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5. Procedures And Requirements For The Approval Of Annexations, Rezonings, Development Plans, and Plats

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CHAPTER 5

PROCEDURES AND REQUIREMENTS FOR THE APPROVAL OF
ANNEXATIONS, REZONINGS, DEVELOPMENT PLANS, AND PLATS

11-5-1:  ANNEXATIONS
11-5-2:  REZONING REQUIREMENT
11-5-3:  STANDARDS FOR APPROVAL OF ZONINGS AND REZONINGS
11-5-4:  PRELIMINARY DEVELOPMENT PLAN (PDP) REQUIREMENT
11-5-5:  OFFICIAL DEVELOPMENT PLAN (ODP) REQUIREMENT
11-5-6:  OFFICIAL DEVELOPMENT PLAN (ODP) WAIVER
11-5-7:  FORMAT AND APPROVAL PROCESS FOR PRELIMINARY DEVELOPMENT
              PLANS (PDP's)
11-5-8:  FORMAT AND APPROVAL PROCESS FOR OFFICIAL DEVELOPMENT PLANS
              (ODP's)
11-5-9:  FORMAT AND APPROVAL PROCESS FOR AMENDMENTS TO PRELIMINARY
              DEVELOPMENT PLANS (PDP's)
11-5-10: FORMAT AND APPROVAL PROCESS FOR AMENDMENTS TO OFFICIAL
              DEVELOPMENT PLANS (ODP's)
11-5-11: FORMAT AND APPROVAL PROCESS FOR FINAL PLATS
11-5-12: APPLICATION FORMAT AND CONTENT FOR LANDSCAPE AND IRRIGATION
               DRAWINGS AND PRIVATE IMPROVEMENTS AGREEMENT
11-5-13: PUBLIC HEARINGS FOR LAND DEVELOPMENT APPROVALS
11-5-14: STANDARDS FOR APPROVAL OF PLANNED UNIT DEVELOPMENTS,
               PRELIMINARY DEVELOPMENT PLANS AND AMENDMENTS TO PRELIMINARY 
               DEVELOPMENT PLANS
11-5-15: STANDARDS FOR APPROVAL OF OFFICIAL DEVELOPMENT PLANS AND AMENDMENTS TO
               OFFICIAL DEVELOPMENT PLANS
11-5-16: STANDARDS FOR APPROVAL OF FINAL PLATS
11-5-17: DURATION OF PLAN APPROVALS
11-5-18: VESTED PROPERTY RIGHTS
11-5-19: DISCLOSURE REQUIREMENTS

11-5-1:  ANNEXATIONS:  (2534)  The annexation of property to the City of Westminster shall occur pursuant to and be governed by the provisions of C.R.S. sections 31-12-101, et seq., also known as the Municipal Annexation Act of 1965, as the same may from time to time be amended.

 11-5-2:  REZONING REQUIREMENT: (2534)

(A)  No zoning or rezoning for any property within the City shall be granted unless the zoning or rezoning is to Planned Unit Development or O1, provided, however:

     1.  For property without current Planned Unit Development zoning, such property may be rezoned to a non-PUD zoning classification, if such property is:

(a)  less than two (2) acres; and
(b)  previously developed or partially developed, or, if undeveloped, such property abuts an existing zone of the same zone being requested.

     2.  For property with current Planned Unit Development zoning, such property may be rezoned to a non-PUD zoning classification, in the discretion of City Council, based on Council's finding of all of the following conditions:

(a)  the surrounding land uses are zoned for residential use or are zoned O1;
(b)  the size of the property is not more than two (2) acres in size;
(c)  the change in zoning to a zoning other than Planned Unit Development will not adversely impact the surrounding neighborhood; and
(d)  the proposed zoning will result in a project of lower residential density than the PUD existing at the time.

(B)  Any application for zoning or rezoning shall be subject to review and approval by the Planning Commission and City Council in accordance with the procedures set forth in section 11-5-13 of this Code.  Individual land uses within a Planned Unit Development district may be added or changed pursuant to approval, by motion of City Council, of a Preliminary Development Plan or an Amended Preliminary Development Plan setting forth the permitted land uses within the Planned Unit Development.  No rezoning from one zoning district to another shall be effective except pursuant to a duly adopted ordinance of the City Council.  Preliminary and Official Development Plans, and amendments thereto, may be approved by motion of the City Council.

