(a)

This article shall apply to all uses of real property in all zone districts with the exception of single household residences and individual two-household dwellings. No building permit shall be issued for the construction of any new building, structure, parking area, or loading area, or any substantial alteration thereto without first obtaining the approval of a site development plan as provided in this Article. For purposes of this article, "substantial alteration" refers to an addition in gross floor area, or parking or loading area equal to or greater than 25 percent of the existing area. To qualify as a substantial alteration, such an addition in area need not occur at any one time, but also may occur in a series of additions, over a period of five years.

(b)

Development of the site shall comply with the approved design and all conditions included in the site development plan. A certificate of occupancy shall not be issued for a building constructed in violation of an approved site development plan.

(c)

Approval of a site development plan pursuant to this article shall not constitute a "vested property right" to develop the property in accordance with the approved plan as "vested property right" is defined in C.R.S. § 24-68-101 et seq. or otherwise, unless specific action is taken by city council, in accordance with the provisions of Article XXIX of this chapter.

(Ord. No. 7-2009, § 1, 10-28-2009)

(a)

A pre-submittal conference with city staff shall be required in order to facilitate dialogue between the city and the applicant regarding the proposed site development plan approval and process.

(1)

At the time of a request for a pre-submittal conference and review, the applicant is encouraged to submit a sketch plan of the proposed development indicating the property boundaries, existing streets abutting the site, drainage channels, adjacent land uses, existing and proposed structures, parking and access areas, and landscape features.

(2)

Within 14 days after the pre-submittal conference, staff will contact the applicant commenting on the sketch plan as it relates to the anticipated site development plan application.

(b)

Upon submittal of a site development plan application pursuant to this article, the zoning administrator shall, within seven working days, review the submittal and determine if the application is complete.

(c)

After the zoning administrator determines that the application is complete, the applicant shall provide sufficient copies for review by appropriate city staff, other agencies and service providers, and adjacent property owners. The zoning administrator shall send the application out for review and shall schedule a development review committee meeting, to be held within 45 days of a determination that the application is complete, to review all referral comments. The development review committee shall consist of, at a minimum, representatives of planning, building, public works, police and fire departments.

(d)

The zoning administrator shall mail by first class mail a notice of the site development plan submittal to all adjacent real property owners as shown by the records of the Arapahoe County assessor's office, informing them of the application; that a copy of the application is available for review at city hall; and that they have ten days from the date of mailing to submit written objections or comments to the city. For the purpose of this article, "adjacency" shall not be affected by intervening streets, rights-of-way, or water features. Any written objections or comments received will be considered by the zoning administrator when making a decision on the application

(e)

After all staff and referral comments have been satisfactorily addressed by the applicant, the zoning administrator shall approve, approve with conditions, deny, or refer the site plan application to the planning commission. Referral of the application to the planning commission shall be at the discretion of the zoning administrator, except that the zoning administrator shall refer all applications for site plan if the subject property is adjacent to residentially zoned property. The zoning administrator's decision shall be mailed by first class mail to the applicant and any adjacent real property owner that submitted written comments or objections.

(f)

If referred to the planning commission, the commission shall hold a public hearing and make a decision for approval, approval with conditions or denial based upon whether the proposal complies with the site development plan review criteria in this article. Public notification for the public hearing shall follow the process established in section 56-44 of this chapter.

(g)

The zoning administrator's decision on the application may be appealed to the planning commission by the applicant or by any adjacent real property owner that submitted written objections or comments as permitted in this section. The planning commission decision on the appeal, or decision on the application on referral from the zoning administrator may be appealed by the applicant or by any adjacent real property owner that submitted written objections or comments as permitted in this section to city council.

(1)

Written appeals from the decision of the zoning administrator or the planning commission must be received by the city clerk within 30 days of the date of denial, and must be accompanied by an appeal fee to be set by city council resolution. No building permit shall be issued while the appeal is pending.

(2)

When acting in their appeal board capacity, the planning commission or city council shall conduct a public hearing within 30 days after the appeal is received by the city clerk. The inquiry of the appeal board shall be limited to the record below and whether the decision of the zoning administrator, or planning commission, was contrary to this article or an abuse of discretion.

(3)

The decision of the appeal board shall be set forth in writing, and set forth reasons for affirming, modifying, or reversing the decision of the zoning administrator or the planning commission.

