Unless otherwise specified in this chapter, all new and substantially altered commercial and multifamily (three or more units within a building or upon one lot) development shall comply with all applicable standards within this code and within the town's adopted building code.

A.

The town shall evaluate the design and location of structures, landscaping, parking, utilities and other development features of those applications involving commercial and multifamily structures and/or improvements, according to the following standards of this chapter.

B.

The development standards set forth in this chapter are intended for the following purposes:

1.

To assist in planning an organized, thoughtful and harmonious pattern of commercial and residential multifamily uses reflective of a small town atmosphere which maintains a pedestrian friendly community for all ages, avoids traffic congestion, centralizes major commercial and civic centers, and scales development appropriately;

2.

To encourage important site layout and planning of new business and multifamily residential developments which will impact the shape, nature and character of the town's community for years to come;

3.

To allow for the preservation and enhancement of the natural, scenic and historic characteristics of the community by:

a.

Encouraging a western architectural and development theme reflecting the town's ranching, mining, agricultural and natural heritage;

b.

Restricting development in important natural, scenic, riparian or wildlife areas;

c.

Requiring development impacts to be mitigated through landscaping, including planted streetscapes and parking lots;

d.

Requiring thoughtful site layout of developments;

e.

Encouraging environmentally sensitive development and building practices;

4.

To assist with the consistent application of all pertinent town codes for signs, lighting, streets, parking, utilities, building placement, landscaping, etc.

(Ord. 18-01 § 1 (part))

(Ord. No. 2-2013, § 1, 2-11-2013)

This chapter governs all new development of property on or after the effective date of the ordinance codified in this chapter.

(Ord. 18-01 § 1 (part))

The board of trustees shall set the fee for site plan review per this chapter annually by resolution, or as often as necessary, in the board's sole discretion. This fee is in addition to any other applicable fee by the code or by resolution. The applicant for a site plan review shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, outside consultant fees and engineering fees, plus appropriate administrative fees, if any.

(Ord. 18-01 § 1 (part))

(Ord. No. 8-2012, § 1, 4-23-2012)

Examples of criteria used in categorizing permitted uses and their associated planned activities are listed below:

A.

Building characteristics and site arrangement;

B.

Relative amount of floor space, equipment, or site area dedicated to the planned activity;

C.

Similarity of actual or projected characteristics of the planned activity to the characteristics of each use category cited in the town's codes;

D.

Relative amount of sales expected from each planned activity;

E.

Type of customer or product associated with each planned activity;

F.

Relative number of employees associated with each activity;

G.

Hours of operation;

H.

Types of vehicles and intensity of vehicle usage associated with each planned activity;

I.

Degree of separation or isolation of the planned activity from other activities at the proposed location and from adjacent property activity;

J.

Type and magnitude of impact on the community's environment.

(Ord. 18-01 § 1 (part))

All new construction for commercial and multifamily (defined as three or more units within one building or upon one lot) permitted uses as described in this code require a site plan review.

(Ord. 4-03 § 1 (part))

(Ord. No. 2-2013, § 1, 2-11-2013)

A.

An applicant for commercial or multifamily site plan review shall provide such written information on the land use application form and on forms provided by the town, plus any other supplemental information needed to convey information to the commission, including the following:

1.

A description of the proposed land use(s);

2.

A statement of the planning objective(s);

3.

A description of adjoining land use(s) and zoning;

4.

Existing zoning of the subject property;

5.

A statement regarding the proposal's conformance with the comprehensive plan and zoning; and

6.

A site plan map(s) depicting all proposed land use, including utilities, landscaping, structures, parking, and other development of any kind.

B.

Following the town's review of an applicant's commercial and/or multifamily site plan application, the town staff shall determine whether application for site plan review is complete, and if it is, he shall refer the application to the planning and zoning commission within 30 days of such determination of completeness.

C.

The planning and zoning commission shall review the application for code compliance at a public hearing held at a regularly scheduled meeting and shall approve, approve with conditions or deny the application.

D.

If the planning and zoning commission approves such application, applicant may submit to the town a building permit application.

E.

If the planning and zoning commission approves such application with conditions, applicant may either submit to the town a revised site plan with a building permit application, or conversely, if applicant does not agree to such conditions, applicant may appeal such conditions to the board at a regularly scheduled meeting, as determined by the town administrator or his designee.

F.

If the planning and zoning commission denies the application, applicant may appeal such decision to the board at a regularly scheduled meeting, as determined by the town administrator or his designee.

G.

Approval. An approval for any commercial or multi-family site plan review is good for one calendar year from date of approval. An applicant must obtain a building permit within that one-year time frame. Two six-month extensions may be granted. An extension may be obtained upon delivery of a formal letter of request to the director of community development or a staff member designated by the town manager. The letter of request must be submitted prior to the lapse and approval. If a building permit is not issued within two years, the approval shall be considered lapsed and null and void. An applicant will have to reapply for a site to plan review application.

(Ord. No. 2-2013, § 1, 2-11-2013; Ord. No. 7-2022, § 1, 5-23-2022)

A.

