Facts to Know

Pre-Application Meeting

What is a pre-application meeting?

In order to provide future applicants with the best customer service, ensure complete applications, and exchange key information, the city offers (to individuals who are considering potential projects within the City’s growth boundary) complimentary pre-application meetings that are designed to be an informal, preliminary exchange of information. These meetings usually involve discussing process timelines, submittal requirements, and specific requirements for a particular property.

Is a pre-application meeting considered a preliminary approval?

NO. The information exchanged at a pre-application meeting does not imply approval or conditional approval. Staff’s subsequent review of your formal application may require changes, alterations, or the submittal of additional information. It is the applicant’s responsibility to review and adhere to all applicable codes and regulations.

How do I schedule a pre-application meeting?

Note: Pre-application meetings are being conducted in person on Thursday afternoons. You must submit your pre-app questionnaire and supplemental documents via eTRAKiT. To submit you must visit c3gov.com/etrakit

Once the pre-app questionnaire is received, it will be assigned a date to be reviewed. Applicants should expect a response from a planning staff member as well as an engineer from the public works department. A limited number of pre-app questionnaire reviews are assigned each week; therefore, please understand that a response may not be expected until a later date.

What should I bring to a pre-application meeting?

A completed questionnaire, general site plan and brief narrative are required to schedule and attend a pre-application meeting. Narrative should include:

  • A discussion the use of the property and the scope of the project.
  • Describes site layout and circulation.
  • Identifies the anticipated number of employees.
  • Identifies the hours of operation.
  • Highlights the anticipated number of vehicles or deliveries.
  • Discusses any buffering of neighboring land uses.
  • Discusses any phasing of the project, construction timelines, and the anticipated time frame for opening the development.
  • Any other relevant information.

How do I obtain additional information or schedule a pre-application meeting?

For answers to questions regarding the city’s pre-application schedule, or for additional information or to schedule a pre-application meeting, contact the Planner of the Day at 303-227-8777 or cdplanner@c3gov.com.

 

Subdivision

Related facts to know

Adams County Recording Requirements, Annexation, Common Wall Subdivision, Development Plan (PUD Development Permit), Fees, Helpful Contact Information, Lot Line Adjustment, Neighborhood Meeting, Park and School Fees, PUD (Planned Unit Development), Pre-Application Meeting, Right-of-Way Vacation, Severed Mineral Rights, Sketch Plat, and Zone Change.

Introduction

A subdivision (sometimes called a plat) is the process by which property is divided or consolidated in order to legally create lots, tracts, or parcels

General Timeframe

  • In order to maximize the efficient processing of an application, it is in the applicant’s best interest to ensure that a complete and thorough application has been submitted and that any subsequent submittals adequately address comments that were provided.
  • A Final Plat will be reviewed concurrently with any other development review application(s) that is required.
  • No building permit may be submitted for review until all development review applications have been approved.
  • The length of time to process a subdivision can vary depending on the complexity of the request, the size of the subdivision, whether or not the subdivision is part of other requests, or if there are unique circumstances. However, subdivisions can generally be processed in the following timeframes:
    • Administrative Plats: 4 to 6 months
    • Public Hearing Plats: 8 to 12 months
    • Large-scale PUD Plats may take much longer due to the complexity of the project.
    • Staff determines if an application will be approved administratively or by public hearing.

General Notes

Prior to submitting a Final Plat for review, a Pre-Application meeting with staff should be scheduled to discuss the application and any additional requirements.

A sketch plat is required before a final plat submittal for subdivisions with great than 20 lots.

Occasionally, the city may require a neighborhood meeting when it appears an application may have impacts to
the surrounding area.

The city is authorized to impose on a subdivision approval any condition(s) that are necessary in order to carry out
the general purpose and intent of the Land Development Code (LDC) or Comprehensive Plan.

The city may revoke any approved subdivision, if the applicant for such subdivision fails to comply with any of the
conditions that were imposed by the city in conjunction with the approval.

If the approved subdivision is not executed by the applicant (signed and notarized Mylars delivered to the city with
the necessary fees) within 60 days of the date of approval, the plat shall be null and void and automatically lapse.

An approval shall authorize only the development described in the approved application.

 

Review Process

A request for a subdivision usually is initiated by the property owner or a qualified representative through the PreApplication process.

