Town of Foxfield

Foxfield Zoning Regs. - Art II - Zone Regs.

ARTICLE II - ZONING REGULATIONS

SECTION 1: GENERAL PROCEDURES (Amended, Ordinance No. 7, June 2000)

Section 1.1: Amendment

A. The Board of Trustees, upon its own motion and following the recommendations of the Planning Commission, may consider revisions or amendments to this Ordinance after giving public notice of any proposed revision or amendment and after holding a public hearing concerning the proposal. Public hearings before the Planning Commission and Board of Trustees shall be noticed as set forth in this Article II, Section 1.1, Subsection C, of the Town of Foxfield Zoning Ordinance. The Board of Trustees shall adopt any revisions or amendments by Ordinance.

B. The Town Clerk shall insert said amendment in all official copies of these Regulations as soon as practicable.

C. Public Notice

1. The following applications shall be subject to the public notice procedures outlined herein:

a Rezoning (amendments to the Official Zoning Map);

b. Major amendments to a Planned Unit Development;

c. Zoning Variances; and

d. Uses by Special Review

2. At least fifteen (15) days prior to a public hearing, a notice shall be published by the applicant at least one time in the legal notice section of a general circulation newspaper within the Town. A publisher's affidavit shall be submitted to the Town Clerk prior to the hearing date to verify the publication of the required notice. The notice shall read as follows:

TOWN OF FOXFIELD
NOTICE OF PUBLIC HEARING
PROPOSED AMENDMENT TO ____________

Notice is hereby given that the Town of Foxfield (name of board: Planning Commission or Board of Trustees) shall hold a public hearing concerning (type of application request), located on property described in Exhibit A, and generally located at (distance and direction of nearest major intersection) pursuant to the Town of Foxfield Zoning Regulations.

The public hearing shall be held before the (name of board) on (date), at the hour of (time), or as soon as possible thereafter as the agenda of the (name of board) permits, at Parker Fire Protection District #2, 7320 South Parker Road, Foxfield, Colorado 80016, or at a place otherwise specified by the Town Clerk. Further information is available by calling (303) 680-1544.

ALL INTERESTED PERSONS MAY ATTEND.

EXHIBIT A (legal description)

3. At least fifteen (15) days prior to a public hearing, a written notice shall be sent by certified mail by the applicant to all owners of property within seven hundred fifty (750) feet of the site for which the land use application is made. Return receipts shall be submitted with a list of all area property owners to the Town Clerk's Office prior to the hearing date. The written notice shall contain the following information:

a. The entire notice of public hearing outlined in subsection (2) above, including the legal description; and

b. Brief narrative outlining the proposed land use application before the Planning Commission and Board of Trustees.


4. At least fifteen (15) days prior to a public hearing, a notice shall be posted by the applicant on the property for which the land use application is made. The notice shall consist of at least one (1) sign facing an adjacent public right-of-way in a manner which provides the most visibility to the public of the sign. These notices shall be in the form of signs measuring not less than three feet by four feet (3' x 4'); with lettering a minimum of three (3) inches high and on posts no less than four (4) feet above the ground. All lettering shall be clearly legible from the right-of-way the sign faces. These notices shall read:

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Town of Foxfield (name of board: Planning Commission or Board of Trustees) shall hold a public hearing concerning (type of application request), located on property described in Exhibit A, and generally located at (distance and direction of nearest major intersection) pursuant to the Town of Foxfield Zoning Regulations.

The public hearing shall be held before the (name of board) on (date), at the hour of (time), or as soon as possible thereafter as the agenda of the (name of board) permits, at Parker Fire Protection District #2, 7320 South Parker Road, Foxfield, Colorado 80016, or at a place otherwise specified by the Town Clerk. Further information is available by calling (303) 680-1544.

ALL INTERESTED PERSONS MAY ATTEND.

EXHIBIT A (legal description)

D. For all other amendments to the Town of Foxfield Zoning Regulations, notice shall be by publication only as set forth in subsection C.2 of this Article II, Section 1.1.

E. For any amendment to the Town of Foxfield Zoning Regulations that requires hearings before the Planning Commission and the Board of Trustees, the Board of Trustees may determine, in its sole discretion, upon request of the applicant or upon its own motion, to combine the hearings of the Planning Commission and the Board of Trustees.

Section 1.2: Nonconforming Uses, Land and Structures

A. INTENT

1. The intent of this Section is to recognize that within zoning districts established by these Regulations there exists land, uses of land, structures and uses of structures, which were lawful before these Regulations were adopted or amended, but which would be prohibited, regulated, or restricted under the provisions of these Regulations. Except as provided in Section 2.1.F.3, these nonconforming uses, land and structures shall not be enlarged, expanded, increased, nor be used as grounds for adding other structures or uses now prohibited in the same district.

2. Nothing in this Section shall be interpreted to require a change in plans, construction, or designated use of any building in which a building permit was lawfully obtained from the Town of Foxfield or Arapahoe County prior to the effective date of adoption or amendment of these Regulations, provided construction was commenced within sixty (60) days after obtaining said building permit and diligently completed.

3. Any use, structure and/or parcel of land which was used, erected or maintained in violation of any previous Zoning Regulations shall not be considered as a legal, nonconforming use, structure and/or parcel, and shall be required to comply with all provisions of these Regulations.

B. NONCONFORMING USES OF LAND
Any use of land, which was lawful before these Regulations were adopted or amended, may continue to exist even though the use would be prohibited, regulated, or restricted under the provisions of these Regulations, subject to the following provisions:

1. Such nonconforming use of land shall not be enlarged, expanded, extended, increased, nor moved to occupy an area of land which was not occupied before these Regulations were adopted or amended.