All new construction for commercial and multifamily (defined as three or more dwelling units within one building or upon one lot) special uses as described in this code shall also require a site plan review.

B.

Any use not specifically described in Title 17 of this code as a permitted use, special use or prohibited use shall be designated a special use for purposes of this chapter. In addition, specifically the following uses require a special use permit and a site plan review, which may occur concurrently:

1.

Buildings over three stories in height;

2.

Buildings over 35,000 square feet in gross floor area;

3.

Site plan proposals that include more than two accessory buildings on a lot; and

4.

Site plan proposals that have more than one land use on the property.

C.

Any landscaping greater than 150 square feet within any public right-of-way that is located within or abuts any zone district that permits commercial or multi-family residential uses shall require a landscaping plan review in accordance with Section 17.42.110.

(Ord. 4-03 § 1 (part))

(Ord. No. 2-2013, § 1, 2-11-2013; Ord. No. 17-2020, § 1, 1-11-2021)

All new commercial and multifamily (three or more dwelling units within a building or upon one lot) development occurring within the town, whether constructed at one time or in phases, shall be done in strict accordance with all requirements established by the town, including, but not limited to, these standards:

A.

Maximum lot coverage for all buildings on a lot, including above grade parking structures, shall not exceed 80 percent;

B.

Streets shall be constructed in conformance with the town's design standards within Title 16 of this code relative to type and location, and subject to town's review and approval. All streets shall be identified on the site plan as local streets, collector streets, sub-arterial streets, or arterial streets for the purposes of establishing street and sidewalk (trail) parameters, appropriate setbacks, screening requirements, signage, etc.

C.

Notwithstanding those building setbacks related to commercial and multifamily zone districts in this code, residential multifamily structures shall adhere to the following:

1.

Street yard setback from property line to structure—20 feet;

2.

Front yard setback from property line to structure—20 feet;

3.

Right-of-way or parkland setback from property line to structure—20 feet;

4.

Side yard setback from property line to structure—ten feet;

5.

Rear yard setback from property line to structure—20 feet.

D.

Underground Setbacks from Property Line to Structure. All underground parking or other structures related to underground parking shall have a minimum 15-foot setback from property line to structure.

E.

Utility and Access Easements. In order to ensure that adequate space is reserved for the installation and maintenance of all utility services and public sidewalks, utility and pedestrian access easements of no less than 15 feet in width shall be provided within all yards that abut a street right-of-way, unless:

1.

The required yard abuts a local street, as defined in this code, that has adequate area within the street right-of-way to accommodate all utilities and public sidewalks;

2.

Provision for a utility and pedestrian access easement at least 15 feet in width, or a width as determined by the town that accomplishes the same purpose has been otherwise established; or

3.

Said utility and pedestrian access easements are already located on private property, parallel to, and abutting the street right-of-way line and fully extend across each property in order to create a contiguous utility easement along the entire length of the street right-of-way.

F.

Public Sidewalks and Pathways. All site plans shall graphically demonstrate consistency with the provisions of the comprehensive plan relative to public pathways or indicate in writing why the development site should not be obligated to provide such pathways. Additionally, the following provisions apply:

1.

Public Sidewalks. Applicant shall provide public concrete sidewalks in conformance with town standards in Title 16 of this code, and such construction of sidewalks shall be in conjunction with any street construction, including improvements to existing streets. Public sidewalks shall be located within street rights-of-way or within utility and pedestrian access easements as required herein. Installation of public sidewalks on private property otherwise may be permitted, provided the necessary public access easements are secured and subject to the approval of the town. Generally, concrete sidewalks shall be six feet wide on residential properties and ten feet wide on B-1, B-2 and B-3 commercial properties, unless the town determines another width is more desirable. Further, the town, in its sole discretion, shall determine if a sidewalk or a pathway is more desirable for B-industrial zoned properties.

2.

Public Pathway. Applicant shall install public pathways suitable for joint pedestrian and bicycle use as determined by the town. At a minimum, any development in proximity to (within 100 feet of) the Colorado River shall not preclude access to and around the existing river channel via public pathways suitable for joint pedestrian and bicycle use.

(Ord. 18-01 § 1 (part))

(Ord. No. 2-2013, § 1, 2-11-2013)

A.

An applicant for commercial development in a commercial PUD, B-1, B-2 or B-3 zone district shall select building materials and shall design structures in order to achieve and maintain high architectural standards by avoiding boxy or monotonous industrial appearances. An applicant can achieve this effect by adding thoughtful architectural design elements into each building that may include some or all of the following:

1.

Varying and/or intersecting rooflines;

2.

Dormers, porches, cantilevers, covered walkways;

3.

Architectural stone work or stucco; or

4.

Trim detail around lighting, windows, doors, soffit and fascia.

B.

An applicant for commercial development in a commercial PUD, B-1, B-2 and B-3 zone district shall provide exterior treatments as follows:

1.