(C)  A non-refundable application fee as specified in the Planning and Engineering Development Review Fee Schedule set forth in Section 11-1-6 shall be paid at the time of application for any rezoning from one classification to another.  (2598)

11-5-3:  STANDARDS FOR APPROVAL OF ZONINGS AND REZONINGS:  (2534) 

(A)  The following criteria shall be considered in the approval of any application for zoning or rezoning to a zoning district other than a Planned Unit Development: 

     1.  The proposed zoning or rezoning is in conformance with the City's Comprehensive Plan and all City policies, standards and sound planning principles and practice.

     2.  There is either existing capacity in the City's street, drainage and utility systems to accommodate the proposed zoning or rezoning, or arrangements have been made to provide such capacity in a manner and timeframe acceptable to City Council. 

(B)  The City may initiate a rezoning of any property in the City without the consent of the property owner, including property annexed or being annexed to the City, when City Council determines, as part of the final rezoning ordinance, any of the following: 

     1.  The current zoning is inconsistent with one or more of the goals or objectives of the City's Comprehensive Land Use Plan.
     2.  The current zoning is incompatible with one or more of the surrounding land uses, either existing or approved.  
     3.  The surrounding development is or may be adversely impacted by the current zoning.  
     4.  The City's water, sewer or other services are or would be significantly and negatively impacted by the current zoning and the property is not currently being served by the City.

(C)  Any City-initiated rezoning shall satisfy the standards set forth in subparagraph (A) above. 

(D)  Any application for zoning or rezoning to Planned Unit Development shall satisfy the standards set forth in section 11-5-14. 

11-5-4:  PRELIMINARY DEVELOPMENT PLAN (PDP) REQUIREMENT:  (2534)

(A)  Unless otherwise approved by City Council, any request for rezoning to Planned Unit Development shall be accompanied by a request for approval of a PDP. 

(B)  A Preliminary Development Plan for any property zoned Planned Unit Development or any property that would be required to rezone to Planned Unit Development shall be required prior to the use, improvement or development of such property.  The Preliminary Development Plan shall reflect a plan for development, redevelopment, or non-development of all contiguous land under the same or substantially the same ownership as determined by the City.  This requirement shall apply even if the owner has no immediate plans for the development or redevelopment of a portion of the land.  The Preliminary Development Plan may include portions of the property for which a land use is not designated. 

Where a land use is not designated, no application for approval of an Official Development Plan shall be made until land uses are established by an amendment to the Preliminary Development Plan in accordance with this Chapter.

(C)  Except as provided herein, it shall be unlawful for the owner, or the agent of the owner, of any unplatted or unsubdivided land located within the City to transfer, sell, agree to sell, or negotiate to sell any portion less than the whole of all contiguous land under or substantially under the same ownership prior to the approval by the City and the recording in the Office of the County Clerk and Recorder of a Preliminary Development Plan or a final plat for all contiguous land under the same or substantially the same ownership. This provision shall not apply to an owner or the agent of the owner transferring or selling land to the City pursuant to Section 11-4-6(R), W.M.C.. A Preliminary Development Plan may be used as the basis for a subdivision and subsequent sale or transfer of land under this paragraph, provided that said Preliminary Development Plan contains legally defined and described boundaries of the parcels being created by the subdivision.

(D)  The requirement set forth above for a separate Preliminary Development Plan for a Planned Unit Development may be waived by the City Manager or his or her designee if it is determined that the information required in this Code for the Preliminary Development Plan can be reasonably combined with the information required for the Official Development Plan.  In such cases, an application for approval of a Combined PDP/ODP for the property shall be submitted and processed in accordance with the procedures for the approval of a PDP as set forth in section 11-5-7.  The application for approval of the Combined PDP/ODP shall contain all the information required for PDP's and ODP's as set forth in sections 11-5-7 and 11-5-8 below. 

11-5-5:  OFFICIAL DEVELOPMENT PLAN (ODP) REQUIREMENT:  (2534)

(A)  No property in the City shall be used, improved or developed, and no building permit shall be issued, nor shall any utility improvements be permitted unless an ODP for the property has been approved or an ODP waiver has been granted in accordance with this Chapter. 

(B)  Neither an ODP nor an ODP waiver shall be required for:

     1.  Tenant finish permits.
     2.  Grading permits for which the City Engineer has determined an ODP is unnecessary.  
     3.  A change of use or occupancy if there are no changes or improvements to any structure on the site and all other provisions of this Code are met. 

