of those resources.

(i)

LDO adoption or amendment.

(1)

Applicability. This Section 13.03.040(i) shall apply to the adoption of, and all amendments to this LDO.

(2)

Specific procedures.

a.

All LDO amendments shall be adopted by ordinance, if approved.

b.

Amendments to this LDO may be proposed by Town staff, the Planning Commission, or the Town Council in order to reflect trends in development or regulatory practices; expand, modify, or add requirements for development in general or to address specific development issues; to add, modify or expand zoning districts; or to clarify or modify procedures for processing development applications.

(j)

Major modification.

(1)

Applicability. This Section 13.03.040(j) shall apply to applications to modify approved plans, Site Plans, Uses by Special Review and Planned Development elements that do not meet the criteria of Section 13.03.040(c), Administrative Adjustment.

(2)

Specific procedure. The application shall be processed pursuant to the same procedures used for the initial approval of the type of application being modified as shown in Table 13.03.A: Summary of Development Procedures.

(3)

Specific criteria for approval. In making its recommendation or decision, the Planning Commission and Town Council, respectively, must find that all of the criteria used for the initial approval of the type of application being modified as shown in Table 13.03.A: Summary of Development Procedures are met.

(k)

Master Plan adoption or amendment.

(1)

Applicability. This Section 13.03.040(k) shall apply to the adoption of, and all amendments to, the Master Plan.

(2)

Specific procedures.

a.

Amendments to the Master Plan may be proposed by property owners, the Town, the Planning Commission, or the Town Council in order to reflect changing community needs, development conditions, or regulatory practices.

b.

If a Master Plan Amendment is related to another development application, the amendment shall be processed simultaneously with the applicable related land use process, and the Town Council shall consider both matters together.

c.

If the related land use process may be decided by the Planning Director, the Planning Director's administrative decision shall not become final unless and until the Town Council has approved or approved with conditions the related Master Plan amendment.

(3)

Specific criteria for approval. In making its recommendation or decision, the Planning Commission and Town Council, respectively, must find that all of the following criteria are met. The proposed Master Plan or Master Plan Amendment:

a.

Promotes the long term economic, social, and environmental health of the Town;

b.

Protects the public health, safety, and welfare of the citizens of Parker;

c.

Will not place an undue burden on transportation or other public facilities in the area;

d.

If the amendment related to the general land use plan, the proposed amendment shall be consistent with the visions, goals, strategies, and guiding principles as set forth in the Town's Master Plan; and

e.

If the amendment relates to a specific property or group of properties, potential material negative impacts of the property whose designation is proposed to be changed can be mitigated through application of standards, procedures, and approval criteria in this LDO during later stages of the development process.

(l)

Planned sign program.

(1)

Purpose.

a.

A Planned Sign Program is a site-specific, written and visual document that allows for flexibility from certain standards and restrictions in Chapter 13.09, Sign Code, in exchange for increased creativity of sign design or development of a consistent theme within a commercial, office, industrial, or mixed-use development after completing a more comprehensive design review process.

b.

The Planned Sign Program may also be used to accommodate irregular site shapes (that are typically characterized by narrow lot frontages, resulting in some buildings with extraordinarily large setbacks and limited visibility to a public street), or to accommodate signs on more than one contiguous lot and/or tract.

c.

Except as set forth below, it is not the intent of these provisions to alter the allowed sign area for any residential or nonresidential use, or to regulate the content of any sign in any manner prohibited by state or federal law.

(2)

Applicability. This Section 13.03.040(l) applies when the owner of any property, or the owners of more than one contiguous lot or tract, files an application to modify certain sign standards for residential or nonresidential uses in the following ways:

a.

To modify any of the standards and requirements for all permanent signs set forth in Section 13.09.030, including but not limited to construction materials, building facades on which a sign may be placed, and other requirements;

b.

To modify the design standards and requirements for signs set forth in Chapter 13.09, Sign Code with respect to setbacks and minimum and maximum heights; and

c.

To reallocate sign area allowed pursuant to Chapter 13.09, Sign Code on individual parcels to apply across some or all of the parcels subject to the Planned Sign Program.

(3)

Specific procedures.

a.

Limits on flexibility. A Planned Sign Program shall not adjust any required sign setback or minimum or maximum sign height by more than 25 percent of the amounts in Chapter 13.09, Sign Code.

b.

Effect of approval. An approved Planned Sign Program shall supersede the requirements in Chapter 13.09, Sign Code for signs included in the Planned Sign Program. All signs erected or maintained within the structure or property shall conform at all times to the Planned Sign Program. Any deviations from an approved Planned Sign Program shall be unlawful unless and until a revised Planned Sign Program is amended or approved pursuant to this Section. A Planned Sign Program may not be varied pursuant to Section 13.03.040(x), Variance.

c.

Sign permit required. No signs may be constructed pursuant to a Planned Sign Program before obtaining approval of a Sign Permit pursuant to Section 13.03.040(o).

d.

Additional information. If the Planning Director determines that an existing Planned Sign Program does not include all information required by this LDO or the Development Procedures Manual, or required to confirm compliance with the approved Planned Sign Program, the applicant shall provide such additional information within 90 days after receiving notice of such deficiencies from the Town.

e.

Amendment. Modifications or amendments to an approved Planned Sign Program may be requested and approved pursuant to the procedure for new Planned Sign Programs set forth in this Section 13.03.040(l).

(4)

Specific criteria for approval. In making its decision, the Planning Director must find that all of the following criteria are met:

a.

Sight distances. The proposed signs shall not interfere with required sight distances as established in the LDO and the Roadway Design and Construction Criteria Manual, or as otherwise determined by the Town.

b.

Safety. The proposed signs shall not provide a safety or security hazard to pedestrians, drivers, or the general public, and shall not interfere with pedestrian and bicycle movements.

c.

Trash and graffiti. The proposed signs shall be designed to minimize graffiti and vandalism and shall be designed to minimize the accumulation of trash and litter on the site.

d.

Scale. The proposed signs, both individually and in the aggregate, shall be proportional to the building size and massing, relevant to both buildings within the parcel subject to the Planned Sign Program and the neighborhood context.

e.

Architectural features. The proposed signs shall complement the architectural style, character, materials, color, and detail of adjacent building.

f.

No content regulation. No condition attached to the approval of any Planned Sign Program shall include any form of content regulation prohibited by state or federal law.

(m)

Preliminary determination of stream buffer boundaries.

(1)

Purpose. The purpose of this Section 13.03.040(m) is to allow property owners to obtain a preliminary determination of stream buffer boundaries that will comply with the purposes and standards in Section 13.08.040(c), Stream protection standards, before making significant investments in development design.

(2)

Applicability. This Section shall apply to the determination of stream buffer boundaries before an applicant invests significant resources in site planning and development preparation.

(3)

Specific procedures.

a.

At any time, a landowner or applicant may request that the Planning and Engineering/Public Works Departments provide a preliminary determination of the stream buffer boundaries, if any, on a specific property. The landowner or applicant shall submit any relevant topographical or drainage maps of the property, or any other site-specific hydrologic information, for the Department to consider in its determination.

b.