Applicants who propose building bays wider than 60 feet shall include such architectural features as columns, ribs, pilasters or the like;

2.

An applicant shall avoid building facades that have blank, uninterrupted lengths of more than 60 feet without containing at least two of the following: change in plane, change in texture or masonry pattern, large windows, columns, ribs, pilasters or the like;

3.

An applicant shall include consistent architectural materials and design characteristics on all sides of a proposed building, and may not use inferior or substandard quality materials for side or rear facades;

4.

An applicant utilizing lower exterior wainscoting shall conform to the following:

a.

Integrally textured materials such as stone or other masonry;

b.

Variously textured material combinations such as stone/wood, stone/stucco, wood/stucco, brick/wood or any such combination;

c.

Integrally colored and patterned materials such as smooth rock, granite or tiles;

d.

Variously colored and/or pattered materials such as mullions, panels or planters; and

e.

Design patterns such as ledges, sills, headers, parapets or other wall variations.

5.

An applicant utilizing exterior facade treatments on or near the top of the building must be recognizable from any street, parking lot or open space and consist of one of the following:

a.

Cornice treatments, other than just colored "stripes" or "bands," with integrally textured materials such as stone or other masonry, or differently colored materials;

b.

Sloping roof with overhangs or brackets;

c.

Stepped parapets;

d.

Clerestory windows or other window accents.

6.

An applicant shall utilize exterior building materials that are high-quality, including but not limited to brick, sandstone or other native stone, treated wood siding (may include reclaimed barn wood, if adequately integrated into facade), stucco or tinted/textured concrete masonry unit.

C.

An applicant for commercial development in the B-industrial zone district shall select exterior siding that is long lasting, non-fading and can withstand the elements, but may not include solely metal siding on all sides of the building, unless applicant proposes such landscaping improvements as to mitigate the effect of such boxy or monotonous industrial appearance.

(Ord. 18-01 § 1 (part))

(Ord. No. 2-2013, § 1, 2-11-2013)

A.

An applicant for multifamily residential development in any PUD or residential zone district shall select building materials and shall design structures in order to achieve and maintain high architectural standards that avoid boxy or monotonous appearances by using the following combination of two or more of the following elements:

1.

Varying and/or intersecting rooflines;

2.

Dormers, porches, cantilevers, covered walkways;

3.

Architectural stone work or stucco;

4.

Trim detail around lighting, windows, doors, soffit and fascia; or

5.

Other architectural enhancements reviewed and approved by town.

B.

An applicant shall include consistent architectural materials and design characteristics on all sides of a proposed building, and may not use inferior or substandard quality materials for side or rear facades.

C.

An applicant utilizing lower exterior wainscoting shall use a combination of the following:

1.

Integrally textured materials such as stone or other masonry;

2.

Variously textured material combinations such as stone/wood, stone/stucco, wood/stucco, brick/wood or any such combination;

3.

Integrally colored and patterned materials such as smooth rock, granite or tiles;

4.

Variously colored and/or pattered materials such as mullions, panels or planters; and

5.

Design patterns such as ledges, sills, headers, parapets or other wall variations.

D.

An applicant proposing exterior facade treatments on or near the top of the building shall design such treatments so that they are recognizable from any street, parking lot or open space and consist of at least one of the following:

1.

Cornice treatments, other than just colored "stripes" or "bands," with integrally textured materials such as stone or other masonry, or differently colored materials;

2.

Stepped parapets;

3.

Sloped roof elements;

4.

Clerestory windows or other decorative window accents.

E.

An applicant shall utilize exterior building materials that are high-quality, including but not limited to brick, sandstone or other native stone, treated new wood siding, stucco or tinted/textured concrete masonry unit.

F.

An applicant shall not utilize corrugated metal unless it is used as an accent on the building (less than ten percent of total facade), or is treated to rust.

G.

An applicant shall not utilize untreated wood siding, with the exception of reclaimed barn wood, inspected and approved by the town.

H.

An applicant shall not utilize less than a 4:12 pitched roof with minimum one-foot wide eave overhangs.

(Ord. No. 2-2013, § 1, 2-11-2013)

A.

Definitions:

1.

"Berm" means an earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.

2.

"Buffer/perimeter" means a combination of physical space and vertical elements, such as plants, berms, fences or walls, primarily on the perimeter of the property or parking lot, the purpose of which is to separate and screen incompatible land uses from each other.

3.

"Building envelopes" shall be designated by lines enclosing an area in which a building is to be constructed. These lines indicate the maximum exterior dimensions of the proposed building but do not necessarily depict the shape of the exterior walls of the building.

4.

"Caliper" means the diameter of a tree trunk measured in inches at a height of four inches from the top of the root ball unplanted, or four and one-half inches from ground level if planted.

5.

"Deciduous plant" means a plant with foliage that is shed annually.

6.

"Ecosystem" means a system made up of a community of animals, plants and bacteria and the physical and chemical environment with which it is interrelated.

7.

"Evergreen" means a plant with foliage that persists and remains green year-round.

8.