(C)  For any property zoned Planned Unit Development, the City shall have the option to require that an ODP filed with the City cover the entire ownership or substantially the same ownership as determined by the City.

(D)  For any property not zoned Planned Unit Development, any ODP filed with the City shall reflect a plan for the development or redevelopment of all contiguous land under or substantially under the same ownership.  This requirement shall apply to all ODP's, even if the landowner has no immediate plans for the development or redevelopment of such land.  The intent is to insure that a unified plan is approved for all land under or substantially under the same ownership. 

(E)  No development shall commence, no building shall be occupied, and no lots shall be sold until the requirements of this Chapter and all additional requirements in the ODP or ODP waiver for the property have been met.  Failure to comply with the ODP or ODP waiver at any point in the construction process shall be cause for the issuance of a stop work order or correction notice. 

(F)  No certificate of occupancy shall be granted unless and until all provisions of the approved ODP or ODP waiver have been met, except the City Manager, in his or her discretion, may authorize a certificate of occupancy to be issued prior to completion of landscaping improvements upon receipt of an agreement guaranteeing the completion of such improvements incorporating one of the forms of guarantees specified in Chapter 7 of this Code. 

(G)  It shall be unlawful for any person, firm, or corporation to complete the sale of, hold a real estate closing upon, transfer, convey, or permit to be occupied any building or structure until the City has issued a certificate of occupancy therefor.

11-5-6:  OFFICIAL DEVELOPMENT PLAN (ODP) WAIVER: (2534 2598 3664)

(A)  No ODP waiver shall be granted for any property zoned Planned Unit Development

(B) The requirement for an ODP may be waived by the City Manager if the City Manager determines (1) that the proposed improvements are minor site improvements including but not limited to additions, remodeling and accessory buildings; the construction of a single-family dwelling on a platted lot in a standard residential district; or advertising signs, fences, and landscaping which are to be made in accordance with City Code and (2) the improvements will have no adverse impacts on surrounding lots and parcels nor the public health, safety, or general welfare.  The City Manager may condition the approval of any such waiver upon the development satisfying any or all of the criteria set forth in section 11-5-15, Standards for Approval of Official Development Plans and Amendments to Official Development Plans.   

(C)  A waiver of the ODP requirement may also be granted by the City Manager for the purpose of combining non-conforming lots or portions of non-conforming lots with continuous frontage in single ownership in a manner that creates conforming lots.  Such non-conforming lots or portions of lots shall be considered for the purpose of this Code to be an unsubdivided parcel.  Prior to the issuance of a building permit for any structure on such lots, a final plat in accordance with this Code shall be required to be submitted and approved.  The plat shall bring the lots into conformance with the density requirements of the district in which they are located.  Upon the denial by the City Manager of an ODP waiver, an ODP approval shall be required prior to development or redevelopment.

(D)  An application for an ODP waiver shall be in a form and contain such information as may be required by the City Manager.

(E)  An application fee as specified in the Planning and Engineering Development Review Fee Schedule set forth in Section 11-1-6 shall be paid at the time of application for an ODP waiver. 

11-5-7:  FORMAT AND APPROVAL PROCESS FOR PRELIMINARY DEVELOPMENT PLANS (PDP's):  (2534 2598 2975 3599 3664)

(A)  Application Procedures for PDP'S.

      (1) Applicants shall consult with the City prior to submitting an application for approval of a PDP to discuss the project concept and to gather information regarding City policies, codes, standards and procedures.

     (2) Following the initial discussion, an applicant may submit a concept plan and shall submit an application for review in a format specified in the Community Development Department's guidelines for submittal, a copy of which is available in the Planning Division offices.

     (3) Upon a determination by the project planner that the concept plan review, if any, is complete, the applicant shall prepare a detailed submittal for technical review of the proposed plans in the format specified in the Community Development Department's Plan Submittal Guidelines, a copy of which is available in the Planning Division offices. Comments shall be prepared and returned to the applicant. Additional submittals may be required at the option of the City. Staff review and feedback concerning a concept plan shall not be construed as a type of approval or pre-approval of any aspect of the submittal.