The applicant hires (or has hired prior to the Pre-Application meeting) a licensed land surveyor or engineer to prepare a subdivision according to state and local requirements.

A complete application is submitted for city review.

  • At the time of submittal, staff will determine if the application is complete (incomplete applications will not be accepted and will be returned without review).
  • The city will refer the application for review and comment to various departments within the city and outside organizations.
  • After a review period of approximately 6 weeks (8 for residential projects), the case will be discussed at the internal Development Review Team (DRT) meeting. After the DRT meeting, the applicant will receive a comment letter that identifies necessary revisions or questions that need to be answered.
  • The applicant will address these comments and resubmit to the city for an additional review cycle of approximately 5 weeks (7 weeks for residential projects). This process will continue until all comments are resolved (which may involve multiple review cycles), and the application is ready for the administrative approval process or public hearing.

Once an administrative application is ready for the approval process, City Council is notified, the property is posted, postcards are sent to nearby property owners, and a notice is placed in the newspaper. If no written objection is received within seven days, the plat is approved and the applicant may provide their signed and notarized Mylars to the city for recording.

Once a public hearing application is ready for the approval process, the property is posted, postcards are sent to nearby property owners, and a notice is placed in the newspaper to announce that the application will be heard by the Planning Commission (held on the first Tuesday of every month at 6 p.m. at the Civic Center). The Planning Commission will make a recommendation to City Council for approval, approval with conditions, or denial of the request. City Council then will hear the application the following month (generally on the 3rd Monday of the month at 6:30 p.m. at the Civic Center).

 

Final Plat Approval Criteria

  1. The subdivision is consistent with any approved rezoning, concept plan or PUD Zone Document.

  2. The subdivision is consistent with and implements the intent of the specific zoning districts in which it is located.

  3. There is no evidence to suggest that the subdivision violates any state, federal, or local laws, regulations, or requirements.

  4. The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, and otherwise accomplishes the purposes and intent of this land development code.

  5. The subdivision complies with applicable city standards and does not unnecessarily create lots or patterns of lots that make compliance with such standards difficult or infeasible.

  6. The subdivision:
    1. Will not result in substantial or undue adverse effect on adjacent properties, traffic conditions, parking, public improvements, either as they presently exist or as they may in the future exist as a result of the implementation of provisions and policies of the comprehensive plan, this land development code, or any other plan, program, or ordinance adopted by the city; or
    2. Any adverse effect has been or will be mitigated to the maximum extent feasible;
  7. Adequate and sufficient public safety, transportation, utility facilities and services, recreation facilities, parks, and schools are available to serve the subject property, while maintaining sufficient levels of service to existing development;
  8. A development agreement between the city and the applicant has been executed and addresses the construction of all required public improvements; and
  9. As applicable, the proposed phasing plan for development of the subdivision is rational in terms of available infrastructure capacity.

Submittal requirements

Please note that incomplete submittals will not be accepted for review. Any inaccurate or incomplete information provided by the applicant may cause the application to be returned to the applicant and/or delay review cycles, which may impact the case completion time frame. Please visit c3gov.com/etrakit for complete information for submitting for this application type.

The following items will need to be included in your submittal package:

  • Property Owner Authorization
  • General warranty deed, with a complete legal description, for the subject property
  • Proposed plat. Please refer to Roadway Naming and Addressing Standards for the city’s street name and addressing standards, which are available on the city’s website
  • Current site plan for the affected lot(s)
  • Traffic study conducted within the last two years or conformance letter to a city-approved traffic study
  • Drainage report or drainage conformance letter
  • Completed Checklist Binder from this page
  • If required, development plan and all other required documents
  • Previously negotiated Public Improvement Agreement (If not negotiated prior to the initial submittal, this will be provided to the applicant at the time of the 1st comment letter. This document is negotiated through the Public Works Department)
  • Electronic copy of a preliminary soils report that is signed and sealed by the Engineer of Record (if required)
  • City Council, Planning Commission, or staff may require additional information or technical studies such as drainage studies, construction plans, address plats, development agreements, or traffic studies

The subsequent sheets contain the review checklist and a subdivision template that staff will use to review all submitted final plats.