2. If any such nonconforming use of land is discontinued for any reason for a period of more than six (6) months, a subsequent use of such land shall conform to the provisions of these Regulations and amendments, unless the Board of Trustees grants an extension of time.

3. Any additional land use and/or structure(s) associated with the nonconforming use of land shall conform to these Regulations.

C. NONCONFORMING LAND
These Regulations specify minimum lot area, width, and yard requirements within each zoning district for the purpose of creating "building envelopes" in which construction can occur on any parcel in the Town of Foxfield. It is the intent of this provision to allow construction of a permitted principal use and customary accessory structure(s) on any parcel which was of record before these Regulations were adopted or amended, unless such parcel was created in violation of applicable statutes, laws or regulations in effect at the time the parcel was created.

This provision shall apply even though such parcel fails to meet these Regulations' requirements for area, width, or both, that are applicable in the given zoning district.

No parcel shall be permitted to rezone or otherwise change its current zoning district designation to a different zoning district designation unless the minimum lot area, width, and yard requirements for the different zoning district can be met.

D. NONCONFORMING USES OF STRUCTURES
A use of a structure(s), which was lawful before these Regulations were adopted or amended, may continue to exist even though the use would be prohibited, regulated, or restricted under the provisions of these Regulations or amendments, subject to the following provisions:

1. Existing structures devoted to a nonconforming use shall not be enlarged, expanded, extended, nor altered to accommodate nonconforming uses or other uses not allowed in the district in which the structure is located.

2. If a permitted use supersedes a nonconforming use in all or part of area in a structure, that area shall thereafter conform to the provisions of these Regulations.

3. When a nonconforming use of a structure is discontinued or abandoned for six (6) consecutive months, any subsequent use of such structure shall conform to the provisions of these Regulations, unless the Board of Trustees grants an extension of time.

4. Should a structure devoted to a nonconforming use be damaged or destroyed by any means, the structure may be reconstructed and the nonconforming use re﷓established subject to compliance with the provisions of Paragraph E.2 of this Section.

E. NONCONFORMING STRUCTURES
A structure, which was lawful before these Regulations were adopted or amended, may continue to exist, even though the structure would be prohibited, regulated, or restricted under the provisions of these Regulations or amendments, subject to the following provisions:


1. Such nonconforming structure(s) shall not be enlarged or altered in any manner, except to decrease its nonconformity.

2. Should such nonconforming structure(s) or portion thereof be damaged or destroyed by any means, or be declared unsafe by the Town Building Official to an extent of more than fifty percent (50%) of its replacement cost, it shall not be reconstructed except in conformity with the provisions of these Regulations. If the reconstruction cost and/or area of reconstruction (whichever is less) is less than or equal to fifty percent (50%), the structure may be strengthened or restored to a safe condition provided the original nonconformity is not enlarged, increased, or extended, and construction is commenced within six (6) months after obtaining the required building permit(s), unless the Board of Trustees grants an extension of time.

3. Should such nonconforming structure(s) be moved for any reason, for any distance whatsoever, it shall conform to the provisions of these Regulations.



F. REPAIRS AND MAINTENANCE
Any nonconforming structure or a structure devoted to a nonconforming use may be repaired and maintained for ordinary upkeep. Such repairs and maintenance shall not enlarge, expand, extend, or increase the nonconformity in any manner. Also, such repairs and maintenance shall not exceed fifty percent (50%) of the current replacement cost of the nonconforming structure or a structure devoted to a nonconforming use.

SECTION 2: ZONING DISTRICT REGULATIONS

Section 2.1: RR (Rural Residential) District

A. INTENT
To provide for non﷓commercial agricultural activities and low density residential development within the Town of Foxfield. The RR (Rural Residential) zoning district does not require a Planned Unit Development (PUD), but in special circumstances, the Board of Trustees may require a PUD in the RR District. The procedures for approval of a RR PUD are as specified in Article II, Section 3 of these Regulations.

B. PRINCIPAL PERMITTED USES

1. Single﷓family dwelling unit.

2. Type A Group Home.

C. ACCESSORY USES

1. Buildings and uses customarily appurtenant to the permitted use with the following limitations: (Amended, Ordinance No. 7, June 2000)

a. The total building coverage (footprint) of all accessory buildings may not exceed two thousand (2000) square feet, and there shall be a maximum of two (2) accessory buildings.

b. No accessory building may exceed twenty-one (21) feet in height except that small, ornamental rooftop appurtenances such as cupolas and weathervanes may project five feet (5’) above the roofline.

c. The pitch of the roof of any accessory building shall not be less than the approximate pitch of the roof of the primary residential structure.

d. Any structure less than 120 square feet of building coverage shall not be deemed an accessory structure within the meaning of this Article II.

2. Home occupations, as specified in Article III, Section 3 of these Regulations.

3. Shelter for agricultural implements and tools used to maintain premises.

4. The keeping of not more than one agricultural animal, (e.g. horses, cows, goats) per acre.

5. Stable to keep permitted animals. Such stable shall be located on the rear half of the parcel, not closer than twenty five feet (25') to property lines, and not closer than fifty feet (50') to any dwelling unit,

6. Greenhouse (products to be for use or consumption of lot residents only) not to exceed 200 square feet GFA.

7. The keeping of a total of not more than four (4) dogs, cats and similar pets.

8. Sporting courts, tennis courts, swimming pools and other similar structures provided they are located in the side or rear yard of the zoning lot.

9. Non﷓commercial agricultural activities (including the keeping of rabbits, chickens, geese or other small agricultural animals or fowl for the private use of the residents only).

