(a)

The procedure for changing the boundaries or area of any zone district, or for changing the zoning classification of any parcel of land within the city, as shown on the official zoning map of the city, herein referred to as "rezoning" shall be as provided in this article.

(b)

A rezoning may be initiated by:

(1)

The owner of the property proposed to be rezoned;

(2)

Any person, firm or corporation with the written consent of the owner of the property proposed to be rezoned;

(3)

The planning commission ("city-initiated"); or

(4)

The city manager of the City of Sheridan ("city-initiated").

(c)

A city-initiated rezoning of land to the PUD zone district shall require the consent of all fee owners of the property proposed to be rezoned. Rezoning of land in an existing PUD zone district to a zone district other than the PUD zone district may be city-initiated without the consent of the owners.

(d)

The procedure for the initial zoning of property annexed or to be annexed to the city shall follow, to the extent practicable, the procedures applicable herein to rezonings. In such circumstances, the zoning procedures may be instituted at any time after a resolution of intent to annex is adopted pursuant to C.R.S. § 31-12-106, as amended, or after a petition for annexation or a petition for annexation election has been found to be valid in accordance with C.R.S. § 31-12-107, as amended.

(1)

No ordinance initially zoning property annexed to the city shall be adopted on second reading prior to the date the annexation ordinance is adopted on second reading.

(2)

Property annexed to the city shall be initially zoned by the city within 90 days after the effective date of the annexation ordinance. Any requirements set forth herein, and not required by statute, shall be modified to the extent necessary to meet the 90-day requirement.

(Ord. No. 7-2009, § 1, 10-28-2009)

(a)

A pre submittal conference with the zoning administrator shall be requested by the applicant in order to facilitate dialogue between the city staff and the applicant regarding the proposed rezoning.

(b)

The zoning administrator shall informally review the feasibility, location, and potential process of the rezoning. Within 16 days of the pre-submittal conference, the applicant will be sent a letter containing the items to be included with the application as well as an explanation of the rezoning procedures.

(c)

At the time of a request for a pre-submittal conference and review, the applicant shall submit a sketch plan of the site and immediate vicinity of the proposed rezoning. The plan should be prepared to scale and it shall show existing streets abutting the site, major drainage channels, adjacent land uses, and proposed land uses on the site.

(d)

Prior to submitting an application for rezoning, each applicant shall meet with residents and owners of property in the vicinity of the site. The applicant will submit to the zoning administrator a list of owners of all property located within 300 feet of the exterior boundaries of the property subject to the proposed rezoning, along with the current addresses of all such owners as shown by the records of the Arapahoe County assessor as of ten days prior to application submittal, and one first class stamp or cash in lieu thereof for each distinct property owner identified on such list. The zoning administrator shall schedule the meeting and mail, in envelopes supplied by the city with postage applied, notices by first class mail to the owners identified in the above-mentioned list 14 days prior to the meeting.

(Ord. No. 7-2009, § 1, 10-28-2009; Ord. No. 7-2019, § 38, 9-23-2019)

A request for rezoning or initial zoning of property shall conform to the following specific procedure.

(1)

Application for rezoning shall be filed on an application form provided by the city. The application must include:

a.

A written description of the proposed use including any conditions or restrictions to be imposed by the city;

b.

A list of owners of all properties located within 300 feet of the exterior boundaries of the property subject to the proposed rezoning, along with current addresses of all such owners as shown by the records of the Arapahoe County assessor as of ten days prior to application submittal, and one first class stamp or cash in lieu thereof for each distinct property owner identified on such list. Any notification required by the ordinance from which this article was derived shall be deemed sufficient if mailed in reliance of such a list;

c.

Application filing fee as set by city council resolution; and

d.

Proof of compliance with the neighborhood meeting requirement set forth in section 56-582(d), such as a sign-in sheet and notes from such meeting.

(2)

If the requested rezoning for the parcel is for a PUD district, the applicant also shall include with the application all information required by article XVI of this chapter and certification of notice to mineral estate owners of record pursuant to C.R.S. § 24-65.5-103, as amended. Such notice shall include all information required by such statute, as well as the time and place of the initial public hearing, the nature of the hearing, the location of the property that is the subject of the hearing, and the name of the applicant.

(3)

An application for a rezoning to the COM-N, BUS-1, BUS-LI, COM-C, MX-C, IND and MH districts shall be accompanied by a conceptual site plan.

a.

The conceptual site plan is intended to supply enough information about the development for the zoning administrator to evaluate and for the planning commission and city council to make a decision on the rezoning application. The information to be supplied will be determined by the zoning administrator as part of the pre-application review, but should generally include:

1.

Location of all existing and proposed structures, and the uses contained or to be contained therein;

2.

Location and flow of all vehicular and pedestrian circulation systems, malls and parking area;

3.

Location and size of signs;

4.

Barriers and screening designed to protect adjacent property from encroachment by lights and noise;

5.

Size and location of landscape areas; and

6.

Drainage patterns.

b.

The conceptual site plan shall be considered part of the rezoning application and shall become a condition of the zoning.

c.

The zoning administrator may waive or defer the requirement for the conceptual site plan for:

1.

City-initiated rezonings;

2.

Rezonings related to an annexation; and

3.

Other situations for which the zoning administrator determines that the requirement for a conceptual site plan at the time of rezoning is not in the best interest of the city. If the requirement for a conceptual site plan is deferred, the planning commission shall consider the conceptual plan at a subsequent public hearing prior to the issuance of building permits. The reasons for waiving or deferring the conceptual site plan requirement shall be incorporated into staff recommendations to the planning commission on the rezoning request. The planning commission or city council may require a conceptual site plan even if it has been waived or deferred by the zoning administrator.