 

Development Plan (PUD Development Permit)

Related facts to know

Annexation, Approved Plant List, Bulk Standards (for the relevant zone district), Concept Plan, Conditional Use Permit, Fees, Helpful Contact Information, Landscape Plan, Lot Line Adjustment, Neighborhood Meeting, Park and School Fees, PUD (Planned Unit Development), Pre-Application Meeting, Severed Mineral Rights, Sketch Plat, Subdivision (Plat), Useby-Permit, Variance, Zone Change, and Water.

Introduction

A Development Plan (for properties with a straight zone designation) or a PUD Development Permit (for properties with a PUD zone designation) is the process by which proposed development is reviewed for compliance with the provisions of the city’s development standards and/or the PUD Zone Document.

General Timeframe

In order to maximize the efficient processing of an application, it is in the applicant’s best interest to ensure that a complete and thorough application has been submitted and any subsequent submittals adequately address any comments that were provided.

A Development Plan (PUD Development Permit) will be reviewed concurrently with any other development review applications that are required.

No building permit may be submitted for review until all development review applications have been approved.

The length of time to process a Development Plan (PUD Development Permit) can vary depending on the complexity of the request, the size of the development, whether or not the development is part of other requests, or if there are unique circumstances. However, Development Plans (PUD Development Permits) generally can be processed in the following timeframes:

  • Administrative: 4 to 6 months
  • Public Hearing: 6 to 12 months
  • Staff will help determine if an application will be approved administratively or by public hearing.

 

General Notes

A Development Plan (PUD Development Permit) is required prior to the submittal of a building permit for the following types of development:

  • Any commercial or industrial development on vacant property.
  • Commercial or industrial additions that are 5,000 s.f. or larger or comprise more than 50% of the floor area of an existing building.
  • Any multi-family dwelling development.
  • Any mobile home park development.
  • Any development where more than one principal building will be on a single lot.
  • Any development intended for a combination of residential and non-residential uses.
  • Any civic or institutional use, except range lands, public lands, parks, or minor public utilities.
  • Any substantial change in use of a property that results in special or unique circumstances as determined by the city.

Prior to submitting a Development Plan (PUD Development Permit) for review, a pre-application meeting with staff should be scheduled to discuss the application and any additional requirements.

Occasionally, the city may require a neighborhood meeting when it appears that an application may have impacts to the surroundings area.

The city is authorized to impose any condition(s) on the approval of a Development Plan (PUD Development Permit) necessary in order to carry out the general purpose and intent of the Land Development Code (LDC) or the Comprehensive Plan.

The city may revoke an approved Development Plan (PUD Development Permit) if the applicant fails to comply with any of the conditions that were imposed by the city in conjunction with the approval.

The right to develop in accordance with the approved Development Plan (PUD Development Permit) shall lapse if the development shown on the approved document is not commenced within 2 years from the date of approval, or if development ceases for at least 180 days after work has begun.

An approval shall authorize only the development described in the approved application.

Review Process

A request for a Development Plan (PUD Development Permit) is usually initiated by the property owner, or a qualified representative, through the pre-application process.

A complete application is submitted for review.

  • At the time of submittal, staff will determine if the application is complete (incomplete applications will not be accepted and will be returned without review).
  • The city will refer the application out to various departments within the city and outside organizations for review and comment.
  • After a review period of approximately 3 weeks, the case will be discussed at the internal Development Review Team (DRT) meeting. After the DRT meeting, the applicant will receive a comment letter identifying necessary revisions and questions to be answered.
  • The applicant will address these comments and resubmit to the city for an additional review cycle of approximately 2 weeks. This process will continue until all comments are resolved (may involve multiple review cycles) and the application is ready for the administrative approval process or public hearing.

Once an administrative application is ready for approval, the Director of Community Development will approve or approve with conditions the Development Plan (PUD Development Permit).

For Development Plans (PUD Development Permits) that accompany other public hearing applications, the body that has the authority to approve the public hearing application also will approve the Development Plan (PUD Development Permit).

The Certificate of Occupancy shall not be issued until all final inspections have been conducted and approved.

Maintenance of the property in compliance with the approved Development Plan (PUD Development Permit) shall be a condition of the Certificate of Occupancy.

Development Plan Approval Criteria

  1. Complies with city standards;
  2. Is consistent with any previously approved subdivision plat, rezoning concept plan, or other plans or land use
    approvals;
  3. Provides adequate mitigation for any significant adverse impacts resulting from the use; and
  4. Creates a positive precedent for the future cumulative development of the immediate area.