(h)

If a building permit has not been issued within one year from the date of approval of the site development plan, the site development plan approval shall be null and void unless an extension is granted by the zoning administrator. An extension may be granted for a maximum of one year upon written request of the applicant. An extension shall not be granted if this article has been amended such that the site development plan no longer conforms to the requirements of this article. If a zone district change for any property included within an approved site development plan has occurred and no building permit has been issued, the site development plan shall be null and void.

(Ord. No. 7-2009, § 1, 10-28-2009)

Amendments to an approved site development plan shall be subject to the same application, review and appeal process applicable to the original site development plan.

(Ord. No. 7-2009, § 1, 10-28-2009)

Every request for site development plan approval shall be accompanied by the following:

(a)

City land development application form;

(b)

Application fee as established by city council resolution;

(c)

List of all owners of adjacent properties as shown by the records of the Arapahoe County assessor's office, and envelopes with accurate addresses and sufficient postage for mailing notice of the application;

(d)

Five copies of the site development plan. Four copies shall be submitted to the zoning administrator on one or more sheets of paper measuring 24 by 36 inches and drawn to a minimum scale of one inch equals 50 feet (1″ = 50′) (i.e., 1″ = 40′, 1″= 30′, 1″ = 20′, and 1″ = 10′ shall be acceptable), and one copy measuring 11″x 17″. Unless waived by the zoning administrator, the site development plan shall contain the following information:

(1)

Date;

(2)

Scale and north arrow;

(3)

Vicinity map;

(4)

The legal description of the property, by reference to the relevant subdivision plat, or a metes and bounds legal description of the property verified and signed by a registered land surveyor in the State of Colorado;

(5)

Date of map preparation;

(6)

Names and addresses of map preparer, property owner, and any engineers, planners, architects, etc. involved in preparation of the submittal;

(7)

Property owner signature block;

(8)

Location of 100-year floodplain, if applicable;

(9)

Statement of the present zoning and the intended use of the property;

(10)

Statement of maintenance responsibility for all improvements shown on the site plan;

(11)

Site data in tabular form including:

a.

Total area of the property (sq. ft.);

b.

Building coverage (sq. ft.);

c.

Parking lot coverage (sq. ft.);

d.

Parking lot landscape area (sq. ft.);

e.

Total landscape area coverage (sq. ft.);

f.

Number of parking stalls required and provided;

g.

Number of residential units as appropriate;

h.

Existing and proposed gross floor area (sq. ft.);

(12)

Grading, drainage, and stormwater control measures, and existing and finished grades and contours;

(13)

The location of all existing and proposed public and private utility and emergency easements or other rights-of-way;

(14)

The building envelope, size, setback dimensions and height of all proposed structures and all existing structures which are to be retained on the site;

(15)

Finished floor elevation related to the United States Geological Survey information, surveyed to USGS datum when practical;

(16)

Building elevations showing height dimensions and architectural details and materials of buildings;

(17)

Location, dimensions and names of adjacent streets;

(18)

Proposed internal streets showing dimensions, centerline radii and curb return radii. Location, dimensions, and surface finish of bike/pedestrian paths and walkways shall be shown on a separate plan as a separately designed system;

(19)

The proposed layout of the parking lot including location and dimensions of parking spaces, curb islands, internal planter strips, maneuvering aisles and access driveways with indication of direction of travel;

(20)

Location of all exterior lighting, signage, and fencing used to divide properties or to screen mechanical equipment and trash containers;

(21)

Existing specific physical features on the site, including drainage ways, lakes, buildings, and structures, with indication as to which are to be retained. When requested, adjacent properties and their physical features within 50 feet of the property line shall be identified including setback dimensions of adjacent structures;

(22)

A landscape plan in accordance with Article XXII of this chapter;

(23)

Location of all existing and proposed recreational amenities such as open play areas, swimming pools, tennis courts, tot lots, and similar facilities;

(24)

Additionally, the applicant may be required to submit one or more of the following supportive information, if deemed necessary by the zoning administrator:

a.

A final drainage plan and report in conformance with the City of Sheridan regulations;

b.

A final grading and erosion control plan in conformance with the City of Sheridan regulations;

c.

Right-of-way and easement dedication or conveyance document;

d.

Title insurance commitment or policies;

e.

Traffic studies and/or signal plans;

f.

Plans for off-site improvements such as curb, gutter and sidewalk construction and/or removal;

g.