10. Small wind energy conversion system that is non-commercial and does not exceed fifteen feet (15’) in height.

11. Other uses which are clearly accessory or incidental to the primary permitted uses.

D. USE BY SPECIAL REVIEW

1. The Board of Trustees may approve the following as a Use by Special Review:

a. Public and quasi﷓public uses.

b. Non-commercial wind energy systems exceeding fifteen feet (15’) in height.

c. Private garages, enclosed or partially enclosed, capable of housing more than four vehicles.

d. Antennae exceeding fifteen feet (15’) in height.

e. Uses by a public utility.

f. Temporary structures.

g. Grading of a site to increase the original elevation by more than four feet (4’).

h. Other uses or structures clearly incidental to the uses listed above.

2. An application for approval of a Use by Special Review shall contain three copies of the following:

a. A Letter of Intent to the Town Planner that describes the proposed use and summarizes the federal or state requirements that must be met.

b. A north oriented 11” X 17” plan map that shows the following:

(1) Perimeter boundary of the site or lot.
(2) Approximate location of primary residence (existing or proposed).
(3) Approximate location of accessory buildings and structures with setbacks.
(4) Location of access points from adjacent streets and names of streets.
(5) Location of primary and accessory structures on all abutting lots.

c. Proof of Ownership.

d. Fees in the amount established by the Board of Trustees.

e. Architectural elevations drawn to scale.

f. A list of all property owners (in the Town) within 750’ of the property lines of the site, with mailing addresses.

3. Upon receipt of the application, the Town Planner will provide copies to the Zoning Administrator and Town Attorney. After consulting with the Zoning Administrator and Town Attorney, the Town Planner will notify the applicant of any deficiencies that need to be corrected, if any, and the number of additional copies of the application to be submitted.

4. The Town Clerk will notify all property owners within 750’ as to the date, time and location of the Board of Trustees meeting.

5. The Board of Trustees shall hear testimony from the Town consultants, the applicant and interested public. After hearing the testimony, the Board of Trustees shall take one of the following actions:

a. Approve with or without conditions.
b. Deny for reasons specified.
c. Table for more information.

E. MAXIMUM HEIGHT OF STRUCTURES
No structure shall exceed thirty-five feet (35’) in height.


F. MINIMUM AREA, LOT WIDTH, AND YARD REQUIREMENTS

1. Minimum lot width ﷓ 125'.

2. Setbacks: (Amended, Ordinance No. 7, June 2000)

Front yard ﷓ 50'
Side yard - 25’ (principal and accessory structure).
Rear yard ﷓ 25' (principal and accessory structure).
Minimum Distance between structures - 25’

3. Minimum lot area: 105,000 square feet except that any lot in excess of 85,000 square feet that was a parcel of record at the time of the adoption of these Regulations shall be considered a legal zoning lot and not subject to Section 1.2. C of these Regulations.

G. SIGNAGE

1. One “for sale” or “for rent” sign per dwelling unit with a maximum surface area of six square feet and a maximum height of six feet (6’).

2. One “for sale” or “for lease” sign per vacant lot or parcel with a maximum surface area of thirty-two (32) square feet and a maximum height of six feet (6’).

H. LIGHTING
Exterior lights, whether building mounted or free standing, shall be hooded or shielded so as not to cast light on adjacent properties nor dilute the night sky. Building mounted exterior lights shall not protrude above the eave line. Freestanding lights shall not exceed twenty-five feet (25’) in height.

I. STORAGE OF VEHICLES, MATERIALS AND EQUIPMENT
The parking or storage of vehicles, materials and equipment shall be limited to vehicles and equipment intended for the personal use of the owner or occupant of the residence. A business vehicle provided to a resident for personal use is permitted.

J. PUBLIC WATER AND SANITARY SEWER
(Amended, Ordinance No. 8, August 2000)

Development in the RR (Rural Residential) Zoning District may be served by public or private water and sanitary sewer systems. Provided, however, in the event connection is sought to a public sewer system, connection to the public water system shall be required as a condition of connection to the public sewer system.


Section 2.2: RR PUD (Rural Residential Planned Unit Development) District

A. INTENT
To provide for non﷓commercial agricultural activities and low density residential development within the Town of Foxfield and to provide a detailed review of how these developments provide essential services (water and sanitation, schools, parks and recreation, fire and police protection, etc.), and how streets, buildings and landscape improvements are arranged on the site. The procedures for approval of a RR PUD are as specified in Article II, Section 3 of these Regulations.

B. PRINCIPAL PERMITTED USES

1. Single﷓family dwelling unit.

2. Type A Group Home.

3. Other uses as shown on the approved Planned Unit Development.

C. ACCESSORY USES
Unless otherwise approved by the Board of Trustees, the accessory uses shall be as specified for the RR (Rural Residential) Zoning District (Section 2.1, C.1. of this Article II) (Amended, Ordinance No. 7, June 2000)

D. MINIMUM AREA, LOT WIDTH, HEIGHT AND YARD REQUIREMENTS

1. Height. Not to exceed thirty-five feet (35').

2. Lot Area. As shown on the approved PUD.

3. Setbacks. As shown on the approved PUD.

E. MAXIMUM DENSITY
The maximum residential density in the RR PUD Zoning District shall be one dwelling unit per 2.5 acres.

F. OFF-STREET PARKING
Parking requirements shall be as shown on the PUD except that residential uses shall require a minimum of two spaces per unit.

G. SIGNAGE

1. One “for sale” or “for rent” sign per dwelling unit with a maximum surface area of six square feet and a maximum height of six feet (6’).