Pud Development Permit Approval Criteria

  1. Complies with city standards;
  2. Is consistent with any previously approved PUD Zone Document, rezoning concept plan, or other plans or land use approvals;
  3. Provides adequate mitigation for any significant adverse impacts resulting from the use;
  4. Creates a positive precedent for the future cumulative development of the immediate area;
  5. Provides utilities, drainage, and other necessary facilities in accordance with the final PUD Development Permit; and
  6. If the proposed PUD Development Permit includes mixed-use areas, then:
    1. The elements of the PUD Development Permit such as streets, structures, parking areas, pedestrian walkways, courtyards, plazas, landscaping, service areas, open spaces, bicycle movement provisions, screening, lighting, and maintenance and storage facilities are arranged and designed to further the purpose and intent of the PUD Zone District;
    2. Design and location of ingress and egress minimize traffic congestion on public and private streets; and
    3. The residential design will provide a positive effect on the environment of the citizens who will occupy the residences.

Submittal Requirements for a Development Plan

Please note that incomplete submittals will not be accepted for review. Any inaccurate or incomplete information provided by the applicant may cause the application to be returned to the applicant and/or delay review cycles which may impact the case completion time frame. Please visit c3gov.com/etrakit for complete information for submitting for this application type. The following items will need to be included in your submittal package.

  • Property owner authorization
  • General warranty deed, with a complete legal description, for the subject property.
  • A preliminary contact letter from the South Adams County Water and Sanitation District.
  • The proposed Development Plan or PUD Development Permit. The submittal shall include:
    • A Site Plan
    • Architectural Elevations of all sides of the proposed building(s) and all existing or remaining building(s).
    • A Landscape Plan
  • Fire Department Apparatus turning exhibit
    • Additionally, a truck circulation plan will be required for uses that are truck dependent.
  • Narrative for the project that:
    • Discusses the use of the property and the scope of the project.
    • Describes site layout and circulation.
    • Identifies the anticipated number of employees.
    • Identifies the hours of operation.
    • Highlights the anticipated number of vehicles or deliveries.
    • Discusses any buffering of neighboring land uses.
    • Discusses any phasing of the project, construction timelines, and the anticipated time frame for opening the development.
    • Any other relevant information.
  • Material/Color board for all proposed or existing buildings that are a part of the proposed development.
  • Address plat that shows all street names and addresses for all lots/buildings within the proposed development (applies to multiple buildings on a single lot, or multiple buildings on multiple lots).
  • A Traffic study or letter completed within the last 2 years
  • A Drainage report or drainage conformance letter
  • Pre-App Response Letter addressing all comments (If Applicable)
  • Hard Copy Requirements
    • 1 Hard Copy of the Material/Color Board with dimensions of the color/material board not exceeding 24 inches by 24 inches, with all material samples securely fastened to the board. Multiple boards and individual material samples over 12 inches in size are prohibited without prior approval from planning staff. The color/material board will not be returned to the applicant after development plan approval.
  • Additional Materials Required by Staff may include
    • A Grading Plan
    • A Lighting Plan
    • A Phasing Plan (mandatory for multi-family)
    • A Utility Plan
  • City Council, Planning Commission, or staff may require additional information or technical studies on a case-bycase basis

Additional Requirements for Multi-Lot Development

  • Final Subdivision (Plat) Application.
  • Landscape Plan for all common areas, drainage, parks, trails, etc. (see the Facts to Know for Landscape Plans for more information).
  • Construction plans for the public improvements.
  • Preliminary geotechnical report by a P.E. licensed in the state of Colorado.

Subsequent sheets contain the review checklist that staff will use to review all submitted Development Plans and PUD Development Permit applications.

 

Planned Unit Development

Related facts to know

Annexation, Approved Plant List, Bulk Standards(for the relevant zone district), Concept Plan, Conditional Use Permit, Development Plan (PUD Development Permit) Fees, Helpful Contact Information, Landscape Plan, Lot Line Adjustment, Neighborhood Meeting, Park and School Fees, Pre-Application Meeting, Severed Mineral Rights, Sketch Plat, Subdivision (Plat), Use-by-Permit, Variance, Zone Change, and Water.