The Planning and Engineering/Public Works Directors shall inspect the subject property and make a preliminary determination of the stream buffer boundaries on the property, if any, based on the specific criteria in Section 13.03.040(m)(4), below. If necessary, the Town may retain the services of a floodplain engineer to make the preliminary determination, and the costs of that engineering assistance shall be paid by the applicant.

(4)

Specific criteria for approval. In making their decision, the Planning and Engineering/Public Works Directors must find that all of the following criteria are met:

a.

Protection of the watercourse is consistent with the purpose of the stream protection standards in Section 13.08.040(c), including but not limited to the protection of wildlife habitat, preservation of important vegetative communities, provision of open space and preservation of water quality.

b.

As applicable, the Town determines that protection of the watercourse is necessary to preserve and protect a significant historical or cultural resource.

c.

The Town's determination shall be based on the best available information at the time of the request. The Town may modify or change its preliminary determination only if new and substantial information is subsequently discovered that was not available at the time the preliminary determination was made.

(n)

Rezoning.

(1)

Applicability. This Section 13.03.040(n) shall apply to:

a.

All applications to amendments to the Zoning Map, including but not limited to applications to create a Planned Development zoning district; and

b.

All applications to amend a Planned Development zoning district.

(2)

Specific procedures.

a.

The Town may adopt a new Zoning Map or amend the current Zoning Map in accordance with applicable laws, rules, and regulations.

b.

Each application for a Rezoning of a parcel containing more than ten (10) acres of land shall be accompanied by a Framework Plan meeting the requirements of Section 13.03.040(g), Framework plan for a site plan, unless the Planning Director determines that a Framework Plan is not necessary based on the proposed layout and potential impacts of the Rezoning.

c.

Each approved Rezoning shall be adopted by ordinance. If the property is rezoned to Planned Development, a Development Plan and Guide shall be attached to the ordinance.

d.

For properties in the Planned Development zoning district, if no Preliminary Plan, Final Plat, or Minor Development Plat has been approved by the Town Council or no public improvements have been constructed or secured within three (3) years of the Effective Date of the ordinance approving Planned Development zoning, the Town Council may entertain a motion to rezone all or part of the land included in the Planned Development zoning to any LDO zoning district allowing development of the property consistent with the Master Plan, with or without the consent of the property owner(s), using the procedure in Section 13.03.040(n), Rezoning.

(3)

Specific criteria for approval. In making its recommendation or decision, the Planning Commission and Town Council, respectively, must find that all of the following criteria are met:

a.

There has been a significant change in the area surrounding the property since the date of the existing zoning;

b.

The application is consistent with the Master Plan;

c.

There is a need for the type of development enabled by or proposed in connection with the Rezoning;

d.

The ground to be rezoned is the correct size, topography, and site for the proposed development;

e.

Adequate pedestrian, bicycle, and vehicular access and circulation routes exist to serve the proposed development, and any material adverse impacts on traffic circulation near the property will be mitigated to the maximum extent practicable;

f.

The proposed development will not create material environmental impacts on the surrounding area or the Town as a whole, or demonstrates the mitigation of environmental impacts to the maximum extent practicable;

g.

Additional municipal service costs will not be incurred which the Town is not prepared to meet;

h.

There is adequate waste and sewage disposal, water, schools, parks and recreation, and other services to serve the proposed development, or the applicant has agreed to provide any additional required capacity;

i.

The change is necessary to correct a clerical or drafting error in the current Zoning Map; and

j.

If the Rezoning is accompanied by a Framework Plan, those plans meet the criteria for approval in Section 13.03.040(g)(3), respectively, unless the Town Council determines that one or more of those criteria are inapplicable to the proposed development.

(o)

Sign permit or temporary sign registration.

(1)

Applicability. This Section 13.03.040(o) shall apply to all signs requiring a Sign Permit or registration under Chapter 13.09, Sign Code.

(2)

Specific procedures.

a.

Temporary signs.

1.

All temporary signs must be registered with the Community Development Department prior to being displayed, except for those described in Subsection 2. below. The Community Development Department will maintain an electronic registry of all temporary signs.

2.

Registration of temporary signs will not be required between October 1 and November 15 of each calendar year. During such period, temporary signs will be required to conform in all other respects to the provisions of Chapter 13.09, Sign Code.

b.

Permanent sign inspection. Because of the potential hazard to the public resulting from poorly constructed or installed signs, all signs shall be inspected by the Building Division.

c.

Review periods for some applications. Where the application concerns a land use or facility for which regulations of the federal government or decisions of state or federal courts require a decision within a stated time period, the application shall be reviewed and decided upon within 60 days of the date the completed application was filed.

(3)

Specific criteria for approval. In making their decision, the Planning Director must find that all the relevant standards listed in Section 13.09.020(f), Permit required, are met.

(p)

Site plan.

(1)

Applicability. This Section 13.03.040(p) shall apply to all applications for new site development, except improvements on a single-family detached or duplex lot. It does not apply to amendments to existing site development approvals, which are addressed in Sections 13.03.040(c), Administrative adjustment and 13.03.040(j), Major modifications.

(2)

Specific procedures.

a.

Platting requirements. No Site Plan may be approved prior to the platting of the subject property. A Final Plat or Minor Development Plat may be submitted simultaneously with the proposed Site Plan.

b.

Multifamily Condominium Plat requirements. Any application for condominium multifamily dwellings shall submit an Initial Condominium Plat prior to certificate of occupancy for each building that contains dwelling units. If the Site Plan for multifamily dwelling(s) is approved or approved with conditions, the applicant may then convert the Initial Condominium Plat into a Condominium Plat that will allow for the sale of individual units upon compliance with Section 13.03.040(q)(3). An Initial Condominium Plat shall comply with the requirements of Section 13.03.040(q)(3), Condominium plat, except that the Initial Condominium Plat does not need to be recorded.

c.

Town-owned land or facilities. If a Site Plan application is for land or public facilities owned by the Town, the Planning Commission shall review the application and shall forward its recommendation to the Town Council pursuant to Section 13.03.030(h)(5),

d.

Conditional upon subdivision approval. Upon approval by the Planning Director or Town Council, as applicable, an approval of the Site Plan application may be made conditional upon the final approval of the Final Plat or Minor Development Plat.

e.

No Certificate of Occupancy prior to approval. No Certificate of Occupancy, temporary or otherwise, will be issued until all improvements approved as part of the Site Plan have been completed unless authorized by another Section of this LDO.

(3)

Specific criteria for approval. In making their recommendation or decision, the Planning Commission and Town Council or the Planning Director, respectively, must find that all of the following criteria are met:

a.

The Site Plan shall be organized and designed to comply with zoning and this LDO;

b.

The Site Plan shall be organized and designed to comply with all prior approvals and agreements related to the property, including without limitation any Framework Plan for a Site Plan applicable to the property;

c.

Adequate pedestrian, bicycle, and vehicular access and circulation routes exist to serve the proposed development, and any material adverse impacts on multi-modal traffic circulation near the property will be mitigated to the maximum extent practicable;

d.

The proposed development will not create material adverse environmental impacts on the surrounding area, or any material adverse environmental impacts have been mitigated to the maximum extent practicable; and

e.