"Existing vegetation" means plant materials that are already established onsite of a number, size and species that accomplish the same general function as new plantings. This vegetation is of considerable value and may reduce the required amount of proposed landscaping.

9.

"Ground cover" means plants that grow near the ground densely, and spread out, such as buffalo grass, creeping thyme, mat daisy, ice plant, creeping juniper, etc. Ground covers are highly recommended for steep slopes where mowing is difficult.

10.

"Landscaping" means any combination of living plants such as trees, shrubs, plants, vegetative ground cover and turf grasses, and may include natural non-living elements such as rock, stone, bark, as well as structural features, including, but not limited to walks, fences, benches, works of art, reflective pools and fountains. Landscaped areas shall consist of at least 75 percent organic plant materials. The remaining 25 percent of the landscaped areas may consist of inorganic materials.

11.

"Ornamental plant" means a deciduous woody plant planted primarily for its ornamental value or for screening purposes, which tends to be smaller at maturity than a shade tree.

12.

"Landscape professional" means a landscape architect, draftsperson, surveyor, architect or landscape designer who has been trained and educated in the field of landscaping and earns a living preparing landscape site plans.

13.

"Screening" means a method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls or any appropriate or allowed combination thereof. Evergreen plant material provides a denser screen throughout the entire year. Vines soften the harsh effect of fencing. Any such screening and landscaping shall be subject to the provisions of this code.

14.

"Shade/street tree" usually means a deciduous tree (rarely an evergreen), planted primarily for its high crown of foliage or overhead canopy, which provides shade and cooling properties.

15.

"Shrub" means a woody plant, smaller than a tree, which consists of several small stems from the ground or small branches near the ground, and which may be deciduous or evergreen. All shrubs as required by this code must be a minimum size of five gallons.

16.

"Specimen" means a particularly impressive or unusual example of a species of tree due to its size, shade, age or any other trait that epitomizes the character of the species.

17.

"Tree" means a large, woody plant having one or several self-supporting stems or trunks and numerous branches (may be classified as deciduous or evergreen).

(Ord. 18-01 § 1 (part))

The town landscape design guidelines have been created in order to enhance the town's unique character, to preserve the natural beauty and balance of the surroundings and to mitigate possible negative effects from growth. The town shall evaluate all applications in light of the following goals of this ordinance:

A.

Protect the natural ecosystem and strive toward the preservation of healthy plant materials;

B.

Minimize the visual impact of site development and restore areas subject to cuts and scarring, particularly hillsides;

C.

Preserve existing character of the area;

D.

Preserve visual corridors;

E.

Provide for well-designed development as well as natural landscapes within the town.

(Ord. 18-01 § 1 (part))

A.

An applicant for commercial or multifamily site plan review shall submit to the town at the time of site plan application submittal a landscape plan drawn to a scale that adequately depicts all required landscaping elements required by this title.

B.

An applicant for a large project that includes 20 commercial and/or residential units or more, or includes more than 30,000 square feet of gross commercial floor area shall submit to the town a landscape plan prepared by a landscape architect or other landscape professional.

C.

Landscape Plan Review. An applicant for commercial or multifamily site plan review shall include the following in any landscape plan submittal at the time of commercial or multifamily site plan:

1.

Certified survey with two-foot contours and with a scale not to exceed one inch equals 20 feet that indicates the following:

a.

Boundaries of lot or parcel proposed for development, including adjacent rights-of-way;

b.

Location of existing and proposed improvements (curb, gutter, sidewalk, structures);

c.

Proposed grading at a two-foot contour interval for all areas;

d.

Existing and proposed vegetation;

e.

Key that indicates the size and species of trees, shrubs and ground cover, which includes scientific and general names;

f.

Existing and/or proposed automatic irrigation system, with rain-off sensor;

g.

Written statement that lists lot coverage of buildings, parking lot area (sf), landscaping area (sf), etc.;

h.

Proposed entry gates, signage plan and elevation drawings;

i.

Phasing plan, if applicable;

j.

Method of reclamation for the repair of cut/fill areas and other landscape disruptions caused by construction;

k.

Vicinity map at a scale of one inch equals 500 feet, that shows at a minimum three blocks around the subject site.

D.

The town may not issue a certificate of occupancy prior to landscaping installation, unless applicant submits a landscaping bond in an amount equal to the proposed cost of landscaping improvements.

E.

The town shall verify compliance with the approved landscape plan, prior to issuance of certificate of occupancy or prior to release of landscaping bond.

(Ord. 18-01 § 1 (part))

(Ord. No. 2-2013, § 1, 2-11-2013)

The following design guidelines apply to all commercial projects and all multi-family projects with three or more dwelling units within one building or upon one lot:

A.

Critical wildlife areas as determined by the Colorado Division of Wildlife (CDOW), and natural open space, as determined by the town, shall be preserved. No construction, development or improvements within these areas shall occur other than those developments approved by the town, with recommendations from the CDOW.

B.