Introduction

A Planned Unit Development (PUD) Zone Document is a customized zoning document that is used in three different scenarios (Note: the purpose of a PUD Zone Document is not to avoid meeting bulk standards, design standards, sign standards, etc. All applicants for a PUD Zone Document must demonstrate how their proposal fits into one of the three categories listed below).

1. It allows a property owner to create a unique or innovative development.

2. It allows for the master planning of a large development area.

3. It accommodates a use that is so unique that it is not adequately addressed by a straight zone district.

Properties zoned with a PUD zoning designation are generally required to undertake three processes prior to submitting building permits. First, a PUD Concept Schematic is generally required to be submitted and it will be reviewed by the Development Review Team (DRT) and the Planning Commission (staff can help determine if a PUD Concept Schematic will be necessary). PUD Concept Schematics are neither approved nor denied. Second, the PUD Zone Document is submitted for the DRT’s review and approval by the City Council. Third, a PUD Development Permit is required to be submitted, which will be reviewed by the DRT and approved by either the DRT or City Council (see the Facts to Know for Development Plans/PUD Development Permits for more information).

General Timeframe

  • In order to maximize the efficient processing of an application, it is in the applicant’s best interest to ensure that a complete and thorough application has been submitted and any subsequent submittals adequately address any comments that were provided.
  • No building permit may be submitted for review until all land use applications have been approved.
  • The length of time to process a PUD Concept Schematic can vary depending on the complexity of the request, the size of the development, or if there are unique circumstances. However, a PUD Concept Schematic can generally be processed in 4 – 8 months.
  • Once the PUD Concept Schematic has been reviewed by the DRT and the Planning Commission a PUD Zone Document can be submitted.
  • The length of time to process a PUD Zone Document can vary depending on the complexity of the request, the size of the development, whether or not the development is part of other requests, or if there are unique circumstances. However, PUD Zone Documents generally can be processed in 8 – 12 months.
  • Generally speaking, the time it takes to fully entitle property with a PUD zoning designation is 12 – 18 months.
  • Prior to submitting a PUD Concept Schematic or a PUD Zone Document for review, a Pre-Application meeting with staff should be scheduled to discuss the application and any additional requirements.
  • Occasionally, the city may require a neighborhood meeting when it appears that an application may have impacts to the surrounding area.
  • The city is authorized to impose any condition(s) on the approval of a PUD Zone Document that are necessary in order to carry out the general purpose and intent of the Land Development Code (LDC) or the Comprehensive Plan.
  • The city may revoke an approved PUD Zone Document if the applicant fails to comply with any of the conditions that were imposed by the city in conjunction with the approval.

Review Process

  • A request for a PUD Concept Schematic or a PUD Zone Document is usually initiated by the property owner or a qualified representative through the Pre-Application process.
  • A complete application is submitted for review.
    • At the time of submittal, staff will determine if the application is complete (incomplete applications will not be accepted and will be returned without review).
    • The city will refer the application out to various departments within the city and outside organizations for review and comment.
    • After a review period of approximately 6 weeks (8 weeks for residential), the case is discussed at the internal Development Review Team (DRT) meeting. After the DRT meeting, the applicant will receive a comment letter identifying necessary revisions and questions to be answered.
    • The applicant will address these comments and resubmit to the city for an additional review cycle of approximately 5 weeks (7 weeks for residential). This process will continue until all comments are resolved (this may involve multiple review cycles) and the application is ready for either the study session with Planning Commission or the public hearing process.
  • Once a PUD Concept Schematic is ready for study session with Planning Commission, staff will work with the applicant to schedule a meeting with the Planning Commission. The study session with the Planning Commission is intended to provide feedback for both the applicant and city staff to consider when reviewing the PUD Zone Document.
  • Once a PUD Zone Document is ready for public hearing, but prior to the hearing, the property will be posted with a sign for 7–10 days, a public hearing notice will be placed in the newspaper, and neighbors will be notified in writing of the request. This process will occur for both Planning Commission and City Council hearings.
  • A PUD Zone Document is required to have two (2) public hearings. The first public hearing will take place with the Planning Commission, who will make a recommendation to the City Council to approve, approve with conditions, or deny the application. The ultimate approval or denial of a PUD Zone Document is made by the City Council at a public hearing the month following the Planning Commission hearing. If approved, one (1) additional City Council meeting is required for a second reading of the ordinance (applicants are not required to attend the second reading).
    • The Planning Commission meets at 6 p.m. on the 1st Tuesday of every month in the City Council Chambers located at 7887 E. 60th Avenue.
    • The City Council hears land use cases on the 3rd Monday of every month in the City Council Chambers located at 7887 E. 60th Avenue. City Council meetings begin at 6 p.m.
    • According to Colorado state law, applicants are required to notify any severed mineral right interests prior to a public hearing. An applicant who has not notified relevant mineral right owners will have their application postponed until they are able to prove compliance with state requirements.