The proposed development will not create other material adverse impacts on the surrounding area, or any material adverse impacts have been mitigated to the maximum extent practicable.

(q)

Subdivision procedures.

(1)

Applicability.

a.

This Section 13.03.040(q) shall apply to all subdivisions of land in any zoning district located within the jurisdiction of the Town, except as stated in Subsection b., below.

b.

The Town Council may, pursuant to rules and regulations or resolution, exempt from the definition of the term subdivision and subdivided land any division of land if the Council determines that such division is not within the purposes of Section 13.08.030, Subdivision standards, or that the proposed division of land affects only Town-owned land and is for a public purpose.

c.

The Planning Director shall review any Town request for exemption from subdivision review and approval procedures on the basis stated in Subsection b. and shall make a recommendation to Town Council, prior to consideration of the request by the Town Council.

d.

It is unlawful to record any plat in any public office that has not been approved by the Town pursuant to this Section 13.03.040(q).

(2)

General requirements.

a.

Description of the subdivision process.

1.

Framework plan for a subdivision.

a)

The three (3) steps required to obtain approval of a subdivision are:

1)

Framework Plan for a subdivision—The review of the feasibility of the project including conceptual design, legal ability to obtain water and sanitation, location of geologic hazards, identification of environmentally sensitive areas and wildlife habitat areas, locations of parks, schools and open space, source of required services, vehicular and pedestrian circulation, and conformance with the Master Plan and zoning requirements;

2)

Preliminary Plan—A review of preliminary lot and block locations, street and circulation infrastructure, parks and open spaces, and technical engineering reports and plans; and

3)

Final Plat—A review of all final engineering and construction plans, execution of Subdivision Agreements, provision of a letter of credit or cash to secure the construction of the public improvements described in the Subdivision Agreement, and other legal requirements.

2.

Subdivision process.

a)

Early steps in the subdivision process require a lower level and design and engineering, but each later step requires an increased level of required design and engineering. This allows design and engineering to be completed incrementally in order to avoid requiring the applicant to make major redesigns and incur potentially unnecessary expenses when full designs are submitted early in the process.

b)

Approval at any step in the subdivision process does not ensure approval at the next step.

c)

The Framework Plan for a proposed subdivision shall be reviewed and approved prior to submittal of the Preliminary Plan. The Preliminary Plan may be combined with the Framework Plan with the approval of the Planning Director based on based upon the proposed subdivision design, size, required public facilities, infrastructure and services, access, and transportation network.

d)

The Final Plat shall not be submitted until the Preliminary Plan has been approved.

e)

All provisions of Section 13.03.030(i)(2), Recording, shall apply.

b.

Inactive subdivisions.

1.

Any subdivision which has received approval by the Town Council for more than three (3) years and for which no public improvements have been constructed or secured within the boundaries of the subdivision, shall be required to submit an amended plat which complies with the requirements of this LDO in effect at the time of the amendment, and with the required Subdivision Agreement. No Building Permits shall be issued until the plat amendment and new Subdivision Agreement have been approved by the Town Council.

2.

Any subdivision which has received approval by the Town Council for less than three (3) years and for which no public improvements have been completed or secured within the boundaries of the subdivision, shall be required to submit and receive Town Council approval of a new Subdivision Agreement prior to the issuance of any Building Permits.

(3)

Condominium plat.

a.

Applicability. This Section 13.03.040(q)(3) shall apply to the creation of Condominium Plats that provide for individual airspace units within a building or buildings and related common elements.

b.

Specific procedures.

1.

General. Detailed requirements for preparation and approval of a Condominium Plat are found in the LDO Administrative Manual.

2.

Recording. Following approval, the provisions of Section 13.03.030(i)(2), Recording, shall apply.

c.

Specific criteria for approval. In making their decision, the Planning Director must find that all of the following criteria are met:

1.

The Condominium Plat shall comply with all requirements of the Colorado Common Interest Ownership Act;

2.

The Condominium Plat shall be consistent with the approved plat and site plan;

3.

The Condominium Plat shall be consistent with any agreement between the property owner or developer and the Town regarding the ownership and management of the property; and

4.

The Condominium plat shall reflect existing locations of any constructed walls in the primary building and any accessory buildings covered by the Condominium Plat.

(4)

Final Plat.

a.

Applicability. This Section 13.03.040(q)(4) shall apply to any division of land that results in the creation of five (5) or more lot, parcels, or tracts for single-family detached, attached, or duplex dwellings.

b.

Specific criteria for approval. In making their decision, the Planning Director must find that all of the following criteria are met:

1.

The Final Plat shall be substantially consistent with the approved Preliminary Plan;

2.

No Final Plat shall be approved if the applicant is in default of a previous approval or agreement with the Town;

3.

No Final Plat shall be approved until a Subdivision Agreement and/or other agreements have been executed by the applicant on a form(s) approved by the Town Council and those agreements have been approved by the Planning Director and the Director of Engineering/Public Works;

4.

No Final Plat shall be approved until any financial guarantees required by the Town have been executed by the applicant on a form(s) approved by the Town Attorney and those financial guarantees have been approved by the Planning Director and the Director of Engineering/Public Works;

5.

No Final Plat shall be approved until all applicable requirements for public dedication of land and improvements have been satisfied, including confirmation to the satisfaction of the Planning Director that required land dedications for schools to the Town, School District, or other entity have occurred or will occur in a timely manner; and

6.

No Final Plat shall be approved until all ad valorem taxes applicable to the land included in the plat have been paid for all years prior to the year in which the plat is approved.

(5)

Framework plan for a subdivision.

a.

Purpose. The purpose of a Framework Plan in the context of a proposed subdivision of land is to ensure that the proposed basic layout of lots, blocks, streets, parks and open spaces is consistent with the Master Plan, other adopted plans, and the zoning district(s) in which the property is located, without requiring the applicant to complete or submit engineering, architectural, or technical studies or plans, and to give the applicant an opportunity to revise the plan for division of land before significant technical, engineering, or architectural expenses have been incurred.

b.

Applicability.

1.

This Section 13.03.040(q)(5) shall apply to any division of land that results in the creation of five (5) or more lots, parcels, or tracts for single-family detached, attached, or duplex dwellings; and

2.

Each proposed Minor Development Plat that includes more than three (3) lots.

c.

Specific criteria for approval. In making their decision, the Planning Director must find that all of the following criteria are met:

1.

The Framework Plan for a subdivision demonstrates that proposed street circulation systems will generally comply with the mobility and circulation goals of the Master Plan and will provide adequate connections into adjacent properties and the Town street system; and

2.

The Framework Plan for a subdivision demonstrates that proposed open space and storm drainage systems will generally comply with the goals and objectives of the Master Plan and are generally located to provide contiguity with those on adjacent properties where required by a Town adopted plan.

(6)

Minor development plat.

a.

Applicability.

1.

This Section 13.03.040(q)(6) shall apply to:

a)

The creation of lots, parcels, and tracts of land for nonresidential uses and multifamily dwellings; and

b)

Any division of land that results in the creation of four (4) or fewer lots, parcels, or tracts for single-family detached, attached, or duplex dwellings, unless the Planning Director determines that additional lots may be created, based on design, size, available public facilities, services, access, and available transportation network, up to a maximum of ten (10) lots.