2. One “for sale” or “for lease” sign per vacant lot or parcel with a maximum surface area of thirty-two (32) square feet and a maximum height of six feet (6’).

H. LIGHTING
Exterior lights, whether building mounted or free standing, shall be hooded or shielded so as not to cast light on adjacent properties nor dilute the night sky. Building mounted exterior lights shall not protrude above the eave line. Freestanding lights shall not exceed twenty-five feet (25’) in height.

I. STORAGE OF VEHICLES, MATERIALS AND EQUIPMENT
The parking or storage of vehicles, materials and equipment shall be limited to vehicles and equipment intended for the personal use of the owner or occupant of the residence. A business vehicle provided to a resident for personal use is permitted.

J. INTEGRATED DESIGN
Planned residential developments shall be designed with a common design theme for all principal and accessory structures, landscaping, lighting and open space.

K. MITIGATION OF IMPACTS
Any use that, in the opinion of the Board of Trustees, creates sensory impacts (visual, odor or noise), or traffic impacts that may adversely affect the adjacent properties or property owners, shall provide a plan for the mitigation of those impacts. The plan shall be included as part of the approved PUD.

L. PUBLIC WATER AND SANITARY SEWER
(Amended, Ordinance No. 8, August 2000)

Development in the RR-PUD (Rural Residential Planned Unit Development) Zoning District shall require connection to a public water and sanitary sewer system unless otherwise provided by the Board of Trustees in an approved PUD. Provided, however, in the event connection is sought to a public sewer system by any lot within an approved PUD, connection to the public water system shall be required as a condition of connection to the public sewer system.

Section 2.3: RP (Planned Residential) District

A. INTENT

1. To provide for areas in Foxfield which are suitable for low-density residential development, and to provide a detailed review of how these developments provide essential services (water and sanitation, schools, parks and recreation, fire and police protection, etc.).

2. Development in the RP Zoning District requires approval of a Planned Unit Development (PUD).

B. PRINCIPAL PERMITTED USES
The principal permitted uses shall be as shown on the approved PUD and include:

1. Single﷓family detached dwelling unit.

2. Type A Group Home.

3. Other similar uses as shown on the approved Planned Unit Development.

C. ACCESSORY USES

1. Home occupations as specified in Article III, Section 3 of these Regulations.

2. Shelter for agricultural implements and tools used to maintain premises.

3. Greenhouse (products to be for use or consumption of lot residents only) not to exceed 200 square feet GFA.

4. Keeping of a total of not more than four (4) dogs, cats and similar pets.

5. Other uses which are clearly accessory or incidental to the primary permitted uses and are shown on the Planned Unit Development.

D. MINIMUM AREA, LOT WIDTH, HEIGHT AND YARD REQUIREMENTS

1. Height. Not to exceed thirty-five feet (35').

2. Lot Area. As shown on the approved PUD.

3. Setbacks. As shown on the approved PUD.

E. MAXIMUM DENSITY
The maximum density in the RP Zoning District shall be one dwelling unit per acre.

F. OFF-STREET PARKING
Parking requirements shall be as shown on the PUD except that residential uses shall require a minimum of two spaces per unit.





G. SIGNAGE

1. One “for sale” or “for rent” sign per dwelling unit with a maximum surface area of six square feet and a maximum height of six feet (6’).
2. One “for sale” or “for lease” sign per vacant lot or parcel with a maximum surface area of thirty-two (32) square feet and a maximum height of six feet (6’).

H. STORAGE OF VEHICLES, MATERIALS AND EQUIPMENT
The parking or storage of vehicles, materials and equipment shall be limited to vehicles and equipment for the personal use of the owner or occupant of the residence. A business vehicle provided to a resident for personal use is permitted.

I. INTEGRATED DESIGN
Planned residential developments shall be designed with a common design theme for all principal and accessory structures, landscaping, lighting and open space.

J. MITIGATION OF IMPACTS
Any use that, in the opinion of the Board of Trustees, creates sensory impacts (visual, odor or noise), or traffic impacts that may adversely affect the adjacent properties or property owners, shall provide a plan for the mitigation of those impacts. The plan shall be included as part of the approved PUD.

K. PUBLIC WATER AND SANITARY SEWER (Amended, Ordinance No. 8, August 2000)
Development in the RP (Planned Residential) Zoning District shall be served by approved public water and sanitary sewer systems.

Section 2.4: BP (Planned Commercial) District
A. INTENT
To plan and provide for the location of organized and unified development of retail and service establishments on large lots at least four (4) acres in size which primarily serve the residents of the Town and adjoining areas. The large lot requirement is intended in furtherance of lessening the problems of overcrowding of land and traffic congestion that often accompany smaller lot strip commercial development.

1. All development in the BP Zoning District shall require approval of a Planned Unit Development.

2. All uses conducted in the BP Zoning District shall be contained in a completely enclosed structure(s) except as otherwise provided herein or on the approved Planned Unit Development.

B. PRINCIPAL PERMITTED USES
The uses permitted in the BP Zoning District are as shown on the approved PUD. Permitted uses shall include retail establishments in which the use and scale is appropriate to a neighborhood or small community retail center. These include, but are not limited to, the uses listed below:

1. Retail and service establishments that sell goods or services directly to
the public and are of a size appropriate for neighborhood commercial centers.

2. Other uses similar in intent to those listed above.

C. ACCESSORY USES
Buildings and uses customarily appurtenant to the principal permitted use that are shown on the approved PUD.

D. INTEGRATED DESIGN
Planned commercial developments shall be designed as a single integrated commercial complex with a common design theme for all principal and accessory structures, landscaping, lighting and signage.