PUD Zone Document Approval Criteria

  1. The PUD Zone Document is consistent with the policies and goals of the comprehensive plan, any applicable adopted area plan, or community plan of the city, or it reflects conditions that have changed since the adoption of the comprehensive plan;
  2. The PUD Zone Document is consistent with any previously reviewed PUD Concept Schematic;
  3. The PUD:
    1. Addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes set out in Section 21-4370 (PUD Zone District) of the LDC and represents an improvement in quality over what could have been accomplished through strict applications of the otherwise applicable district or development standards. This may include but is not limited to improvements in open space; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; unique architecture or design; or increased choice of living and housing environments; or
    2. The PUD is required to avoid completely prohibiting a legal, permitted business use within the city;
  4. The PUD complies with all applicable city standards not otherwise modified or waived by the city;
  5. The PUD is integrated and connected with adjacent development through street connections, sidewalks, trails, and similar features;
  6. To the maximum extent feasible, the proposal mitigates any potential significant adverse impacts on adjacent properties or on the general community;
  7. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development;
  8. As applicable, the proposed phasing plan for development of the PUD is rational in terms of available infrastructure, capacity, and financing;
  9. The same development could not be accomplished through the use of other techniques, such as height exceptions, variances, or minor modifications.

Submittal Requirements for PUD Concept Schematics

Please note that incomplete submittals will not be accepted for review. Any inaccurate or incomplete information provided by the applicant may cause the application to be returned to the applicant and/or delay review cycles which may impact the case completion time frame. Please visit c3gov.com/etrakit for complete information for submitting for this application type. The following items will need to be included in your submittal package.

  • Property Owner Authorization with the non-refundable review fee.
  • General warranty deed with a complete legal description for the subject property.
  • Preliminary contact letter from the South Adams County Water and Sanitation District.
  • PUD Concept Schematic. The submittal shall include things like (an example PUD Concept Schematic is located with the checklist):
    • The property boundaries.
    • All adjacent land uses.
    • The proposed land use designations with densities and/or intensities.
    • The general location for arterial and collector streets with potential access points.
    • Types and locations for schools.
    • Locations and sizes of parks, existing natural features (i.e. trees/vegetation, floodways, wildlife habitat, etc.) that will be preserved and/or protected.
    • Any existing or known oil and gas facilities and/or windows.
    • Potential phasing plan (if applicable).
    • Any other relevant information.
  • Narrative for the project that:
    • Discusses the use of the property and the scope of the project, including how the proposal is consistent with the Comprehensive Plan.
    • Describes site layout and circulation.
    • Discusses the general location for arterial and collector streets with potential access points, densities of residential uses, types of businesses, types and locations for schools, locations and sizes of parks, existing natural features (i.e. trees/vegetation, floodways, wildlife habitat, etc.) that will be preserved and/or protected, and any oil and gas facilities located within the boundaries of the proposal.
    • Discusses the potential phasing plan.
    • Discusses the integration with surrounding development (either current or future).
    • Any other relevant information.
  • City Council, Planning Commission, or staff may require additional information or technical studies on a case-by-case basis.
  • Hard Copy Requirements
    • (18" x 24") of the PUD Concept Schematic

Submittal Requirements for PUD Zone Documents

Please note that incomplete submittals will not be accepted for review. Any inaccurate or incomplete information provided by the applicant may cause the application to be returned to the applicant and/or delay review cycles which may impact the case completion time frame. Please visit c3gov.com/etrakit for complete information for submitting for this application type. The following items will need to be included in your submittal package.