2.

If it is determined that the applicant is using the Minor Development Plat process to circumvent the subdivision process, including but not limited to the submittal of multiple contiguous Minor Development Plats, the applicant shall be required to comply with the Framework Plan, Preliminary Plan and Final Plat processes.

b.

Specific criteria for approval. In making their decision, the Planning Director must find that all of the following criteria are met:

1.

The Minor Development Plan shall be consistent with the Master Plan;

2.

The Minor Development Plat shall be consistent with any approved Framework Plan for the property;

3.

The Minor Development Plat complies with the standards and requirements of this LDO;

4.

The Minor Development Plat complies with all Town adopted regulations regarding the provision of infrastructure or public facilities, or regarding the protection of public health and safety, to the degree this can be determined at the seventy (70) percent level of construction detail for the required infrastructure or public facilities;

5.

The Minor Development Plat is consistent with the zoning for the property;

6.

The Minor Development Plat mitigates material adverse impacts on adjacent land uses to the maximum extent practicable.

7.

No Minor Development Plat shall be approved it if creates a nonconforming lot or increases the degree of nonconformity for an existing nonconforming lot;

8.

No Minor Development Plat shall be approved if the applicant is in default of a previous approval or agreement with the Town;

9.

No Minor Development Plat shall be approved until a Subdivision Agreement and/or other agreements required by the Town have been executed on a form(s) approved by the Town Council and those agreements have been approved by Planning Director and the Director of Engineering/Public Works;

10.

No Final Plat shall be approved until any financial guarantees required by the Town have been executed by the applicant on a form(s) approved by the Town Attorney and those financial guarantees have been approved by the Planning Director and the Director of Engineering/Public Works;

11.

No Minor Development Plat shall be approved until all applicable requirements for public dedication of land and improvements have been satisfied; and

12.

No Minor Development Plat shall be approved until all ad valorem taxes applicable to the land included in the plat have been paid for all years prior to the year in which the plat is approved.

(7)

Plat correction.

a.

Applicability. This Section 13.03.040(q)(7) shall apply to corrections to a recorded plat due to errors or omissions.

b.

Specific criteria for approval. In making their decision, the Planning Director must find that all of the following criteria are met:

1.

The requested replat is only to correct technical errors in a recorded Final Plat, including but not limited to technical errors in legal description of the property or easements or in acknowledgement or signature blocks; and

2.

All owners of property interests affected by the error or all departments and agencies affected by the error agree that the error was technical in nature.

(8)

Preliminary Plan.

a.

Purpose. The purpose of the Preliminary Plan is to:

1.

Review the engineering design and subdivision layout documents at a seventy (70) percent level of construction detail to determine if the subdivision can comply with all technical requirements, design standards and improvement requirements; and

2.

Determine if the plan complies with zoning requirements, circulation patterns, desired open space and other applicable plans, standards, and regulations in order to plan road connections, open space connections, adequate park facilities and utility extensions for a larger area surrounding the property.

b.

Applicability. This Section 13.03.040(q)(8) shall apply to any division of land that results in the creation of five (5) or more lots, parcels, or tracts for single-family detached, attached, or duplex dwellings.

c.

Specific procedures. The Preliminary Plan shall be submitted within one year of the approval of any required Framework Plan. The Planning Director may grant one extension of up to one year if the inability to submit the Preliminary Plan was due to circumstances beyond the control of the applicant or the holder of the Framework Plan approval.

d.

Specific criteria for approval. In making its recommendation or decision, the Planning Commission or Town Council, respectively, must find that all of the following criteria are met:

1.

The Preliminary Plan shall be consistent with the Master Plan;

2.

The Preliminary Plan shall be consistent with any approved Framework Plan for a Subdivision for the property;

3.

The Preliminary Plan complies with the standards and requirements of this LDO;

4.

The Preliminary Plan complies with all Town adopted regulations regarding the provision of infrastructure or public facilities, or regarding the protection of public health and safety, to the degree this can be determined at the seventy (70) percent level of construction detail;

5.

The Preliminary Plan is consistent with the zoning for the property; and

6.

The Preliminary Plan mitigates material adverse impacts on adjacent land uses to the maximum extent practicable.

(9)

Replat.

a.

Applicability.

1.

This Section 13.03.040(q)(9) shall apply to all changes to a recorded plat, including, but not limited to the replat of a lot or tract, the adjustment or vacation of a lot line, and the vacation of a plat that does not involve changes of rights-of-way or easements and excluding technical corrections as outlined in Section 13.03.040(q)(7), Plat correction.

2.

All other proposed changes to a recorded plat, including but not limited to any proposed change that includes a redesign of streets or blocks and any proposed change that the Planning Director determines may create material adverse impacts on the Town or any surrounding property, shall be processed pursuant to the Preliminary Plan and Final Plat process or the Minor Development Plat processes in Sections 13.03.040(q)(8), 13.03.040(q)(4), and 13.03.040(q)(6), respectively, as determined by the Planning Director.

b.

Specific criteria for approval. In making their decision, the Planning Director must find that all of the following criteria are met:

1.

The Replat does not involve changes to any rights-of-way or easements; and

2.

The Replat does not create material adverse impacts on the Town or any surrounding property or those impacts have been mitigated to the maximum extent practicable.

(10)

Street name change.

a.

Applicability. This Section 13.03.040(q)(10) shall apply to requests for a street name change.

b.

Specific procedures.

1.

When the request for a street name change is made by the Community Development Department, the Fire Protection District or Douglas County, the Planning Director may approve the street name change. If approved, a plat correction certificate shall be filed in compliance with Section 13.03.030(i)(2), Recording.

2.

When the request for a street name change is made by an applicant other than the Community Development Department, the Fire Protection District or Douglas County and no addresses have been assigned, the Planning Director, after consultation with the Fire Protection District and Douglas County, may approve the request for street name change. If approved, a plat correction certificate shall be filed in compliance with Section 13.03.030(i)(2), Recording.

3.

When the request for a street name change is made by an applicant other than the Community Development Department, the Fire Protection District or Douglas County and addresses have been assigned, the applicant shall notify all affected individuals by certified mail and the request shall be heard at a public hearing before the Town Council. The Town Council may adopt an ordinance officially changing the name of the street. The ordinance shall be recorded in compliance with Section 13.03.030(i)(2), Recording, upon obtaining the signature of the Mayor after the effective date of the ordinance.

c.

Specific criteria for approval. In making their decision, the Planning Director or Town Council must find that all of the following criteria are met:

1.

The proposed street name shall not duplicate any existing road name in Douglas County;

2.

The proposed street name is not misleading through reference to a known local landmark or location that is not accessed by or near the street; and

3.

The proposed change of street name will not create confusion among or undue hardship to residents using the street as access to their place or residence or business.

(11)

Vacation of easements or rights-of-way.

a.

Vacation of platted easements not owned by the Town.

1.

Applicability. This Section 13.03.040(q)(11)a shall apply to all platted easements not owned by the Town.

2.

Specific procedures.

a)

Prior to submittal of any application to vacate easements not owned by the Town, the applicant shall submit documentation of support/approval for such vacation from the easement holder.

b)

The easement to be vacated shall be vacated by subdivision plat.

c)

The vacation shall be processed pursuant to Replat process in Section 13.03.040(q)(9), but subject to the specific criteria for approval listed in Subsection 3. below.