     (4) Following the concept plan review, if any, and prior to commencing any technical review of a proposed PDP, the applicant shall complete the neighborhood notification process described in the Community Development Department's Plan Submittal Guidelines, a copy of which is available in the Planning Division offices. The City Manager or the Manager's designee may waive this requirement for neighborhood notification if the Manager determines, based upon the project’s likely and foreseeable impacts on the surrounding neighborhood, that no neighborhood notification is required.

     (5) Prior to any review of a proposed PDP, the applicant shall provide:

(a) Written consent of all owners of the property in the proposed PDP; and
(b) Evidence of ownership and encumbrances satisfactory to the City and such other information as may be reasonably required to evaluate the proposed development;
     (6) A non-refundable application fee as specified in the Planning and Engineering Development Review Fee Schedule set forth in Section 11-1-6 shall be paid at the time of application for any proposed PDP. In addition, all recording fees shall also be paid for all plans and plats that have been approved by the City prior to their recording.

     (7) The City may initiate and approve an application for a preliminary development plan. In the event, the requirements of this Subsection (A) shall not be applicable. Any City initiated preliminary development plan shall meet or exceed the requirements of Section 11-5-14.

(B) APPROVAL PROCESS FOR PDP'S. All original PDP's shall be subject to review and approval by the Planning Commission and City Council in accordance with the procedures set forth in Section 11-5-13 of this Code.

11-5-8:  FORMAT AND APPROVAL PROCESS FOR OFFICIAL DEVELOPMENT PLANS (ODP'S):  (2534 2598 3027 3028 3599 3664)

(A)  Application Procedures for ODP's.

      (1) Applicants shall consult with the City prior to submitting an application for approval of an ODP to discuss the project concept and to gather information regarding City policies, codes, standards and procedures.

     (2) Following the initial discussion, an applicant may submit a concept plan and shall submit an application for review in a format specified in the Community Development Department's Plan Submittal Guidelines, a copy of which is available in the Planning Division offices.

     (3) Upon a determination by the project planner that the concept plan review, if any, is complete, the applicant shall prepare a detailed submittal for technical review of the proposed plans in the format specified in the Community Development Department's Plan Submittal Guidelines, a copy of which is available in the Planning Division offices. Comments shall be prepared and returned to the applicant. Additional submittals may be required at the option of the City. Staff review and feedback concerning a concept plan shall not be construed as a type of approval or pre-approval of any aspect of the submittal.

     (4) Following the concept plan review, if any, and prior to commencing any technical review of a proposed ODP, the applicant shall complete the neighborhood notification process described in the Community Development Department's Plan Submittal Guidelines, a copy of which is available in the Planning Division offices. The City Manager or the Manager's designee may waive this requirement for neighborhood notification if the Manager determines, based upon the project’s likely and foreseeable impacts on the surrounding neighborhood, that no neighborhood notification is required.

     (5) Prior to any review of a proposed ODP, the applicant shall provide:
(a) Either the written consent of all owners of the property in the proposed ODP or evidence otherwise satisfactory to the Planning Manager of the applicant's authority to represent the owners of the property;
(b) Evidence of ownership and encumbrances satisfactory to the City and such other information as may be reasonably required to evaluate the proposed development;
(c) A non-refundable application fee as specified in the Planning and Engineering Development Review Fee Schedule set forth in Section 11-1-6 shall be paid at the time of application for any proposed ODP. In addition, all recording fees shall also be paid for all plans and plats that have been approved by the City prior to their recording.
     (6) City may initiate an application for an ODP without the consent of the property owner or owners for any redevelopment project within an Urban Renewal Area; provided, however, the approval of any such application shall be conditional and not effective until such time as all property covered by the ODP has been acquired by the Westminster Economic Development Authority or its designated redeveloper for the project. In such event, the above application procedures of this Subsection (A) shall not be applicable.

 (B)  Approval Process for ODP's:

      (1)  Administrative Approvals.  The City Manager may, but shall not be required to, approve any ODP or ODP waiver without hearing or notice, which:

(a)  Does not introduce a new land use not allowed by the PDP. 
(b)  Meets all requirements of the zoning district in which it is located, and the requirements of any PDP for the property.
(c)  Does not involve a parcel or lot more than 10 acres in size, or involves a proposed non-residential development of 20 acres or less in size, exclusive of property intended for or designated for future public ownership or dedication for open space, parks, rights-of-way or other public uses, that is determined by the City Manager to further the City's economic development goals and if such development meets guidelines established by City Council to qualify for economic development assistance.