Driveways/access roads, due to impact on the site, require good planning and design. The approved access drives generally follow the natural contours of the site, around trees and significant landforms. Each access road plan shall address the following points:

1.

Cut slopes and fill embankments shall not exceed 2:1 (horizontal to vertical) without an engineered earth retention system. Soil surfaces should be covered with a layer of topsoil and appropriate vegetation. Slope stability should be addressed in the geotechnical (soils) investigation report. Grading plans and retention systems should be designed by the applicant's engineer(s) based on the recommendations of the geotechnical study.

2.

All efforts shall be made by the applicant to minimize the overall impact of access drive construction.

3.

Plant materials may not exceed 30 inches in height within the sight distance triangle, as defined elsewhere in this code, at intersections and at driveways or access points.

4.

Existing farm roads should be incorporated into subdivision design, if practical.

C.

Parking Lot Standards. All parking lots with 15 spaces or more, or 4,500 square feet or more, shall comply with this section. The requirements of this section are intended to reduce glare from car headlights, to separate pedestrians from automobile fumes and dust, to modify the rate of storm water runoff, to provide shade and noise attenuation, and to distribute plantings evenly in and around parking areas to prevent two lots, held in separate ownership, from becoming one large expanse of paving.

1.

Whenever a requirement for plantings is made based on square footage or linear footage, the requirement will always be rounded up to the next number of items required. For instance, if one tree for every 35 linear feet is required, two trees are required for 38 linear feet.

2.

Provisions must be made for permanent irrigation of all plant material in parking lots. The property owner shall be responsible to maintain any vehicular use area in good condition and free of refuse and debris. All landscaping must be kept in a green and growing condition.

(Ord. 18-01 § 1 (part))

Any grading shall be planned and accomplished to minimize disruption to the existing ecosystem and to minimize alteration of the topography. All new development, as defined by this chapter, shall adhere to the following guidelines:

A.

No grading shall occur outside the building envelope, except for erosion repair, access or drainage structures as approved by the town.

B.

Cut slopes and fill embankments shall be a maximum of 2:1 slope, unless engineered earth retention walls are reviewed and approved by the town. Cut slopes and fill embankments need to be re-vegetated as soon as possible. No exposed cuts or fills shall be allowed within the building envelope, including exposed drainage ditches. Areas requiring significant grade changes shall be accomplished with earth retaining systems, which may include architectural extensions of the building.

C.

All disturbed areas on a lot shall be re-vegetated with appropriate plant materials from the recommended plant list in this chapter.

D.

All natural drainages shall be maintained in their original configuration, as much as practical, with stabilization and re-vegetation of eroding segments. Retention and detention ponds and low-flow structures shall be designed in a natural fashion with curvilinear shapes, gentle slopes and vegetation.

(Ord. 18-01 § 1 (part))

The landscape strip standards are flexible, but an applicant must fulfill one of the next four options adjacent to the public right-of-way:

A.

Provide a berm on the property that is at least two and one-half feet higher than the finished floor elevation of the parking lot, to include one shade tree and five shrubs for every 35 linear feet of frontage. Berm shall be designed to achieve a 2:1 slope.

B.

Provide a six-foot wide landscaped strip between the right-of-way and the parking lot. One shade tree and five shrubs are required for every 35 linear feet of frontage.

C.

Provide a three-foot high fence of brick, stone or architectural concrete to screen the lot from the right-of-way. In addition, a four foot buffer strip must be provided, planted with one shade tree per 35 linear feet of frontage.

D.

Preserve a 25-foot wide strip the length of the property, in lieu of the landscaping requirement. This option may be appropriate along the Colorado River corridor.

(Ord. 18-01 § 1 (part))

Requiring perimeter landscaping between adjacent parking lots does not preclude the need to provide vehicular access between the lots. In addition, land-scape screening must be provided where a commercial lot is contiguous to a residentially zoned lot.

A.

If the parking lot is 5,000 square feet or smaller, the landscaped perimeter strip must be at least four feet wide. One tree and three shrubs are required for each 35 linear feet of perimeter.

B.

For parking lots larger than 5,000 square feet, the landscaped perimeter strip must be at least five feet wide. One tree and three shrubs are required for each 35 linear feet of perimeter.

C.

The owner may preserve at least 25 feet of existing approved vegetation along the parking lot perimeter. One tree and three shrubs are required for each 35 linear feet of perimeter.

D.

In addition, all sidewalks shall be separated from the back edge of curb by a minimum distance of four feet to accommodate a planting strip.

E.

All planting strips shall include street trees, shrubs and grasses. Plant materials may not impede sight lines or maintenance of the roadway or sidewalk. Up to 25 percent (including driveways and walkways) of the planting strip may be hard-surfaced with concrete, brick and composite pavers.

(Ord. 18-01 § 1 (part))

Interior parking lot landscaping adds shade, serves as a windbreak and assists with vehicular circulation. Landscaping also reduces heat and glare and screens cars from adjacent properties. The interior of all parking lots shall be landscaped as follows:

A.

One landscaped island, parallel to parking spaces, is required for each ten parking spaces.