  • Land use application and the non-refundable review fee.
  • General warranty deed with a complete legal description for the subject property.
  • Preliminary contact letter from the South Adams County Water and Sanitation District.
  • PUD Zone Document (an example PUD Zone Document is located with the checklist).
  • Narrative for the project that:
    • Discusses the use of the property and the scope of the project, including how the proposal is consistent with the Comprehensive Plan and the PUD Concept Schematic.
    • Describes site layout and circulation.
    • Discusses the general location for arterial and collector streets with potential access points.
    • The densities of residential uses.
    • The types of commercial uses and/or businesses.
    • The types and locations for schools.
    • The types, locations, and sizes of parks; any existing natural features (i.e. trees/vegetation, floodways, wildlife habitat, etc.) that will be preserved and/or protected; and any oil and gas facilities located within the boundaries of the proposal.
    • Discusses the potential phasing plan.
    • Discusses the integration with surrounding development (either current or future).
    • Discusses any topics that were identified as part of the study session with Planning Commission.
    • Any other relevant information.
  • Drainage Study (if applicable – determined by the Public Works Department).
  • Traffic Study (if applicable – determined by the Public Works Department).
  • Severed Mineral Rights (if required).
  • City Council, Planning Commission, or staff may require additional information or technical studies on a case-by-case basis.
  • Hard Copy Submittal Requirements
    • (18’’ x 24’’) of the PUD Zone Document

The subsequent sheets contain the review checklist and template documents that staff will use to review all submitted PUD Concept Plans and PUD Zone Document applications. Please Note: additional information may be necessary in order to perform a complete review of the application.

Zone Change

Related facts to know

Pre-Application Meeting, Neighborhood Meeting, Annexation, Development Plan, and Land Use Plan Amendments.

Introduction

Zoning controls the use of land and the buildings thereon. If a proposed use of land or building development does not comply with the current zoning for that parcel, then a rezoning or Zone Change is required. A rezoning or Zone Change is any change in the city’s official zoning map. A Zone Change includes annexation zoning, zoning amendments, zoning condition review, and zoning condition amendments. Sometimes a rezoning request also entails a Land Use Plan Amendment, when the proposed Zone Change does not match the Comprehensive Plan.

General Timeframe

The length of time to process a Zone Change may vary depending on the complexity of the request, or if there are unique circumstances. However, Zone Changes generally can be processed in the following timeframe:

  • Typical Zone Changes: 8 to 12 months
  • Large-Scale PUD Zone Changes: May take much longer, depending on the complexity of the project.

In order to maximize or efficiently process an application, it is in the applicant’s best interest to ensure that a complete and thorough application has been submitted and that any subsequent submittals adequately address all comments that were provided.

No building permit may be submitted for review until all development review applications have been approved.

General Notes

Prior to submitting a Zone Change application for review, a pre-application meeting with staff should be scheduled to discuss the application and any additional requirements.

  • A Zone Change may be initiated by the city or by the owner of the property that is the subject of the Zone Change request.
  • Development Plan Required. Unless initiated by the city or determined unnecessary by the director, every application for Zone Change shall be accompanied by a development plan, except for the following:
    • A request to rezone to an R-1 or R-2 zoning district; or
    • A request to rezone to an AG district used only for residential activities and accessory agricultural uses.
  • Occasionally, the city may require a neighborhood meeting when it appears that an application may have impacts to the surrounding area.
  • The city is authorized to impose on a Zone Change approval any condition(s) that are necessary in order to carry out the general purpose and intent of the Land Development Code (LDC) or Comprehensive Plan.
  • Zone changes, if granted, run with the land and are in effect for the life of the property, regardless of ownership, unlike Conditional Use Permits or Uses-by-Permit, which are granted to the applicant only.