     (2)  ODP's Requiring Public Hearings. 

(a)  The City Manager may, in his sole discretion, elect to refer any ODP to Planning Commission and City Council for their consideration at a public hearing.
(b)  Any ODP not administratively approved by the City Manager or not eligible for such administrative approval shall, upon the request of the applicant, be referred to the Planning Commission and City Council for consideration pursuant to the procedures set forth in Section 11-5-13 of this Code. 

     (3)  Final Approval by Planning Commission.  The decision of the Planning Commission regarding an original or amended ODP shall be final unless a timely appeal of such decision is filed in accordance with Section 11-5-13(B). 

11-5-9:  FORMAT AND APPROVAL PROCESS FOR AMENDMENTS TO PRELIMINARY DEVELOPMENT PLANS (PDP'S):  (2534 3599)

(A)  Application Procedures for PDP Amendments. 

     1.  The application procedures, format and fee for a PDP amendment shall be the same as for an original PDP approval as set forth in Section 11-5-7(A). 

     2.  An amendment to a PDP may be initiated by:

(a)  All owner(s) of the property covered by the plan; or
(b)  By the City when the City Council determines that:

1.  Approved land uses for the Planned Unit Development are no longer appropriate due to changed conditions in the vicinity, revisions to the City's Comprehensive Plan, any incompatibilities between an existing land use and surrounding zoning or development, or Council finds that the PDP no longer meets the requirements of Section 11-5-14. 
2.  Public facilities are inadequate or do not meet current standards; or
3.  Natural hazards or other environmental problems exist which threaten the public health, safety or welfare. 

(B)  Approval Procedures for PDP Amendments:

     (1)  Administrative Approvals.  The City Manager may approve any amendment to a Preliminary Plan which does not:

(a)  Add a new land use to the Preliminary Plan; or
(b)  Change the land area devoted to any use by more than 10 percent; or
(c)  Change the density or intensity of use by more than 10 percent; or
(d)  Constitute a significant change in the PDP, in the opinion of the City Manager. 

A report of any administratively approved PDP amendment shall be submitted to the Planning Commission and City Council detailing action taken by the City Manager under this procedure. 

     (2)  Amendments to PDP's Requiring Public Hearings. Any amendment to a PDP not administratively approved by the City Manager or not eligible for such administrative approval shall, upon the request of the applicant, be referred to the Planning Commission and City Council for their review and determination at a public hearing in accordance with the procedures set forth in Section 11-5-13 of this Code, provided, however, the City Manager shall also have the option to refer any proposed PDP amendment otherwise eligible for administrative approval to the Planning Commission and City Council for their review and determination.

11-5-10:  FORMAT AND APPROVAL PROCESS FOR AMENDMENTS TO OFFICIAL DEVELOPMENT PLANS (ODP'S):  (2534 3599 3634 3664)

(A) APPLICATION PROCEDURES FOR ODP AMENDMENTS.

     (1) Applicants should consult with the City prior to submitting an application for approval of an ODP amendment to discuss the project concept and to gather information regarding City policies, codes, standards and procedures. Applicants may propose an amendment to an ODP for all or only a portion of the entire land area within the previously approved ODP, except that an amendment to a residential ODP for an individual single family lot within a detached single family housing development, which does not add a new use or change the density, shall proceed under the variance process set forth in Section 2-2-8, W.M.C.

     (2) Following the initial discussion, an applicant may submit a concept plan and shall submit an application for review in a format specified in the Community Development Department's Plan Submittal Guidelines, a copy of which is available in the Planning Division office.

     (3) Following the concept plan review, if any, the applicant shall submit a formal application for approval and prepare a detailed submittal for technical review of the proposed plans in the format specified in the Community Development Department's Plan Submittal Guidelines, a copy of which is available in the Planning Division offices. Comments shall be prepared and returned to the applicant.

Additional submittals may be required at the option of the City. Staff review and feedback concerning a concept plan shall not be construed as a type of approval or pre-approval of any aspect of the submittal.

     (4) Following the concept plan review, if any, and prior to commencing any technical review of a proposed ODP amendment, the applicant shall complete the neighborhood notification process described in the Community Development Department's Plan Submittal Guidelines, a copy of which is available in the Planning Division offices. The City Manager or the Manager's designee may waive this requirement for neighborhood notification if the Manager determines, based upon the project’s likely and foreseeable impacts on the surrounding neighborhood, that no neighborhood notification is required.