B.

Landscape islands must be at least 80 square feet in area, and a minimum of 40 square feet of continuous pervious land area.

C.

One landscaped divider island, parallel to the parking lot drive aisles, designed to prevent diagonal movement across the parking lot, shall be located for every three parking lot drive aisles.

D.

A landscape island with raised concrete curbs is required at the end of every row of parking spaces, regardless of length or number of spaces.

E.

Barrier curbing on all sides adjacent to the parking lot surface is required to protect each landscape island from vehicles.

F.

A corner area (where it is not feasible to park a vehicle) may be considered an end island for the rows of parking on the perimeter of the parking lot.

G.

Landscaping of the interior of parking lot shall include trees and shrubs.

H.

Permanent irrigation systems must be installed to serve all vegetative material.

(Ord. 18-01 § 1 (part))

An applicant for commercial or multifamily site plan review shall adhere to the following landscaping installation guidelines:

A.

Applicant shall not plant or remove vegetation in native areas, except in the following instances, for purposes of: construction within building envelope, weed eradication, landscape restoration, wildlife enhancement, agricultural improvement and/or trail installation.

B.

Applicant shall, where possible, utilize plant materials that are not waterintensive, exclusive of initial planting and establishment.

C.

Applicant shall use new plant material that meets the following specifications:

1.

Deciduous trees shall be a minimum 2.5″ caliper;

2.

Ornamental trees shall be a minimum 2.5″ caliper or six-inch clump; and

3.

Shrubs shall be a minimum five-gallon container.

D.

Applicant may receive credit towards landscaping requirements for existing evergreen trees, as reviewed and approved by the town.

(Ord. 18-01 § 1 (part))

(Ord. No. 2-2013, § 1, 2-11-2013)

The applicant and subsequent property owner shall guaranty that all plants remain in a healthy condition, and shall make any and all necessary replacements at his expense.

(Ord. 18-01 § 1 (part))

(Ord. No. 2-2013, § 1, 2-11-2013)

An applicant for commercial or multifamily site plan review shall provide adequate offstreet parking pursuant to this code to adequately provide for all anticipated users.

A.

Staged Parking Plan. An applicant for commercial or multifamily site plan review may request and the town may grant, upon its review, a staged development plan when the off-street parking spaces required are not immediately needed for a particular use. However, notwithstanding the foregoing, in no event shall the applicant initially pave fewer than 65 percent of the required spaces.

1.

Applicant shall submit a staged parking plan that clearly indicates both that portion of the parking area to be paved initially and that portion of the parking area proposed for future improvement, in compliance with code requirements regarding the total number of parking spaces. The applicant shall also provide a date by which the future improvements are to be completed, subject to the town's review and approval.

2.

Applicant shall submit a staged parking plan that includes a drainage plan that addresses and mitigates storm water (100-year event) without degradation to structure, landscaping or other improvements due to phasing of construction of parking lot, subject to the town's review and approval.

3.

Applicant shall apply ground cover to that area of the parking lot proposed for future construction, in order to prevent erosion and as a dust control measure, all subject to the town's review and approval.

B.

Applicant for commercial or multifamily site plan review shall propose off-street parking spaces constructed of an improved hard surface of concrete, asphalt or other town approved materials, constructed in accordance with the town's engineering standards.

C.

Applicant for commercial (B-1, B-2, B-3 and commercial PUD zone districts) or multifamily (residential zone districts) site plan review shall provide for bicycle parking situated in such areas as to minimize vehicular and pedestrian congestion, and provided such that two bicycle spaces are provided for every ten required off-street parking spaces.

D.

Applicant for commercial site plan on a B-industrial zoned parcel may request, and the town may grant, approval of a portion of the parking area that is improved with gravel and/or road base instead of a permanent surface. Applicant shall indicate within the application the reasons for such request and the method(s) by which parking and vehicular travel shall occur.

(Ord. 18-01 § 1 (part))

(Ord. No. 2-2013, § 1, 2-11-2013)

Adequate area shall be provided for on-site loading and receiving operations such that maneuvering of trucks and other vehicles do not encroach upon any street. The parking, storage, loading, unloading or staging of trucks or truck trailers on any street is strictly prohibited.

A.

Loading Doors Placement. The orientation of loading doors shall be governed as follows:

1.

Major Street. No loading doors shall face the street.

2.

Secondary Streets. Loading doors may face the street provided that the building is set back a minimum of 85 feet from the street right-of-way line and the loading and receiving area is screened from view of all public streets and street rights-of-way in accordance with the landscaping and screening requirements established herein.

3.

Truck Loading Berth Requirements. At a minimum, all uses shall provide and maintain on-site truck loading berths in the quantities stated below:

a.

Office use:

i.

0 to 20,000 GSF (Gross Square Feet of structure(s)): none required;

ii.

Over 20,000 GSF to 50,000 GSF: one additional space;

iii.

Over 50,000 GSF to 100,000 GSF: one additional space;

iv.