3.

Specific criteria for approval. In making its decision, the Town Council must find that all of the following criteria are met:

a)

No vacation shall be approved if the applicant is in default of a previous approval or agreement with the Town;

b)

No vacation shall be approved until all applicable requirements for public dedication or land and improvements have been satisfied; and

c)

No vacation shall be approved until all ad valorem taxes applicable to the land included in the plat have been paid for all years prior to the year in which the plat is approved.

b.

Vacation of platted Town easement.

1.

Applicability. This Section 13.03.040(q)(11)b shall apply to all vacations of platted Town easements or portions of platted Town easements.

2.

Specific procedures. The Town easement to be vacated shall be processed pursuant to Replat process in Section 13.03.040(q)(9), but subject to the specific criteria for approval listed in Subsection 3. below.

3.

Specific criteria for approval. In making their decision, the Planning Director must find that all of the following criteria are met:

a)

No vacation shall be approved if the applicant is in default of a previous approval or agreement with the Town;

b)

No vacation shall be approved until all applicable requirements for public dedication or land and improvements have been satisfied; and

c)

No vacation shall be approved until all ad valorem taxes applicable to the land included in the plat have been paid for all years prior to the year in which the plat is approved.

c.

Vacation of rights-of-way.

1.

Applicability. This Section 13.03.040(q)(11)c shall apply to all vacations of platted Town rights-of-way or portions of rights-of-way.

2.

Specific procedures. The vacation shall be processed pursuant to Chapter 10.12, Vacation of Town Streets and Rights-of-Way, of the Parker Municipal Code. Rights-of-way that are vacated may be removed from a plat pursuant to the Replat process in Section 13.03.040(q)(9).

d.

Vacation of an unplatted Town easement.

1.

Applicability. This Section 13.03.040(q)(11)d shall apply to all vacations of unplatted Town easements.

2.

Specific procedures.

a)

An ordinance shall be prepared that includes the legal description of the easement to be vacated and the book and page numbers, and reception number, as applicable.

b)

The vacation request shall be heard by the Town Council during the second reading of the ordinance described in Subsection a. above.

c)

The ordinance shall be recorded in the office of the County Clerk and Recorder upon obtaining the signature of the Mayor after the Effective Date of the ordinance.

(r)

Temporary use permit and mobile business permits.

(1)

Applicability. This Section 13.03.040(r) shall apply to all uses classified as temporary uses in Table 13.05.A: Table of Allowed Uses and Section 13.05.060(c), Temporary use and structures.

(2)

Specific procedures.

a.

Revocation or suspension.

1.

The Planning Director may revoke a Temporary Use/Mobile Business Permit for failure to comply with the terms of the permit or the LDO.

2.

The Planning Director shall suspend any permit issued for a fireworks stand during the period of time that a Stage 1 Fire Ban or a Stage 2 Fire Ban, as defined in Chapter 6.06, Open Fire and Open Burning Restrictions, of the Parker Municipal Code, is in effect.

(3)

Specific criteria. In making their decision, the Planning Director must find that all of the relevant standards listed in Section 13.05.060(c)(2), Temporary use standards, are met.

(s)

Use by special review - general.

(1)

Applicability. This Section 13.03.040(s) shall apply to all applications for a use that is classified as Use by Special Review in Table 13.05.A: Table of Allowed Uses in any zoning district including the Planned Development (PD) zoning district, except for:

a.

Applications for major utilities, which shall be reviewed and a decision made pursuant to Section 13.03.040(t), Use by special review - major utilities;

b.

Applications for oil and gas facilities, which shall be reviewed and a decision made pursuant to Section 13.03.040(u), Use by special review - oil and gas;

c.

Applications for water and sewer service utilities, which shall be reviewed and a decision made pursuant to Section 13.03.040(v), Use by special review - water and sewer; and

d.

Applications for wireless communications facilities, which shall be reviewed and a decision made pursuant to Section 13.03.040(w), Use by special review - wireless communication facilities.

(2)

Specific procedures.

a.

Common procedures apply. The application shall be reviewed and a decision made pursuant to Section 13.03.030, Common review procedures, unless those provisions are modified by this Section.

b.

Review periods for some applications. Where the application concerns a land use or facility for which regulations of the federal government or decisions of state or federal courts require a decision within a stated time period, the application shall be reviewed and decided upon within sixty (60) days of the date the completed application was filed.

c.

Annual review. Each approved Use by Special Review may be subject to annual review by the Community Development Department or as often as the Town Council deems appropriate to ensure compliance with the criteria in Subsection (3) below and any stated conditions of approval.

(3)

Specific criteria for approval.

a.

In making their recommendation or decision, the Planning Commission and Town Council, respectively, shall find that all of the following criteria are met.

1.

The proposed use will be in harmony and compatible with the character of the surrounding areas and neighborhoods;

2.

The proposed use is consistent with the Master Plan;

3.

The applicant can demonstrate the proposed site is sufficient in size and shape to support the proposed use.

4.

The proposed use does not require significant capital improvements that the Town has not included in its capital improvement program;

5.

The proposed use does not require community facilities and levels of community services greater those available from the Town or applicable service providers;

6.

Adequate pedestrian, bicycle, and vehicular access and circulation routes exist to serve the proposed development, and traffic movement in the surrounding area would not cause undue multi-modal traffic impacts by development, or demonstrates the mitigation of circulation impacts to the maximum extent practicable;

7.

The proposed use will not create material environmental impacts on the surrounding area or the Town as a whole, or demonstrates the mitigation of environmental impacts to the maximum extent practicable;

8.

The proposed use will be adequately landscaped, buffered and screened to mitigate impacts; and

9.

The proposed use will not otherwise be detrimental to the health, safety, or welfare of the present or future inhabitants of the Town.

(t)

Use by special review - major utilities.

(1)

Applicability.

a.

This Section 13.03.040(t) shall apply to all applications for installation or modification of major utilities, except as listed in Subsection b below.

b.

Exceptions.

1.

Underground major utilities that are located entirely within a public or private right-of-way, are approved by the issuance of a right-of-way permit by the Public Works Engineering Department;

2.

Applications by water and sewer providers proposing a water line, well, sewer line, lift line, or similar facility for the delivery of water and sewer services, shall be reviewed and a decision made pursuant to Section 13.03.040(u), Use by special review - water and sewer.

3.

Major utilities associated with a private commercial, industrial, or multifamily development are reviewed with the Site Plan and a separate submittal is not required; and

4.

Major utilities associated with a private single-family development are reviewed at time of Final Plat and a separate submittal is not required.

(2)

Specific procedures.

a.

Common procedures apply. The application shall be reviewed and a decision made pursuant to Section 13.03.030, Common review procedures, for applications that require a recommendation by the Planning Commission and a decision by the Town Council, unless those provisions are modified by this Section.

b.

Conflict with other standards. To the extent that there is a conflict between this Section and any franchise approved by the Town for a public utility, this Section shall control.

(3)

Specific criteria for approval. In making their recommendation or decision, the Planning Commission and Town Council, respectively, must find that all of the following criteria are met:

a.