     (5) Prior to any review of a proposed ODP amendment, the applicant shall provide:
(a) Either the written consent of the owner(s) of the property in the area proposed for ODP amendment or evidence otherwise satisfactory to the Planning Manager of the applicant's authority to represent the owner(s) of such property;
(b) Evidence of ownership and encumbrances satisfactory to the City and such other information as may be reasonably required to evaluate the proposed development;
(c) A non-refundable application fee, as specified in the Planning and Engineering Development Review Fee Schedule set forth in Section 11-1-6, shall be paid at the time of application for any proposed ODP amendment. In addition, all recording fees shall also be paid for all plans and plats that have been approved by the City prior to their recording. 

     (6) City may initiate an application for an ODP amendment without the consent of the property owner or owners for any redevelopment project within an Urban Renewal Area; provided, however, the approval of any such application shall be conditional and not effective until such time as all property covered by the ODP has been acquired by the Westminster Economic Development Authority or its designated redeveloper for the project. In such event, the above application procedures of this subsection (A) shall not be applicable.

     (7) An amendment to an ODP may be initiated by:

(a) The owner of the area covered by the proposed amendment, except as provided in subsection (A)(1) above; or

(b) The City when the City Council determines:

(i) That approved land uses for the Planned Unit Development are no longer appropriate due to changed conditions in the vicinity, revisions to the City's Comprehensive Plan, any incompatibilities between an existing land use and surrounding zoning or development, or Council finds that the ODP no longer meets the requirements of Section 11-5-15;
(ii) That public facilities are inadequate or do not meet current standards; or
(iii) That natural hazards or other environmental problems exist which threaten the public health, safety or welfare.(8) The City Manager may, in his or her sole discretion, on a case-by-case basis, waive any of the normal submittal requirements for amendments to ODP's within his or her administrative approval authority that the City Manager deems to be minor in substance and scope and reduce the fee for such minor amendments.

(B) APPROVAL PROCESS FOR ODP AMENDMENTS.

     (1) Administrative Approvals. The City Manager may, but shall not be required to, approve any amendment to an ODP, without hearing or notice, which:

(a) Does not change the land area devoted to any approved use by more than 10 percent, or
(b) Does not change the density or intensity of any approved use by more than 10 percent, or
(c) Does not constitute a significant change in the ODP in the opinion of the City Manager, or
(d) Does not deviate from any development standard, including but not limited to setbacks and building height, by more than 10 percent, or
(e) Adds a land use that was previously approved on the underlying PDP for the property.

A report of any administratively approved ODP amendment shall be submitted to the Planning Commission and City Council.

     (2) Amendments to ODP's Requiring Public Hearings.

(a) Any amendment to an ODP not administratively approved by the City Manager or not eligible for such administrative approval shall, upon request of the applicant, be referred to the Planning Commission for their review and determination at a public hearing in accordance with the provisions of Section 11-5-13 of this Code, provided, however, the City Manager shall also have the option to refer any proposed ODP amendment otherwise eligible for administrative approval to the Planning Commission for its review and determination.
(b) The decision of the Planning Commission regarding an ODP amendment shall be final unless a timely appeal of such decision is filed in accordance with Section 11-5-13(B)(2) of this Code. The decision of the Planning Commission shall be deemed final as of the date its decision is announced.

 

11-5-11:  FORMAT AND APPROVAL PROCESS FOR FINAL PLATS(2534 2598 3664) 

(A)  Application Procedure for Final Plats. 

     (1)  An application for review and approval of a final plat shall be submitted in the format specified in the Community Development Department's Plan Submittal Guidelines, a copy of which is available in the Planning Division office.

     (2)  A non-refundable application fee as specified in the Planning and Engineering Development Review Fee Schedule set forth in Section 11-1-6 shall be paid at the time of application for a Final Plat.  In addition, a recording fee of $20 per sheet shall also be paid for any plats that have been approved by the City prior to their recording.  (2598)

     (3)  The City Manager may, in his or her sole discretion, on a case-by-case basis, waive any of the normal submittal requirements for Final Plats within his or her administrative approval authority that the City Manager deems to be minor in substance and scope and reduce the fee for such minor amendments to $75. 

(B)  Approval Process for Final Plats.