For each additional 100,000 GSF: one additional space:

b.

Commercial and industrial uses:

i.

0 to 10,000 GSF: none required;

ii.

Over 10,000 GSF to 20,000 GSF: one space required;

iii.

Each additional 20,000 GSF up to 60,000 GSF: one additional space;

iv.

Over 60,000 GSF to 100,000 GSF: one additional space;

v.

Each additional 50,000 GSF: one additional space.

c.

Warehousing, distribution and related uses: As approved on the site plan;

d.

Hotel use: One space per each 100,000 GSF;

e.

Restaurant use:

i.

0 to 10,000 GSF: none required;

ii.

Over 10,000 GSF to 50,000 GSF: one additional space;

iii.

Each additional 100,000 GSF: one additional space.

f.

The town shall determine the number of on-site truck loading berths required for uses not specified, based on the most similar use listed above.

g.

A structure containing more than one use must meet the truck loading berth requirements of each use unless one use occupies ninety percent or more of the gross building area, in which case the truck loading berth requirement is calculated as if that use occupied the entire structure.

h.

Truck Loading Berth Dimensions. All truck loading berths shall measure no less than 12 feet in width and 60 feet in length.

(Ord. 18-01 § 1 (part))

Pedestrian crossing areas shall be provided for each building egress or for every 125 feet of building which fronts a part of the parking area. Pedestrian crossing areas in parking lots shall be constructed of surface payers, such as brick, stone blocks, interlocking brick pavers, stamped concrete or other materials as may be approved by the town which form a smooth surface but contrast with asphalt.

(Ord. 18-01 § 1 (part))

All parking, truck loading and receiving areas, outdoor storage, refuse containers and mechanical equipment shall be screened from view of adjacent properties, street rights-of-way, and the existing I-70/river corridor, as follows:

A.

Automobile-parking areas facing a public street or street right-of-way shall be screened in accordance with the requirements set forth in the landscaping section of these standards.

B.

Loading and Receiving Areas. Truck loading and receiving areas facing a public street or street right-of-way shall be screened in accordance with the requirements set forth in the landscaping section of these standards.

C.

Outside Storage. Outdoor storage of any kind, if permitted within a zone district, shall be permitted strictly as an accessory use to a principal use on the same property. Outdoor storage shall not be permitted in front of a building facing a street or within one hundred feet of the flood control easement boundary line surrounding the existing Colorado River channel.

1.

All permitted outdoor storage shall be fully screened on all sides from view of adjacent properties, street rights-of-way and the Colorado River channel. No materials, supplies, equipment, products, goods or articles of any kind stored outdoors shall extend above the height of the required screening wall or berm.

2.

All permitted outdoor storage areas that face street rights-of-way shall be screened from view by a free-formed landscaped earthen berm averaging five feet in height. Said berm shall be located within a landscaped area adjacent to the street right-of-way and shall be at least 25 feet in depth from the street right-of-way line. Tree and berm design requirements as set forth in the landscaping section of these standards shall likewise be applicable.

3.

All permitted outdoor storage areas that do not face street rights-of-way shall be screened from adjoining properties by a solid, opaque screening fence or wall comprised of materials architecturally consistent with the main structure, and no less than six feet in height.

D.

1-70/River Corridor Adjacency. All allowed outdoor storage areas and loading and receiving areas on any lot adjacent to the existing 1-70/river corridor, shall be screened from view by a free-formed landscaped earthen berm averaging five feet in height. Said berm shall be located within a landscaped area adjacent to the property line facing the existing I-70/river corridor and shall be at least 25 feet in depth from the property line. Tree and berm design requirements as set forth in the landscaping section of these standards shall likewise be applicable to ensure adequate and compatible screening of outdoor storage and loading and receiving areas facing the existing river path.

E.

Mechanical Equipment. All mechanical equipment associated with the main building or accessory building(s), not located inside the building, roof mounted or otherwise, shall be screened from view of all adjacent properties, street rights-of-way and the existing 1-70/river corridor.

F.

Refuse Containers. Each building site shall have a minimum of one commercial refuse container. Each refuse container shall be screened from view from all adjacent properties and street rights-of-way by a solid, opaque screening fence or wall, which may include a gate on one side, all of which shall be comprised of materials architecturally consistent with the main structure, and of a height equal to, or greater than the height of the refuse container, and in conformance with this code regarding fences.

(Ord. 18-01 § 1 (part))

All domestic water treatment and distribution systems, whether private or public, shall comply with all codes, regulations and specifications of the state and county health departments, as well as all town codes and regulations. All buildings must be served by an adequately sized water line, as determined by this code and the town after its careful calculation of proposed water usage (EQRs).

(Ord. 18-01 § 1 (part))

All sanitary sewer systems, whether private or public, shall comply with all codes, regulations and specifications of the state and county health departments, as well as all town codes and regulations. All buildings must be served by an adequately sized sanitary sewer line, as determined by the town engineer or public works director after careful calculation of proposed water usage (EQRs).

(Ord. 18-01 § 1 (part))

A.

