(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)