E. MITIGATION OF IMPACTS
Any use that, in the opinion of the Board of Trustees, creates sensory impacts (visual, odor or noise), or traffic impacts that may adversely affect the adjacent properties or property owners, shall provide a plan for the mitigation of those impacts. The plan shall be included as part of the approved PUD.

F. STORAGE OF VEHICLES AND EQUIPMENT
The parking or storage of vehicles and equipment shall be limited to vehicles and equipment for the personal use of the owner of a business in the approved development or for use in that business.

G. MAXIMUM BUILDING HEIGHT
No structure shall exceed twenty-five feet (25’) in height and the sales area shall be limited to one story.

H. MINIMUM YARD REQUIREMENTS
Lot size, structural and parking setbacks and signage shall be as shown on the approved PUD.


I. MINIMUM SITE SIZE
Any site proposed for a Planned Commercial Development shall contain a minimum of four acres exclusive of public rights of way.


J. PARKING
Unless otherwise stated on the approved PUD, the minimum parking required shall be one space per 300 square feet GFA of all primary structures.

K. MINIMUM OPEN SPACE
The minimum unobstructed open space shall be twenty-five percent (25%).

L. SIGNAGE
Signage shall be as shown on the approved Final Development Plan provided that sign sizes, heights and materials are appropriate in scale and for the particular use. The following are guidelines for signage in planned commercial developments.

1. Project Identification Signs: One per each major entrance. Shall be ground mounted and should not exceed eight feet (8’) in height and 80 square feet (per face). Signs shall be ground lighted with no internal lighting.

2. Building Fascia Signs: One per establishment. Signs shall be mounted below the building parapet line and should not exceed two square feet (2 sq. ft.) for each foot of store frontage. Letter heights should not exceed thirty-six (36) inches and shall be indirectly lighted.

3. Directional and Informational Signs: Signs providing direction and information such as “Fire Lane”, “No Parking”, “Exit” and “One Way” and directional arrows are allowed as needed. Directional and informational signs should not exceed six square feet (6 sq. ft.) per face.

4. Temporary Signs: As approved on the PUD. Conditions may be placed on inclusion, design, and length of time permitted.

M. PUBLIC WATER AND SANITARY SEWER
(Amended, Ordinance No. 8, August 2000)

Development in the BP (Planned Commercial) Zoning District shall be served by approved public water and sanitary sewer system.

SECTION 3: PROCEDURES AND PROCESS

A. GENERAL INQUIRIES
General inquiries concerning the Town’s land use regulations should be made to the Town Clerk. If the Town Clerk cannot answer the questions, the inquiry will be referred to the Town Planner.

B. PRESUBMITTAL MEETING
For those who wish to discuss a specific development project, the first step is a pre-submittal meeting with the Town Planner and if necessary, the Town Engineer. The purpose of the pre-submittal meeting is to discuss the process, identify major issues, explain the submittal requirements and provide an estimate of the required fees.

1. Presubmittal meetings will be scheduled by the Town Clerk after conferring with the Town Planner.

2. In order to provide the greatest amount of assistance to the applicant, as much information as possible about the proposed development should be provided. These materials will be reviewed by the Town Planner and Town Engineer, if necessary, prior to the scheduled meeting. The applicant should provide a map or plan showing:

a. Site area boundary in a heavy dark line.
b Adjacent and surrounding properties within 750’.
c. Existing and proposed structures and other improvements on the site. Any existing structures to remain shall be so noted.
d. Adjacent streets with names and any major collectors or arterials within 750’.
e. A copy of the approved PUD, if any.
f. A topographic map that covers the site and extends 100’ beyond the site boundary.

3. Following the pre-submittal meeting, the Town Planner will send a letter to the applicant that contains the following:

a. Major issues.
b. Tentative schedule.
c. Estimated fees. The cost of review by the Town’s consultants as well as the cost of notification and publication are the responsibility of the applicant.
d. Submittal requirements for the Preliminary Development Plan.



SECTION 4: AMENDMENT (REZONING AND PLANNED UNIT DEVELOPMENTS)
(Amended, Ordinance No. 7, June 2000)
Amendments to the Official Zoning Map consist of approval of a Planned Unit Development (PUD) for the RR PUD, RP and BP zoning districts. Rezoning from any district to the RR zoning district does not require a PUD. Approval of a Planned Unit Development is a two step process as specified in Sections 4.1-4.3. Rezoning to the RR district as specified in Section 4.4.

Section 4.1: Preliminary Development Plan
(Amended, Ordinance No. 7, June, 2000)

A Preliminary Development Plan (PDP) is the first step in establishing land uses and development stipulations for a parcel of land. The land uses and development stipulations permitted by the PDP set the general parameters with which the development must comply.

A. SUBMITTAL REQUIREMENTS
An applicant for Preliminary Development Plan approval shall submit an original application to the Town and will transmit copies to the Town Attorney, Town Engineer and Town Planner. Additional copies will be required after initial review. The submittal requirements for a Preliminary Development Plan are listed in
Table 1.