(4)

Applications for the rezoning shall be filed with the zoning administrator not less than 45 days prior to the meeting at which said rezoning request will be considered by the planning commission.

(5)

After receipt of the application, the zoning administrator shall notify by first class mail, in envelopes provided by the city with postage applied, the owners of properties located within 300 feet of the exterior property lines of the property containing the proposed rezoning that a rezoning application has been filed and that they may review the application during the planning commission's regular hours. The notice will also contain the date, time and location of the planning commission hearing and will be mailed 14 days prior to the public hearing.

(6)

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, § 39, 9-23-2019)

(a)

Notice of the planning commission public hearing shall be published by the city, at the applicant's expense, once in a newspaper of general circulation within the city at least 14 days prior to the hearing. In addition, the site in question shall be continuously posted by the applicant with a sign provided by the city for a period beginning 14 days prior to the date of the hearing. The sign shall contain the name of the applicant, description or street address of the property concerned, a statement of the nature of the proposed amendment, and the date, time and place of the hearing.

(b)

The planning commission shall conduct a public hearing on the application. At the conclusion of the hearing, the planning commission shall forward to the city council its recommendation regarding the proposed rezoning as provided below, or may delay such recommendation for a period not to exceed sixty days unless authorized by the applicant.

(c)

The planning commission shall provide to the applicant its written findings and recommendation on the application in the form of a resolution. The written findings and recommendation shall include a statement of the commission's findings and conclusions upon all relevant issues of fact or law raised by the application, and a recommendation for approval or denial thereof. A copy of the written findings and recommendation also shall be mailed to any other person who requests in writing a copy thereof.

(d)

If the recommendation of the planning commission is to approve the rezoning, the planning commission shall transmit to the city council a copy of its written findings and recommendation and the entire written record of the application and hearing, including the application itself and any written evidence, exhibits, and other papers or matters considered by the planning commission. City council may review the tapes or transcripts of testimony presented at the planning commission hearing. The applicant may request that such materials not be transmitted to the city council for a period of time not to exceed six months from the date of planning commission's written findings and recommendation, or the applicant may withdraw his application at any time.

(e)

If the recommendation of the planning commission is to deny the rezoning, the materials described in subsection (d) of this section shall be transmitted to the city council only upon written request of the applicant filed with the zoning administrator not later than 30 days after the day at which the planning commission recommended the denial.

(f)

No substantive amendment to an application for a rezoning may be made after a decision on the rezoning has been made by the planning commission, prior to city council consideration.

(Ord. No. 7-2009, § 1, 10-28-2009; Ord. No. 7-2019, § 40, 9-23-2019)

(a)

Notice of the council's consideration of the rezoning ordinance on second reading, and of the council's consideration hearing thereon, shall be provided by publication once in a newspaper of general circulation within the city at least seven days prior to the hearing, at the applicant's expense, and continuously posting of the site by applicant with a sign provided by the city for a period beginning not less than 14 days prior to the hearing.

(b)

Upon consideration of the rezoning ordinance on second reading, the council may consider only the record before the planning commission, the written findings and recommendation of the planning commission, any previously filed written objections to those findings and recommendation, and the comments, evidence and testimony, related thereto made during the council hearing.

(c)

After its hearing, the council may:

(1)

Continue the matter by remanding consideration of the rezoning to the planning commission for further proceedings as the council may direct;

(2)

Revise the planning commission's findings of fact if such revision is supported by evidence, and proceed to vote upon the rezoning ordinance;

(3)

Adopt the planning commission's findings of fact and proceed to vote upon the rezoning ordinance; or

(4)

Table its decision to a specified date.

(d)

Final action by the city council on the rezoning ordinance shall be taken within ninety 90 days after the date of the close of the council's hearing on the ordinance, or within 30 days after the date the council received the ordinance after remand to the planning commission, whichever is later. Failure to take final action within such period shall be considered a final decision of the council denying the rezoning.

(e)

The city clerk shall provide written notice to any person who has requested in writing to receive such notice, the results of the council's final action adopting or rejecting the rezoning ordinance.

(Ord. No. 7-2009, § 1, 10-28-2009)

To promote stability in zoning and appropriate development of property within the city, no application for rezoning of property shall be approved unless it is demonstrated:

(a)

That the proposed zoning promotes the health, safety or welfare of the inhabitants of the city and the purposes of this article; and

(b)

At least one of the following additional factors exist:

(1)

The proposed zoning is consistent with the goals of the comprehensive plan;

(2)

There has been a material change in the character of the neighborhood or in the city generally, such that the proposed zoning would be in the public interest and consistent with the change; or

(3)

The property to be rezoned was previously zoned in error.

(Ord. No. 7-2009, § 1, 10-28-2009)

(a)

As a condition of approval of any application for initial zoning or for rezoning, city council 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.

(b)

City council shall have the authority to assess school and parkland dedications at the time of property zoning and rezoning for those zoning changes which increase the potential number of dwelling units on the property. Such dedications shall be in accordance with the provisions of Article 6 of Chapter 55 (Dedications). Assessment of fees in lieu of land dedication shall occur at the time of zoning, and shall be based upon permitted uses on the site. Said fees shall be collected at the time of subsequent subdivision or building permit issuance, whichever shall occur first. Fees shall be adjusted as necessary at the time of either subdivision or building permit issuance to reflect development which results in densities and/or unit types different from those assumed at the time of initial assessment. Conveyance of land to be dedicated shall occur at the time of subsequent subdivision, or prior to issuance of any building permits.

(Ord. No. 7-2009, § 1, 10-28-2009)