Review Process

  • A request for a Zone Change usually is initiated by the property owner or a qualified representative, subsequent to a Pre-Application Meeting with staff.
  • A complete application is submitted for city review.
    • At the time of submittal, staff will determine if the application is complete (incomplete applications will not be accepted and will be returned without review).
    • The city will refer the application to various departments within the city and to outside organizations for review and comment.
    • After a review period of approximately three weeks, the case will be discussed at the internal Development Review Team (DRT) meeting. After the DRT meeting, the applicant will receive a comment letter that identifies necessary revisions and questions to be answered.
    • The applicant will address the comments and resubmit revisions to the city for an additional review cycle of approximately four to six weeks. This process will continue until all comments are resolved and the application is ready to be scheduled for the public hearing process (generally, an application needs to be ready for public hearing prior to being heard by the Planning Commission).
  • Once an application is ready for public hearing, the property will be posted with a sign for a period of 7 to 10 days, a public hearing notice will be placed in the newspaper, and neighbors will be notified in writing of the request. This process will occur for both Planning Commission and City Council hearings.
  • A Zone Change application is required to have two public hearings. The first public hearing will take place before the Planning Commission, who will make a recommendation to the City Council as to whether to approve, approve with conditions, or deny the application. The ultimate approval or denial of a Zone Change application is determined by the City Council at a public hearing the month following the Planning Commission hearing. If approved, one additional City Council meeting is required for a second reading of the ordinance.
    • The Planning Commission meets on the 1st Tuesday of every month in the City Council Chambers located at 7887 East 60th Avenue. Meetings begin at 6 p.m.
    • The City Council considers land use cases on the 3rd Monday of every month in the City Council Chambers located at 7887 East 60th Avenue. Meetings begin at 6 p.m.

Zone Change Approval Criteria

  1. The Zone Change corrects a technical mistake on the part of the city in classifying a parcel within a specific zoning district; or
  2. The Zone Change meets all of the following:
    1. The proposed zone district and allowed uses are consistent with the policies and goals of the comprehensive plan, any applicable adopted area plan, or community plan of the city;
    2. The proposed zone district and allowed uses are compatible with proposed development, surrounding land uses and the natural environment;
    3. The proposed zone district will have, or future development can provide, efficient and adequate provision of public services, including but not limited to, water, sewerage, streets, and drainage;
    4. The proposed zone district will have, or future development can provide, efficient and adequate provision of public uses including but not limited to, parks, schools, and open space;
    5. There is a community need for the zoning district in the proposed location, given need to provide or maintain a proper mix of uses both within the city and the immediate area of the proposed use; and
    6. The area for which Zone Change is requested has changed or is changing to such a degree that it is in the public interest to allow a new use or density.

Submittal Requirements for a Zone Change

Please note that incomplete submittals will not be accepted for review. Any inaccurate or incomplete information provided by the applicant may cause the application to be returned to the applicant and/or delay review cycles which may impact the case completion time frame. Please visit c3gov.com/etrakit for complete information for submitting for this application type. The following items will need to be included in your submittal package.

  • Property Owner Authorization and applicable non-refundable fee.
  • General warranty deed, with a complete legal description (often times in the form of Exhibit “A,” attached to the warranty deed) for the property or properties for which the application is made.
  • Certified boundary survey for the property or properties for which application is made (if required by city staff).
  • Description of the proposed Zone Change and development in a written narrative that explains the proposal and intentions of the applicant. The narrative shall be written clearly and accurately to avoid any misunderstanding, and it must address the following criteria:
    • Consistency of the proposed Zone Change with the policies and goals of the comprehensive plan, any applicable adopted area plan, or community plan of the city;
    • Compatibility of the proposed Zone Change with surrounding land uses and the natural environment;
    • The impact of the proposed Zone Change on providing efficient and adequate provision of public services, including, but not limited to, water, sewerage, streets, and drainage;
    • The impact of the proposed Zone Change on efficient and adequate provision of public uses including but not limited to, parks, schools, and open space;
    • The community’s need for the zoning district in the proposed location and the need to provide or maintain a proper mix of uses both within the city and the immediate area of the proposed use;
    • The area for which the Zone Change is requested has changed or is changing to such a degree that it is in the public interest to allow a new use or density.
  • Severed Minerals Rights Facts-to-Know, if applicable (properties north of East 88th Avenue are applicable).
  • In conjunction with a Zone Change request, a development plan application or site plan also is required. The specifics of this application, including number of copies, may be found in the Development Plan Facts-to-Know.
  • City staff may require additional information or technical studies such as drainage studies, construction plans, address plats, and development agreements. To assure that the application is complete, please check with city staff prior to application submittal.
  • Additionally, the Planning Commission or City Council may request from the applicant additional information or technical studies such as traffic studies, drainage studies, etc.

Upon request, staff will provide examples of previously approved Zone Change applications to illustrate the quality and type of submittals that are expected.