Whether there is a compelling need for the major utility to be located on the proposed site;

b.

Whether approval of the proposed major utility will promote the purposes of this LDO stated in Section 13.01.020;

c.

Whether the major utility is compatible with the surrounding area;

d.

The effect of the major utility upon the immediate area;

e.

The effect of the major utility upon future development of the area;

f.

Whether the proposed height limitations, setbacks, lot area and open space are sufficient to mitigate the impacts of the proposed major utility on the surrounding area;

g.

Whether land surrounding the major utility can be planned in coordination with the public utility;

h.

Whether the major utility is in conformity with, and will promote development consistent with the Master Plan;

i.

Whether adequate open space and visual corridors are preserved;

j.

Whether the major utility fosters a desirable and stable environment;

k.

Whether the major utility makes possible the innovative and efficient use of the subject property;

l.

Whether the major utility would exacerbate a natural hazard; and

m.

Whether there are reasonably available and economically feasible alternatives for the major utility.

(u)

Use by special review - oil and gas. All applications for oil and gas facilities shall be reviewed and a decision made pursuant to Section 13.06.040, Use by special review process for new oil and gas operations.

(v)

Use by special review - water and sewer.

(1)

Applicability.

a.

This Section 13.03.040(u) shall apply to all applications from any utility provider proposing a water line, well, sewer line, lift line, or similar facility for the delivery of water and sewer services, except as listed in Subsection b below.

b.

Exceptions.

1.

Water and sewer utilities that are located entirely within a public or private right-of-way are approved by the issuance of a right-of-way permit by the Public Works Engineering Department;

2.

Water and sewer utilities associated with a private commercial, industrial, or multifamily development are reviewed with the Site Plan and a separate submittal is not required; and

3.

Water and sewer utilities associated with a private single-family development are reviewed at time of Final Plat and a separate submittal is not required.

(2)

Specific procedures.

a.

Common procedures apply. Applications shall be approved administratively by the Planning Director pursuant to Section 13.03.030, Common review procedures.

b.

Optional Town Council review and approval. The Planning Director shall further have the authority based on the nature and scope of the application and the size and potential impacts of the proposed facility, to require that the applicant obtain approval by the Town Council following public notice and a hearing pursuant to Section 13.03.030, Common review procedures.

c.

Optional appeal process. If the Planning Director denies the application or imposes conditions determined by the applicant to be unreasonable, the applicant may appeal the decision of the Planning Director to the Town Council within 15 days of the Planning Director's decision. Such appeal shall be a de novo review by the Town Council using the process in Section 13.03.040(t), Use by special review - major utilities.

(3)

Specific criteria for approval. In making their decision, the Planning Director must find that all of the following criteria are met:

a.

The water and/or sewer utility is in conformity with, and will promote development consistent with, the Master Plan;

b.

There is a compelling need for such water and/or sewer utility to be located on the proposed site;

c.

The water and/or sewer utility is consistent with, or is required to be installed pursuant to, any franchise agreement between the Town and the applicant; and

d.

The water and/or sewer utility is consistent with those criteria in Section 13.03.040(t)(3) applicable to approval of major utilities that the Planning Director considers necessary to mitigate an impacts of the proposed facility on the surrounding area.

(w)

Use by special review - wireless communication facilities.

(1)

Applicability. This Section applies to all applications for Wireless Communications Facilities that are not eligible for administrative approval pursuant to Section 13.05.040, Wireless communication facilities.

(2)

Specific procedures.

a.

Common procedures apply. The provisions of Section 13.03.030, Common review procedures, applicable to a decision by the Planning Director shall apply, except as modified by this Section.

b.

Review and decision. The application shall be reviewed and a decision made pursuant to Section 13.05.040(c)(3), Procedure for use by special review.

(3)

Specific criteria for approval. In making their recommendation or decision, the Planning Commission and Town Council, respectively, must find that all of the applicable standards in Section 13.05.040, Wireless communication facilities, applicable to facilities that are not eligible for administrative approval, are met including but not limited to the standards in Sections 13.05.040(b)(2)e, 13.05.040(b)(3)a, 13.05.040(b)(3)b, and 13.05.040(b)(3)c.

(x)

Variance.

(1)

Applicability.

a.

This Section 13.03.040(x) shall apply to requests for relief from certain regulations and specific dimensional standards outlined within this LDO during the course of development review and approval.

b.

Requests to modify a permit or approval after approval under this LDO shall be processed pursuant to Sections 13.03.040(c), Administrative adjustment or 13.03.040(j), Major modifications, as applicable

c.

Variances under this Section 13.03.040(x) may only be used to grant relief related to:

1.

Minimum area of lot;

2.

Minimum width of lot;

3.

Maximum height of structures;

4.

Maximum height or required design or materials of fences;

5.

Minimum front yard setback;

6.

Minimum side yard setback;

7.

Minimum rear yard setback;

8.

Sign standards listed in Sections 13.09.030, 13.09.040, 13.09.050, and 13.09.060 greater than the fifteen (15) percent that may be approved through an Administrative Allowance, except no variances are permitted to maximum sign area or maximum sign height;

9.

Hillside development standards; and

10.

Reduction to stream buffer width greater than that allowed by an Administrative Allowance.

d.

No Variance request to the Town Council shall be allowed for building use violations nor for a use not permitted within a zoning district. The findings and decisions of the Council shall be final, subject only to judicial review.

e.

Relief from LDO regulations that are not listed in Subsection c above may be the subject of an application for a Waiver pursuant to Section 13.03.040(y), Waiver.

(2)

Specific criteria for approval. In making its recommendation or decision, the Planning Commission or Town Council, respectively, must find that all of the following criteria are met:

a.

Stream buffer width reductions.

1.

The Variance is necessary because one or more of the requirements listed in Section 13.08.040(c) represent an exceptional hardship such that no reasonable economic use of the land is available without reducing the width of the required stream buffer.

2.

The size, shape or topography of the property is such that it is not possible to construct a residential or nonresidential structure, as the applicable zoning may permit, without encroaching into the required stream buffer.

3.

Encroachment into the required stream buffer shall be limited to the maximum extent practicable.

4.

The applicant shall commit, to the satisfaction of the Town, to mitigation measures that substantially offset any potential adverse impacts of the proposed encroachment during site preparation, construction and post-construction.

5.

Approval of the Variance will not result in a reduction in water quality.

6.

Any land-disturbing activity on the subject property shall comply with all applicable erosion and sedimentation control regulations and best management practices.

7.

The need for the Variance is not a self-created hardship.

b.

Hillside development standards.

1.

The Variance shall not undermine or be contrary to the purpose and intent of the hillside development standards;

2.

The subject steep slope area is not related to a natural feature that the Town determines has historical, cultural, or environmental significance or other substantial public value or benefit that should be preserved or reclaimed;

3.

The subject steep slope area is man-made and reclamation of the pre-existing natural grade and contours would create a substantial and unreasonable burden on the landowner and would not be in the public's interest; and

4.

The need for the Variance is not a self-created hardship.

c.

All other variances.

1.

The strict application of the standards would produce peculiar and exceptional practical difficulties to, or exceptional hardships upon, the owner of such property;

2.