Table 1
Preliminary Development Plan

Submittal Requirements IncludedY/N Staff Comments
A. Completed application for Land Development.
B. Statement or Letter of Intent containing:
1. Legal description of property.
2. Description of the proposed development.
3. Statement of Ownership and Control. (See Appendix A)
4. List of abutting properties and properties within 750 feet from Town records.
5. Time schedule for completion of the project or each phase thereof.
C. Site Plan or PUD Plan Map. Fifteen 24” X 36” blackline prints or photographs and fifteen 11” X 17” reductions. The plan map shall show:
1. Perimeter boundary.
2. Existing topography.
3. General location of existing (to remain) and proposed structures with square footage and heights.
4. Internal traffic and circulation systems, off street parking, loading areas, solid waste disposal containers and major points of access.
5. Location, height, size of proposed signs, lighting and advertising devices.
6. Areas to be dedicated or reserved as common or public open space, school sites and other public facilities.
7. Boundaries of any 100 year floodplain or areas subject to flooding.
8. The Development Stipulations Chart (Table 1A)
9. Signature Blocks for Planning Commission and Board of Trustees. (See Appendix A)



Preliminary Development Plan
(continued)

Submittal Requirements IncludedY/N Staff Comments
D. A preliminary landscaping plan that illustrates the following:
1. Types of plantings (shrubs, trees, groundcover and indicate whether deciduous or coniferous).
2. A description of the proposed irrigation system.
3. Show buffering from adjacent land uses.
E. Statement concerning proposed water and sanitary sewer systems including source and availability prepared by qualified engineer registered in the State of Colorado.
F. Illustration of proposed architectural style and typical floor plans.
G. Preliminary Traffic Study.
H. Phase I Drainage Study.
I. Copies of any special agreements, conveyances, restrictions or covenants.
J. If land is not to be subdivided, submit the following:
1. Preliminary cost estimates for public streets and drainage improvements.
2. Soils Report.

Table 1A
Development Stipulations Chart
DEVELOPMENT STIPULATIONS
Existing Zoning
Proposed Zoning
Existing Land Use
Proposed Land Use
Total Site Area
Density (for residential state total units and dwelling units per acre, for non-residential state gross floor area)
Minimum Lot Size
Setbacks (from property lines) Front -Side -Rear -Between Structures -Parking Lot -
Maximum Building Height
Maximum Building Coverage
Area in Parking and Drives
Minimum Open Space
Other information as requested in letter from Town Planner

B. PROCESS

1. The Town Planner will notify the Town Clerk that the application is complete and the Clerk will request the Planning Commission set a date for the public hearing on the Preliminary Development Plan.

2. The applicant will prepare notification in accordance with Article II, Section 1 of these Regulations

3. The applicant resubmits with revisions and the Town Planner notifies applicant to submit remaining copies.

4. The Town Planner will notify the applicant that the application is complete and the applicant will prepare notification in accordance with Article 2, Section 1 of these Regulations.

5. Copies of the application will be referred to the following agencies for their review and comment, if any:

STANDARD
COLORADO DEPARTMENT OF TRANSPORTATION
ARAPAHOE COUNTY
ARAPAHOE PARK AND RECREATION DISTRICT
CHERRY CREEK SCHOOL DISTRICT
PARKER FIRE DISTRICT
TRI-COUNTY HEALTH DEPARTMENT

OPTIONAL
ARAPAHOE WATER AND SANITATION AUTHORITY
EAST CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT
RANGEVIEW WATER ASSOCIATION
OTHER MUNICIPALITIES WITHIN ONE MILE
CHERRY CREEK BASIN AUTHORITY
HOMEOWNERS ASSOCIATIONS AS APPROPRIATE

7. After consulting with the Town Engineer, the Town Planner will prepare a staff report that will be sent to each member of the Planning Commission.


C. PLANNING COMMISSION HEARING
The Planning Commission Chairman will open the Public Hearing. The order of business shall be:

1. The Chairman calls the hearing to order and asks the Town Planner to present the staff report.

2. The Chairman calls on the applicant for his response.

3. The Chairman asks for comments from the public.

4. Following discussion by members of the Planning Commission, the Chairman may close the public hearing or continue the hearing to a date certain.

D. PLANNING COMMISSION ACTION
After closing the public hearing, the Planning Commission will take one of the following actions:

1. Recommend approval of the Preliminary Development Plan with or without conditions; or

2. Recommend denial of the Preliminary Development Plan for reasons specified; or

3. Continue the meeting to a date certain for more information.

E. APPEAL TO THE BOARD OF TRUSTEES
In the event the Planning Commission recommends denial of the Preliminary Development Plan, the applicant may appeal the recommendation to the Board of Trustees. Such appeal must be made within 10 working days of the action by the Planning Commission.

F. SCHEDULING THE BOARD OF TRUSTEES MEETING

1. Following the action of the Planning Commission, The Town Clerk will request the Board of Trustees to set a public hearing date for the Preliminary Development Plan.

2. The Board of Trustees will schedule the Preliminary Development Plan for a public hearing in the following cases:

a. If the plan was recommended favorably by the Planning Commission; or

b. If the plan was recommended unfavorably by the Planning Commission and an appeal has been filed.

3. The applicant will revise the Preliminary Development Plan in accordance with the conditions recommended by the Planning Commission, if any. If the applicant wishes to object to one or more of the conditions, he/she will submit a letter stating the reasons for the objections. The Town Planner will instruct the applicant as to the number of copies of the revised plan and other materials to be submitted.

4. The Town Planner will notify the Town Clerk that the application is complete and the Clerk will prepare notification in accordance with Article 2, Section 1 of these Regulations.

5. The Town Planner will revise the staff report and submit the report, the Preliminary Development Plan and other materials to the Board of Trustees.

G. BOARD OF TRUSTEES MEETING
The Mayor will open the Public Hearing. The order of business shall be:

1. The Mayor calls the hearing to order and asks the Town Planner to present the staff report.

2. The Mayor calls on the applicant for his/her response.

3. The Mayor asks for comments from the public.

Following discussion by members of the Board of Trustees, the Mayor may close the public hearing or continue the hearing to a date certain.