Utility plan including location and size of utility lines within the site and the extension, if any, to serve the development, including easements where necessary;

h.

Highway noise mitigation plan. A highway noise and mitigation evaluation plan for all properties located adjacent to or within 500 feet of the right-of-way for U.S. 285, Federal Boulevard, and Santa Fe Drive. Such requirement for a highway noise mitigation plan can be waived by the zoning administrator or planning commission (depending upon to whom the site plan is submitted for approval) where, based upon the size of the development and the existence of a community noise mitigation plan, the developer proposes and agrees to install highway noise mitigation measures consistent with the community plan. The preparation of a highway noise mitigation plan should contain the following elements:

1.

Description of existing conditions. The existing acoustical environment at the project site including the type of land uses that are near the site.

2.

Noise measurements. Noise measurements shall be performed at the site to quantify the existing noise level at the location of proposed buildings and outdoor use areas. The measurements shall be based upon at least one continuous 24-hour noise measurement to allow a determination of the DNL at the site. Supplemental short term measurements (no less than 15 minutes) can be used to help determine noise levels throughout a larger site by comparing the short term measurements with simultaneous measurements at the long term measurement location.

3.

Future noise levels. Calculations showing anticipated future noise levels on the site after development. If a traffic study is not warranted, then estimates can be used if they are approved by the city public works or planning department.

4.

Noise impact assessment. If the noise levels are anticipated to exceed the standard set out in Chapter 46, Article II of this Code, mitigation recommendations that will enable the project to meet the standard must be provided.

i.

For outdoor areas the options to mitigate noise may include site orientation, building layout or noise barriers or any other means demonstrated to mitigate the noise. For indoor noise, sound rated building constructions such as sound rated windows are typically used.

ii.

The report must describe in detail the height, length and location of any noise barriers. Similarly, the location of any sound rated building elements must also be provided. The report must have a table showing existing noise levels and future noise levels with and without any proposed mitigation measures.

iii.

Detailed design information can be provided at a later date provided the initial study has clear evidence that the city's standards can be met.

(e)

All application submittals required under this section must be complete. All forms, site plan submittals and other supporting documents must be uploaded to a compact disc or portable USB flash drive, and submitted together with other items such as postage and required paper copies to the zoning administrator in person or via mail.

(Ord. No. 7-2009, § 1, 10-28-2009; Ord. No. 7-2019, § 28, 9-23-2019)

In addition to criteria found elsewhere in the Sheridan Municipal Code, all site development plans must comply with the following standards:

(a)

Parking lot design and internal circulation.

(1)

Parking lots and loading areas shall have access from a clearly defined driveway not less than 16 feet in width for one-way traffic and 24 feet in width for two-way traffic. If the driveway is to serve as emergency access, it shall not be less than 20 feet in width. Private drives and private streets shall meet the minimum standards shown in the roadway design and construction specifications of the City of Aurora as adopted by the City of Sheridan. Emergency access shall be provided which adequately links the site to public streets as a part of the overall site circulation.

(2)

Dead-end parking lot aisles shall provide back-around space five feet in depth and the same width as the aisle.

(3)

Raised curb end islands are required for each parking aisle containing more than ten parking spaces to define the ends of each parking row. Curb islands shall be constructed of an appropriate material such as concrete, block, or other material. No curb islands shall be constructed of asphalt.

(4)

Off-street parking located on corner lots shall be so designed as to avoid the obstruction of views across the sight distance triangle as defined in Chapter 56.

(5)

The minimum cross section shall be two and one-half inches of hot bituminous pavement and four inches of aggregate base course (Class VI) on six inches compacted sub-grade or four inches of non-reinforced Portland cement concrete pavement on six inches compacted sub-grade. An equivalent full depth section over compacted sub-grade may also be used. Gravel is not an acceptable parking surface.

(b)

Landscaping. Landscaping shall be in compliance with the standards found in Article XXII of this chapter.

(c)

Screening.

(1)

All trash containers shall comply with the requirements of Chapters 56 and 66 of this Code, and shall not be located in the public right-of-way, setback areas, or buffer areas as defined in the zone districts and Article XXII of this chapter. Trash enclosures shall be integrated into the site plan to minimize enclosure visibility and accommodate truck access. Trash enclosures shall be constructed of durable materials and the color, texture, and architectural detailing shall be consistent with the overall site and building design.