Such hardship results from exceptional narrowness, shallowness, or shape of a specific piece of property or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property;

3.

Such hardship is unique to the property and not shared by other properties in the same zoning district and vicinity;

4.

The authorization of such Variance will not result in substantial detriment to adjacent property or the public good, materially change character of the district, or substantially impair the intent and purpose of this LDO;

5.

The granting of such Variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience or profit: and

6.

The need for the Variance is not a self-created hardship.

(y)

Waiver.

(1)

Applicability. This Section 13.03.040(y) shall apply to applications to approve deviations from the substantive standards (including but not limited to required timelines for performance or validity) of this LDO to encourage flexibility and variety in land development where other options to achieve those results are not available under this LDO.

(2)

Specific criteria for approval. In making its decision, the Town Council, by resolution, must find that all of the following criteria are met:

a.

The need for the requested waiver is not a self-created hardship.

b.

The waiver does not impair the intent and purposes of this LDO.

(z)

Wireless communication facilities - administrative approval.

(1)

Applicability. This Section 13.03.040(z)applies to all applications for Wireless Communications Facilities that are eligible for administrative approval pursuant to Section 13.05.040, Wireless communication facilities.

(2)

Specific procedures.

a.

Common procedures apply. The provisions of Section 13.03.030, Common review procedures, applicable to a decision by the Planning Director shall apply, except as modified by this Section.

b.

Review and decision. The application shall be reviewed and a decision made pursuant to Section 13.05.040(c)(2), Procedure for administrative review.

(3)

Specific criteria for approval. In making their decision, must find that the standards in Section 13.05.040, Wireless communication facilities, applicable to facilities eligible for administrative review are met.

(a)

Purpose. The purpose of this Section 13.03.050 is to ensure that improvements required by this LDO, or by conditions attached to an approval under this LDO to address or mitigate the impacts of new development are constructed in a timely manner and to provide the Town financial security so that, if a property owner is unable to complete such improvements, the Town may complete the required improvements at the property owner's expense, or retain the financial security at the Town's sole discretion to be used in the future to complete such improvements. These provisions apply regardless of whether the improvements will be dedicated to the Town or will be owned by an entity other than Town.

(b)

Public improvements.

(1)

Subject to the provisions of Section 13.03.030(h)(6), Requirements for conditions of approval, the Town shall determine the type, location and extent of necessary public improvements, required to mitigate anticipated impacts of the proposed development, depending upon the development's characteristics, the surrounding areas and its relationship to existing and proposed public infrastructure.

(2)

Construction drawings for all public improvements required by this LDO or as a condition of approval of an application under this LDO, shall be prepared by a qualified professional and shall be made in compliance with all standards and specifications of the Town and applicable utility and service providers.

(3)

All public improvements identified in the approved plans shall be constructed by the applicant at the applicant's expense unless the Town has agreed in writing to construct the improvement at its own expense.

(4)

All public improvements required by this LDO, or as a condition of approval of an application under this LDO shall conform to the requirements of this LDO and all applicable plans, policies, and regulations.

(5)

Subject to the provisions of Section 13.03.030(h)(6), Requirements for conditions of approval, other reasonable improvements not specifically mentioned in this Section 13.03.050(b) and found necessary by the Town Council, shall be constructed at the developer's expense within such time and in conformance with such specifications.

(c)

Agreements.

(1)

Subdivision Agreement.

a.

The Subdivision Agreement shall be on a standardized form approved by the Town Council.

b.

No Subdivision Plat requiring public improvements shall be recorded until the applicant has submitted an approved and executed Subdivision Agreement and deposit or financial guarantee.

c.

The applicant shall provide the Town with an itemized estimate of the cost of required public improvements.

d.

The Town shall review the Subdivision Agreement and the cost estimates and require changes as necessary to complete the required improvements.

e.

The applicant shall provide a deposit or financial guarantee based on the cost to complete the required improvements, as determined by the Town.

(2)

Development Agreement.

a.

No Site Plan requiring public improvements shall be approved until the applicant has submitted an approved and executed Development Agreement and deposit or financial guarantee.

b.

The Development Agreement shall be on a standardized form approved by the Town Council.

c.

The applicant shall provide the Town with an itemized estimate of the cost of required public improvements.

d.

The Town shall review the Development Agreement and the cost estimates and require changes as necessary to complete the required improvements.

e.

The applicant shall provide a deposit or financial guarantee based on the cost to complete the required improvements, as determined by the Town.

(3)

Site completion agreement.

a.

Applicability. This Section 13.03.050(c)(3) shall apply to the following, which are referred to as "site completion improvements."

1.

Public or private improvements that are not subject to a Subdivision or Development Agreement and where the property owner does not satisfy all of the requirements contained within the Site Plan approval;

2.

Elements of an approved Site Plan that have not been completed or are unable to be completed due to weather. This shall not apply to items that are required to be completed for life safety or public infrastructure;

3.

Improvements related to grading, drainage, soil erosion, or sediment control required by this LDO for a single-family detached dwelling or duplex dwelling development (a grade certificate is required prior to TCO or CO for all development); and

4.

Actions required by Section 13.08.130(a)(5)a, Restoration of rights-of-way, related to construction activities and their disruption of rights-of-way.

b.

Deposit and agreement required. Where Subsection a applies, the Town may issue a temporary Certificate of Occupancy subject to satisfaction of the following requirements:

1.

Single-family detached and duplex dwellings.

a)

For each lot that contains or is intended to contain a single-family detached or duplex dwelling, the lot owner shall deposit with the Town funds to ensure that the requirements of Section 13.08.130(a)(5)a, Restoration of rights-of-way, as applicable, are satisfied no later than the time required by the Site Completion Agreement. The required deposit may instead be made by a builder or person with a contract or option to purchase the lot if that individual or entity signs the related agreement required by Subsection c). below.

b)

The deposit required by Subsection a) shall comply with Section 13.03.050(d)(1) below, except that in lieu of a deposit based on a cost estimate, the property owner may deposit $5,000.00 per lot on which the requirements of Sections 13.08.060 and/or 13.08.130(a)(5)a have not been completed

c)

The individual or entity that makes the deposit required by Subsection a) above shall sign a Site Completion Agreement, requiring that individual to complete the site completion improvements within one hundred eighty (180) days or by June 1st, whichever occurs first. For soil erosion and sediment control measures, the 180-day completion requirement may be extended to a reasonable period of time as determined by the Town's Designated Town Authority, as defined in the Roadway Design and Construction Criteria Manual.

2.

All other residential, mixed-use, and nonresidential development.

a)

For each lot or parcel that contains or is intended to contain any development other than a single-family detached or duplex dwelling, the property owner shall deposit with the Town funds to ensure that the following improvements and actions are completed:

1)

Improvements required by this LDO or a Site Plan approval; and

2)

Actions required by Section 13.08.130(a)(5)a, Restoration of rights-of-way, related to construction activities and their disruption of rights-of-way.

b)

The required deposit shall comply with Section 13.03.050(d)(1).

c)

The Planning Director and/or Director of Engineering/Public Works may approve a phasing plan for site completion improvements for multifamily, mixed-use, and nonresidential development, based on the size and complexity of the development.

d)

The property owner shall sign a Site Completion Agreement requiring that the property owner complete all improvements required by Sections 13.08.050 and 13.08.130(a)(5)a, as applicable, within a reasonable period of time as determined by the Planning Director and/or Director of Engineering/Public Works and including or summarizing any phasing plan approved pursuant to Subsection c) above.