Applicant shall provide drainage improvements designed to meet the criteria of this section, as well as the town engineering and construction specifications for streets, water and sewer.

B.

All developments must provide for on-site runoff collection and conveyance in accordance with the town's codes and regulations and as approved by the town. Every development plan shall include a drainage plan that shall:

1.

Be produced and certified by a licensed engineer;

2.

Be subject to the approval of the town engineer;

3.

Be designed to restrict site drainage to a rate no greater than the historical rate, before development, for the twenty-five year storm, or include development of a storm drainage system to convey run-off water to an acceptable site;

4.

Identify existing channels, dry washes and streambeds with their twenty-five year storm calculations;

5.

Include calculations and quantities of flow at points of concentration;

6.

Identify possible breach points where irrigation ditches and dry washes intersect;

7.

Depict the above information for the entire drainage basin unless the town engineer determines other boundaries for the plan; and,

8.

Include a vicinity map locating the development and its drainage basin.

C.

Drainage easements shall be designed to meet the criteria of this section. The minimum width for a drainage easement shall be ten feet. Fifteen feet shall be required where needed, as determined by the town engineer, for vehicular access to maintain the system. No permanent structure shall be located within the easement.

(Ord. 18-01 § 1 (part))

At the discretion of the town engineer, a development plan shall include plans for erosion and sediment control and for slope stabilization and revegetation. The town engineer shall base any decision to require such plans on the size and slope of the subject property, the amount of soil and vegetation to be disturbed, the extent to which natural topography will be altered and the likelihood of adverse impacts on neighboring properties and on the community as a whole.

A.

The plan for erosion and sediment control shall be designed to ensure:

1.

That natural drainage patterns are preserved, if practical, in a manner that will minimize disturbance of natural vegetation and soil cover;

2.

That natural drainage patterns are preserved and protected, if practical, from increased water flows that may otherwise tend to alter such patterns or subject existing channels and adjacent areas to increased erosion;

3.

That appropriate consideration of soil types is made in the design of cuts and fills, building sites and other land uses; and

4.

That drainage structures (for example: retention ponds or detention ponds) are provided as necessary to prevent or minimize sedimentation of rivers, streams and drainage structures.

B.

The following practices shall be incorporated into the plan for erosion and sediment control:

1.

Minimize "cut" and/or "fill" operations so as to create the least erosion potential;

2.

Retain and protect natural vegetation whenever feasible;

3.

Minimize the exposed ground area and the duration of exposure;

4.

Protect exposed critical areas with temporary vegetation and/or mulching during development;

5.

Trap sediment in runoff water by use of debris basins, sediment basins, silt traps or similar measures until any disturbed area is stabilized;

6.

Prevent surface water from damaging cut and fill slopes;

7.

Locate cuts and fills so as not to endanger adjoining property;

8.

Avoid fills on natural water courses or constructed channels;

9.

Develop the grading plan so that water is not diverted onto the property of another landowner unless a written agreement allowing such drainage is received from the other landowner; and

10.

Exercise measures for dust control during earthwork operations.

C.

A plan for slope stabilization and revegetation shall be designed to ensure:

1.

That adequate provision is made for revegetation and soil stabilization during and after development of the site; and

2.

That all cuts and fills are adequately designed, engineered and vegetated to control erosion as well as stability of the entire mass.

D.

The following practices shall be incorporated into the plan for slope stabilization and revegetation:

1.

Stabilize disturbed soils as quickly as practicable;

2.

Establish and install permanent vegetation and structural erosion control measures as soon as practicable;

3.

Where cut and fill slopes are to be stabilized with vegetation, design the cut and fill to 2:1 grade or less

4.

Place and compact fills according to geotechnical engineering recommendations so as to minimize sliding or erosion of soil and to provide a stable surface for establishment of vegetation; and

5.

Reserve topsoil from site and reuse it after final site grading on slopes and other critical areas to be stabilized with vegetation.

E.

Construction equipment, temporary structures or materials shall be kept out of watercourses and drainage features, unless approved by the town and/or any other appropriate agencies;

F.

Excavation shall be constructed so that a safe situation for site workers and passers-by is maintained at all times;

G.

Vegetation, topsoil and other unsuitable materials (as determined by the town administrator or his designee) shall be removed from the ground surface prior to fill placement;

H.

Adjacent structures and rights-of-way shall be protected against effects of the site grading operation;

I.

Temporary erosion protection shall be installed prior to grading activities, to the extent practical;

J.

Dust emissions (wind erosion) shall be controlled at all times;

K.

All erosion control devices shall be maintained to function as designed;

L.

All topsoil shall be conserved and redistributed on the site, to the extent practical;

M.

Storm water drainage shall be discharged from the site in quantities and at velocities not to exceed historic levels; and,

N.

Should earth material leave the site for any reason, and enter a public right-of-way, the lot owner shall clean up such material within seventy-two hours notice to owner by the town.

(Ord. 4-03 § 1 (part); Ord. 18-01 § 1 (part))