(2)

Roof-mounted electrical, heating, ventilation or air conditioning units, and mechanical equipment shall be placed or screened such that the equipment is not visible from any point on the ground within a 200-foot radius of the building upon which it is mounted. Downspouts, cell antennae, cable dishes, and roof ladders shall be located so as to minimize their view from adjacent properties.

(3)

Utility cabinets, meters, generators, and other ground-mounted mechanical equipment shall be contained within the building or otherwise fully screened.

(4)

Screening shall be provided for outdoor storage uses when these are permitted by the zone district. Said screening shall occur through the use of opaque fencing.

(5)

Commercial uses adjacent to residential zoned property shall provide screening with either a solid fence or wall at a minimum of six feet in height, in addition to any landscape buffer requirements.

(d)

Lighting.

(1)

On-site lighting for parking areas, buildings, and commercial display areas shall be limited to fixtures that do not cast direct light beyond the limits of the property.

(2)

Downcast and fully shielded fixtures shall be required to avoid direct light and glare from impacting adjacent properties at an elevation equal to that at the base of the lighting at the subject site.

(3)

Light poles shall not exceed the lesser of five feet taller than the main building or 25 feet in height.

(4)

No more than 0.1 foot-candle of light shall be allowed at a point measured ten feet beyond any property line as a result of on-site lighting. The zoning administrator may waive this requirement if light trespass will not reach any residential use.

(Ord. No. 7-2009, § 1, 10-28-2009; Ord. No. 7-2019, §§ 29, 30, 9-23-2019)

In addition to complying with the development standards found in section 56-415, approval of the site development plan by the zoning administrator, planning commission or city council shall be guided by compliance with the following criteria, as applicable:

(a)

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

(b)

No buildings or structures infringe on any easements so as to impact the full use of the easement.

(c)

The proposed site grading is consistent with the requirements of the storm drainage criteria adopted by the City of Sheridan.

(d)

The density and dimensions shown conform with the zone district or approved PUD requirements.

(e)

The project is compatible with the general purpose, goals and policies of the comprehensive plan.

(f)

Whether the following are arranged so that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected, adequate fire protection can be provided and adverse impacts on adjacent property, including noise, glare, odors, vibration and fumes, are mitigated or eliminated:

(1)

Location of buildings, structures and improvements;

(2)

Vehicular ingress and egress;

(3)

Internal vehicular circulation;

(4)

Setback lines;

(5)

Height of buildings;

(6)

Service facilities;

(7)

Walls;

(8)

Open space and landscaping; and

(9)

Sidewalks.

(g)

Whether water and sewer systems are adequate to serve the project.

(h)

Whether curb cuts onto arterial and collector streets will be kept to a minimum and placed in safe locations.

(Ord. No. 7-2009, § 1, 10-28-2009)

(a)

Following approval by the zoning administrator or planning commission as applicable, the applicant shall submit two sets of drawings to the city. The zoning administrator will approve and stamp the drawings and return one set to the applicant.

(b)

Applicant shall submit two sets of final site construction plans to the city engineer for review. The city engineer will review and approve the construction plans prior to issuing a building permit.

(Ord. No. 7-2009, § 1, 10-28-2009)

As a condition of approval of any site development plan, the city may require the applicant to construct, install or otherwise provide, including the dedication of any incidental easements or property interests, public improvements that are necessary to serve the property after it is developed, the need for which is caused by reason of the development. Such a condition may require the execution of a development agreement that provides for such construction or installation, and for financial security to ensure completion of such improvement.

(Ord. No. 7-2009, § 1, 10-28-2009)

All on-site and off-site improvements, both public and private, associated with the site development plan must be completed prior to the issuance of a certificate of occupancy. However, if all conditions necessary for issuance of a certificate of occupancy are met except landscape and other site improvements unrelated to vehicular access, storm water quality and storm drainage facilities, site grading, and retaining walls, a temporary certificate of occupancy may be issued. In that event, all improvements must be completed by the next planting season within a time frame established by the zoning administrator, but in no case to exceed 180 days after issuance of the temporary certificate of occupancy. As a condition of issuance of the temporary certificate of occupancy, project completion shall be guaranteed by the filing of a performance guarantee with the city in a form and amount as would be necessary to ensure completion of the improvements, and with such surety as are authorized to secure development agreements pursuant to this Code.

(Ord. No. 7-2009, § 1, 10-28-2009)