This section provides for the process to be followed to authorize use of property for a "conditional use" as may be allowed in any particular zone district. Because of unusual or special characteristics, conditional uses require individual review and evaluation of the proposed use in relation to surrounding properties. The review process prescribed in this section is intended to assure compatibility and harmonious development between proposed conditional uses, surrounding properties; and in the city at large. Conditional uses may be authorized subject to conditions and limitations as the city may prescribe on a case specific basis.

(Ord. No. 7-2009, § 1, 10-28-2009)

(a)

Preapplication conference. The applicant shall attend a pre-application conference with the zoning administrator for the purpose of discussing the conditional use application requirements and review process.

(b)

Application submittals. The applicant shall submit to the city the following documents:

(1)

A land use application form setting forth the purpose of the application and the proposed use sought to be authorized as a conditional use.

(2)

Proof of ownership of the real property affected. If the applicant is not the property owner, submit proof of authority to submit the application on behalf of the fee owner of the property.

(3)

A written statement describing the precise nature of the proposed use and the proposed use operating characteristics. Said statement shall also address the conditional use criteria set out below.

(4)

A site or sketch plan depicting topography, building locations, parking, traffic circulation, landscape areas, utilities, drainage features, and such other information as may be required by the city.

(5)

Surrounding real property ownership report, which will include a current list of the names and addresses of the surrounding real property owners within 300 feet of the property, as shown on the records of the Arapahoe County assessor as of ten days prior to application submittal. The applicant will provide to the city one first class stamp or cash in lieu thereof for each distinct property owner identified on such report.

(6)

Application filing fee, as set by city council resolution.

(7)

Such additional material as the city may reasonably require, or the applicant may wish to submit pertinent to the application.

(8)

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, §§ 34, 35, 9-23-2019)

Upon submission of a complete application to the city, and following a sufficient period of time to allow the city staff and referral agencies to review and make recommendations thereon, the planning commission shall review the application and make a recommendation to the city council for approval, approval with conditions, or denial.

(Ord. No. 7-2009, § 1, 10-28-2009)

(a)

Following planning commission action, city council shall conduct a public hearing on the conditional use application. The city will prepare and send a notice of the public hearing in envelopes supplied by the city, with postage applied, by first class mail to the owners of record of real property within 300 feet of the property 14 days before the public hearing, which notice shall be given based upon the list provided in the application. A notice of public hearing shall also be published by the city, at the applicant's expense, 14 days prior to the public hearing. The applicant shall post the property with sign(s) provided by the city 14 days before the public hearing with indication of the specifics of the proposed conditional use, including the date, time and place of the hearing.

(b)

Within 32 days of the close of the public hearing city council shall, by resolution, and on the basis of the criteria set forth in this section and the evidence presented at the public hearing, and after giving consideration to the planning commission recommendation, either approve the application, conditionally approve the application, deny the application, or refer the matter back to the planning commission for further consideration.

(Ord. No. 7-2009, § 1, 10-28-2009; Ord. No. 7-2019, § 36, 9-23-2019)

City council and the planning commission shall consider the following criteria when evaluating a request for approval of a conditional use:

(a)

Compatibility with the surrounding area;

(b)

Harmony with the character of the neighborhood;

(c)

Whether there exists a need for the proposed use;

(d)

The effect of the proposed use upon future land uses or the development of the immediate area;

(e)

Whether the exception from the standard code requirements or limitation is warranted by virtue of design and amenities incorporated into the development proposal;

(f)

Whether the existing and proposed streets are suitable and adequate to carry the anticipated traffic within the development proposal and its surrounding vicinity;

(g)

Whether the proposal will result in an over intensive use of land or depletion of natural resources;

(h)

Whether the proposal will require a level of community resources greater than that which is available;

(i)

Whether the proposal will cause significant air, odor, water, light, or noise pollution;

(j)

Whether the proposed use will conform with, or further the goals, policies and strategies set forth in the city's comprehensive plan.

(Ord. No. 7-2009, § 1, 10-28-2009)

(a)

Approval of a conditional use by the city shall lapse and be considered null and void if the use itself, or if permanent construction in conjunction with such use, has not commenced within one year of the approving action.

(b)

Failure to use property for the uses authorized by such conditional use approval for a period of 12 consecutive months shall terminate the right to use the property for the specified conditional use.

(Ord. No. 7-2009, § 1, 10-28-2009)