(d)

Required financial security and release of financial security.

(1)

Form of financial security. Public and private improvements required by this LDO or by a condition attached to an approval under this LDO shall be secured by a financial guarantee in the form of cash or an irrevocable letter of credit, from a financial institution acceptable to the Town, and in a form approved by the Town Attorney in the amount of one hundred ten (110) percent of the total construction cost for the improvements based upon an estimate from a certified professional. The Town shall not accept financial security in any other form.

(2)

Town's right to draw financial security.

a.

The Town shall have the right to draw on the financial security for the purpose of restoring and remediating any site disturbance and/or constructing or completing construction of any public improvements including landscaping.

b.

In the event the Town draws on the financial security, neither the applicant nor their successors or assigns shall engage in any work on the site until new financial security is provided to the Town in the amount specified in Section 13.03.050(d)(1).

(3)

Release of financial security. The Town shall release the financial guarantee as provided in the Subdivision Agreement, Development Agreement, or the Site Completion Agreement subject to the terms outlined within the agreement.

(4)

Two-year warranty period (probationary acceptance).

a.

Once the public improvements outlined within the Subdivision Agreement, Development Agreement or Site Completion Agreement have been installed, inspected by the Town, and any deficiencies cured by the Developer, the Town will provide written probationary acceptance approval of these public improvements. Security in the amount of twenty (20) percent of the total construction cost of the required public improvements, shall be deposited with the Town or retained by the Town prior to the release of the initial financial security. The purpose of this financial security is to warrant the public improvements against defects during a two-year warranty period following acceptance of the public improvements by the Town. If the Town determines that defects in construction of the improvements are present, the Town shall have the rights to draw on this remaining financial security as described in Subsection (2) above.

b.

The Town will not provide maintenance to these public improvements, excluding snow plow operations, during Probationary Acceptance. During the warranty period it is the responsibility of the developer to ensure that the public improvements are maintained in a manner to ensure the safety of any public users of the improvements.

c.

Community parks that will be owned and maintained by the Town shall be subject to the two-year warranty period. The Town will not provide maintenance to the community parks, except those provided within the agreement.

d.

Private landscape, streetscape, and park improvements are not subject to the two-year warranty, and the cost of such improvements shall not be included in the calculation of total construction costs in Subsection a. above.

e.

If the required Public Improvements have not been accepted in writing by the Town at the end of the two-year performance warranty period, an extension of the financial guarantee for the cost of the outstanding improvements shall be required, and the Town shall have the rights to draw on the original or extended financial security as described in Subsection (d)(2) above.

(5)

Final acceptance.

a.

Prior to final acceptance of the public improvements, the Developer shall complete and submit to the Town an affidavit of compliance, in accordance with the Roadway Design and Construction Criteria Manual. This form is the developer's affirmation that the construction of public improvements was done in accordance with Town standards and using proper materials and workmanship. If deficiencies in the public improvements appear after final acceptance that can be attributed to improper materials or workmanship, it will be the responsibility of the Developer to cure those issues.

b.

After the two-year warranty period, the public improvements shall be inspected by the Town and any identified deficiencies shall be cured by the Developer. The public improvements will then be accepted in writing by the Town. All remaining security held by the Town will be released and the Town will take ownership and maintenance of these improvements.

(e)

Permits.

(1)

Single-family detached and duplex dwelling approvals.

a.

Release of building permits. Building Permits shall not be issued for single-family detached or duplex dwellings, except for model homes authorized in a Subdivision Agreement, until the Town provides probationary acceptance of the Public Improvements in writing and the Town has determined that the subdivision has sufficient access and water to allow for adequate fire protection.

b.

Streetscape, landscape, and park improvements. Streetscape, landscape, and park improvements may be installed after the Town provides probationary acceptance of the Public Improvements, subject to the following requirements:

1.

If the streetscape, landscape, and park improvements are required by a Subdivision Plat, and financial security for those improvements are addressed in a Subdivision Agreement, the provisions of that Agreement shall govern the financial security required and the terms under which such financial security will be reduced or released.

2.

The streetscape, landscape, and park improvements may be installed and the financial guarantee reduced as described in the Subdivision Agreement.

3.

The Town shall not inspect or approve streetscape/landscape improvements, or approve corresponding reductions in financial guarantees, between October 15 and May 15.

(2)

All other residential, mixed-use, and nonresidential developments.

a.

Release of building permits. The Town may issue Building Permits within the subdivision prior to probationary acceptance of the Public Improvements for single-family attached, multifamily, and nonresidential development if the property owner or developer has satisfied all of the following requirements:

1.

The Building Permit is in compliance with an approved Site Plan;

2.

The property owner has executed the Subdivision Agreement or Development Agreement, provided all applicable financial guarantees described in Section 13.03.050, and subject to any conditions outlined with the agreement; and

3.

The applicable fire protection agency, the Town, and water provider have determined that the development has sufficient access and water to allow for adequate fire protection.

b.

Streetscape, landscape, and park improvements. Streetscape, landscape, and park improvements may be installed after the Town provides probationary acceptance of the Public Improvements, and before the issuance of any temporary or permanent Certificates of Occupancy, subject to the following requirements:

1.

If the streetscape, landscape, and park improvements are required by a Subdivision Plat, and financial security for those improvements are addressed in a Subdivision Agreement, the provisions of that Agreement shall govern the financial security required and the terms under which such financial security will be reduced or released.

2.

If the streetscape, landscape, and park improvements are required by a Site Plan or other development approval:

a)

The Town will not issue any Certificate of Occupancy, temporary or otherwise, for the property until the required improvements are completed; or

b)

The Town will issue a Temporary Certificate of Occupancy for the property if the applicant completes a Site Completion Agreement and provides the required financial security. Failure to remain in compliance with the terms of the Agreement may result in the revocation of the Temporary Certificate of Occupancy.

3.

The Town shall not inspect or approve streetscape/landscape improvements, or approve corresponding reductions in financial guarantees, between October 15 and May 15.

(f)

Failure to comply. Failure to comply with the requirements of this Section 13.03.050 may result in one or all of the following:

a.

The Town may withhold a final Certificate of Occupancy for any lot or parcel covered by the Agreement.

b.

The Town may withhold Certificates of Occupancy for other lots in the Town owned by the property owner that signed the Agreement.

c.

The Town may withhold part or all of the deposit as necessary to cover the costs of remaining uncompleted work.

d.

The Town may provide a part or all of the deposit to the lot owner who purchased it from the builder to complete the improvements, subject to the terms and conditions determined by the Town.

e.

The Town may use the deposit or any related deposit to complete the site completion improvements.

f.

In addition to the penalty provisions for violating any of the sections contained within Chapter 13.06, Chapter 13.07, and Chapter 13.08, any person who violates any of the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall subject to the financial penalties described in Section 13.01.080(b)(1), Penalties.