H. BOARD OF TRUSTEES ACTION
After hearing the evidence and discussing the application, the Board of Trustees will take one of the following actions:

1. Approve the Preliminary Development Plan with or without conditions; or

2. Deny the Preliminary Development Plan for reasons specified; or

3. Continue the meeting to a date certain for more information.




I. ACTION FOLLOWING THE BOARD OF TRUSTEE’S DECISION
Following the decision of the Board of Trustees, the Town Clerk will inform the applicant in writing of the Board’s decision and, if the Preliminary Development Plan was approved, instructions on the preparation of the signature mylar. The letter will also state the submittal requirements and required fees for the Final Development Plan.

1. Following the action of the Board of Trustees, if that action was to approve the Preliminary Development Plan, the Town Clerk shall send the applicant a letter that states:

a. The amount of outstanding fees, if any, that are due. The fees to include the amount necessary to record the Final Development Plan and other materials.
b. Instructions for the preparation of the signature mylar including any special notes or revisions required as a condition of approval.

2. The applicant will submit three check prints of the signature mylar to the Town Planner who will send a copy to the Town Attorney and Town Engineer, if necessary.

3. After review by the Town Attorney, Town Engineer and Town Planner, the applicant will be notified to prepare the signature mylar, with or without corrections.

4. The Mayor will sign the signature mylar and return it to the Town Planner to have it recorded in the office of the Arapahoe County Clerk and Recorder.

5. A reproducible copy of the signature mylar will be maintained in the files of the Town Planner. A copy of the signature mylar will also be maintained in the office of the Town Clerk.

J. AMENDING THE ZONING MAP
Following the recording of the Preliminary Development Plan map, the Town Planner will amend the Official Zoning Map.









SECTION 4.2: FINAL DEVELOPMENT PLAN
(Amended, Ordinance No. 7, June, 2000)

Approval of a Final Development Plan is the last stage of the Planned Unit Development process. Whereas the Preliminary Development Plan establishes permitted land uses and general development stipulations, the Final Development Plan provides more detailed specifications regarding, including, but not limited to:

· Building envelopes
· Building design (scaled architectural elevations)
· Landscaping (design and materials)
· Parking lot layout
· Lighting fixtures
· Signage
· Access and on-site circulation

The Final Development Plan may include all or a portion of the site covered by the approved Preliminary Development Plan.

A. SUBMITTAL REQUIREMENTS
An applicant for Final Development Plan approval shall submit the original completed application to the Town. Copies will be transmitted to Town Attorney, Town Engineer and Town Planner. The submittal requirements for a Final Development Plan are listed in Table 2.



Table 2
Final Development Plan


Submittal Requirements IncludedY/N Staff Comments
A. Letter of Intent describing the proposed development.
B. Proof of Ownership. (Copy of Warranty Deed)
C. Copy of the approved Preliminary Development Plan.
D. A Final Development Plan map which shall be a blackline print or photocopy of an original drawing (on 24" x 36" single/double matte mylar or photographic blackline positive mylar) and an 11” x 17” reduction of the same containing the following information:
1. Project name, type of proposal (Final Development Plan), legal description of the Plan's land area, date of the drawing, scale, north arrow and existing zoning of the site.
2. Vicinity map with north arrow (scale of 1"=2,000' preferred) with an emphasis on the major roadway network within one (1) mile of the proposal.
3. Non-Residential: The graphic locations (building envelopes), dimensions, maximum heights and gross floor area of all existing and proposed structures and the location of entrances, loading areas, location of outdoor trash receptacle systems and emergency vehicle access, if any. Location of parking spaces with typical dimensions.
4. Residential: Graphic representation showing lots, street names and dimensions, sidewalks or pedestrian walkways.
5. Chart comparing all regulations and requirements of the proposed Final Development Plan with those of the approved Preliminary Development Plan regarding the proposed use(s), building heights, gross floor area, residential density, gross floor area ratios, setbacks, open space, parking ratios, etc.
6. Existing and proposed finished grade topography at two (2) feet contours or less, tied to U.S.G.S. datum.



Final Development Plan
(continued)


Submittal Requirements IncludedY/N Staff Comments
7. All proposed curb cuts and driveway locations and dimensions, off﷓street parking in terms of location, dimensions and total numbers by type (full size, compact, handicap, etc.), and types of surfacing (such as asphalt paving, concrete, gravel, etc).
8. Location(s) and dimension(s) of all existing access points on immediately adjacent properties.
9. Public and private utility service lines and/or main lines with appurtenances, and location(s) and dimension(s) of all existing/proposed easements.
10. All open areas and recreation areas, with a description of these improvements.
11. Location, dimension and surface treatment of drainage easements, volume capacity of all drainage ponds, and the size of the outlet restrictor.
12. A landscape plan showing locations and general types of all proposed landscaping materials, including a schedule of plant materials with sizes, fences, walls, planters and any other landscaping features.
13. Typical design of lighting fixtures showing type and height. Lighting fixtures shall not exceed 20’ in height and shall be hooded to not cast light onto adjacent properties.
14. Other information required as a condition of approval of the PDP.
E. A signage plan describing and illustrating the size, location, type and material of all signs.
F. For non-residential development, representative architectural elevations of all sides of proposed structures showing heights and exterior colors and materials.



Final Development Plan
(continued)


Submittal Requirements IncludedY/N Staff Comments
G. Standard and special notes approved by the Board of Trustees that regulate the development, certifications and dedications as approved by the Town Attorney.
H. Required signature blocks as shown in Appendix A.
I. If property is not being subdivided, five sets of the following:
1. Preliminary street construction plans.
2. Phase II Drainage Study and construction plans.
3. Preliminary water and sanitary sewer construction plans.
J. Other information as requested by the Town Planner or required as a condition of the Preliminary Development Plan.


Table 2A
Development Stipulations Chart
DEVELOPMENT STIPULATIONS
Existing Zoning
Proposed Zoning
Existing Land Use
Proposed Land Use
Total Site Area
Density (for residential state total units and dwelling units per acre, for non-residential state gross floor area)
Minimum Lot Size
Setbacks (from property lines) Front -Side -Rear -Between Structures -Parking Lot -
Maximum Building Height
Maximum Building Coverage
Area in Parking and Drives
Minimum Open Space
Other information as requested in letter from Town Planner







B. PROCESS
The processing of a Final Development Plan (acceptance, referral, staff report) shall be as specified for a Preliminary Development Plan in Section 4.2.

C. PLANNING COMMISSION ACTION
Review and action by the Planning Commission shall be as specified for a Preliminary Development Plan in Section 4.2.

D. BOARD OF TRUSTEES ACTION
Review and action by the Board of Trustees shall be as specified for a Preliminary Development Plan in Section 4.2.

E. SIGNATURE MYLARS

1. Following the action of the Board of Trustees, if that action was to approve the Final Development Plan, the Town Clerk shall send the applicant a letter that states:

a. The amount of outstanding fees, if any, that are due. The fee will include the amount necessary to record the final plat and other materials.

b. Instructions for the preparation of the signature mylar including any special notes or revisions required as a condition of approval.

2. The applicant will submit three check prints of the signature mylar to the Town Planner who will send a copy to the Town Attorney and Town Engineer, if necessary.

3. After review by the Town Attorney, Town Engineer and Town Planner, the applicant will be notified to prepare the signature mylar, with or without corrections.

4. The Mayor will sign the signature mylar and return it to the Town Clerk to have it recorded in the office of the Arapahoe County Clerk and Recorder.

5. A reproducible copy of the signature mylar will be maintained in the files of the Town Planner. A copy of the signature mylar will also be maintained in the office of the Town Clerk.







Section 4.3: Rezoning to RR (Rural Residential)

A. SUBMITTAL REQUIREMENTS
Rezoning to the RR (Rural Residential) District requires a Letter of Intent, title verification, estimated fees and a copy of the approved Intent of Development Plan.

B. PROCESS
The process for rezoning to the RR District shall be as specified for a Final Development Plan in Section 4.3.

C. RECORDING THE RESOLUTION
Following the action of the Board of Trustees, if that action was to approve the rezoning, the Town Clerk shall send the applicant a letter that states:

1. The amount of outstanding fees, if any, that are due. The fee will include the amount necessary to record the approving resolution and other materials.

2. Upon receipt of the fees, the Town Clerk will have the approving Ordinance recorded in the office of the Arapahoe County Clerk and Recorder.

3. Copies of the approving Ordinance will be maintained in the files of the Town Clerk.

D. AMENDING THE ZONING MAP
Following the recording of the approving Ordinance, the Town Planner will make the amendments to the Official Zoning Map.


SECTION 5: AMENDMENTS TO APPROVED PLANNED UNIT DEVELOPMENTS

A. PRELIMINARY DEVELOPMENT PLAN
Formal amendments to an approved Preliminary Development Plan require the same submittal items and follow the same process as required for an original Preliminary Development Plan as specified in Sections 4.1 and 4.2.

B. FINAL DEVELOPMENT PLAN
Formal amendments to an approved Final Development Plan require the same submittal items and follow the same process as required for an original Final Development Plan as specified in Section 4.2 of this Article.





Section 5.1: Administrative Amendments

Changes to an approved Preliminary or Final Development Plan that, in the opinion of the Board of Trustees, are minor in nature may be approved through an Administrative Amendment. Applications for Administrative Amendments must meet the following criteria:

A. CRITERIA

1. The perimeter boundary of the original site is not changed.

2. The number of residential units is not increased.

3. The gross floor area of any non-residential use does not increase by more than five percent (5 %).

4. The square footage of any project identification or building fascia sign does not increase by more than ten percent (10%).

5. There is no increase in the height of structures.

6. There is no decrease in the required open space.

7. There is no decrease in the required number of parking spaces.

8. There is no change in the primary permitted uses.

B. PRE-SUBMITTAL MEETING
A pre-submittal meeting as specified in Section 3.B is required.

C. SUBMITTAL REQUIREMENTS
The applicant will submit the fees as estimated by the Town Planner and three copies of the following:

1. Letter of Intent explaining the requested minor changes.

2. A copy of the approved Preliminary and/or Final Development Plan.

3. A print of the revised Preliminary and/or Final Development Plan.






D. PROCESS
The processing and action by the Board of Trustees shall be as specified for a Final Development Plan as specified in Section 4.2. of this Article.

E. SIGNATURE MYLARS, RECORDING, AMENDING THE ZONING MAP
The signing and recording of the signature mylar shall be as specified for an original Preliminary and/or Final Development Plan. If necessary, the Town Planner will amend the Official Zoning Map.

SECTION 6: VARIANCES
Requests for variances from the standards in the RR Zoning District shall be made to the Board of Trustees acting as the Board of Adjustments. A variance of the permitted primary uses is not allowed. The process for a variance in the RR District shall be as specified for a Use by Special Review in Section 2.1.D.

SECTION 7: RESUBMITTALS (Amended, Ordinance No. 7, June, 2000)

Upon denial of any application pursuant to these Regulations, the same or similar application, as determined by the Town Planner, may not be resubmitted for a period of one (1) year commencing from the date of denial. The determination of the Town Planner may be appealed to the Board of Trustees within ten (10) working days of the Town Planner's decision.