     (1)  All Final Plats shall be subject to review and approval by the City Manager in accordance with the standards set forth in section 11-5-16 whose decision shall be final. 

     (2)  No Final Plat shall be approved by the City Manager prior to the approval of an Official Development Plan or Official      Development Plan Waiver for the subject property. 

     (3)  Upon its approval, the Final Plat shall be signed by the City Manager and the City Clerk and such plat shall then be filed of record in the office of the appropriate County Clerk and Recorder's Office. 

     (4)  No Final Plat shall be approved unless it is possible, without undue delay, to provide the necessary public improvements required pursuant to City Code.

11-5-12:  APPLICATION FORMAT AND CONTENT FOR LANDSCAPE AND IRRIGATION DRAWINGS AND PRIVATE IMPROVEMENTS AGREEMENT:  (2534 3133 3664)

(A)  As required by the Community Development Department's Plan Submittal Guidelines, a copy of which is available in the Planning Division office, and the City's landscape regulations, landscape and irrigation plans shall be reviewed and approved by the City. 

(B)  The format and content for landscape and irrigation drawings and private improvements agreement shall be as specified by the Community Development Department's Plan Submittal Guidelines, a copy of which is available in the Planning Division office, the City's landscape regulations, and as set forth in this Code.

(C)  No construction of landscape improvements can occur until the City approves the landscape and irrigation construction plans, and the private improvements agreement.

(D)  As-built landscape and irrigation drawings shall be presented by the developer to the owner/owner's association/homeowners association and the City prior to final acceptance of the project.

11-5-13:  PUBLIC HEARINGS FOR LAND DEVELOPMENT APPROVALS:  (2534 3368)

(A)  The following public hearing procedure shall apply to any PDP, amended PDP, ODP, or amended ODP required in this Chapter to be reviewed and approved by the Planning Commission or City Council.

     1.  A public hearing before the Planning Commission shall be scheduled by the City.
     2.  Notice of public hearings scheduled before Planning Commission shall be published and posted at least ten days prior to such hearing.

     3.  Notice of public hearings scheduled before City Council shall be published and posted at least four days prior to such hearing.
     4.  Notice of the public hearing shall be published by the City by one publication in the official newspaper of the City.
     5.  The Notice of the public hearing shall also be posted on the property by the City using at least one sign with a minimum area of 30 square inches with lettering not less than 1-1/4 inches in height at an appropriate location which is reasonably visible to vehicular and pedestrian traffic passing adjacent to the site.  
     6.  Mailed notice of the public hearing shall be given by the applicant by sending such notice by first-class mail to all owners within the area covered by the PDP, ODP, or PDP or ODP amendment, and any owners and any homeowner's associations registered with the City within 300' of the subject property, provided, however, the City may extend this distance beyond 300' based on the location and configuration of adjacent properties, neighborhoods and business areas.  
     7.  It shall be the responsibility of the applicant to:

(a)  Prepare the list of property owners who are required to receive notice.  Such list shall contain the name and mailing address of property owners from the County’s records, keyed to the appropriate lot and block number on the County Assessor’s maps. 
(b)  Prepare a map using County Assessor’s maps identifying the subject site, and the location and lot and block number of the properties to be notified.
(c)  Deliver to the Planning Manager the items listed above in a format acceptable to the Planning Manager at least fifteen days prior to the date of hearing.
(d).  Mail, by first-class mail, the individual notices to the listed property owners, at least ten (10) days prior to the date of the hearing.  Also, the applicant shall provide the Planning Manager prior to the hearing, a certification that the required notices were mailed and the date of such mailing(s). 

     8.  The City shall prepare the form of the notice to be issued.  At the public hearing, the Planning Manager shall verify that the required notices were issued.  Any person with actual notice of the public hearing shall have no standing to object to the commencement or conduct of the public hearing, even if such person failed to receive one or more of the forms of notice prescribed above. 

(B)  A party-in-interest may appeal to the City Council any final decision of the Planning Commission regarding any Official or Amended Official Development Plan in accordance with the provisions of this section of the Code.  A decision of the Planning Commission shall be deemed final as of the date of the meeting at which the Planning Commission's vote is taken. 

     1.  "Party-in-interest" as used in this section means any of the following: 

(a)  The applicant.
(b)  Any person or entity to which notice of the hearing of the Planning Commission was mailed.
(c)  Any person or entity which sent written comments to the Planning Commission prior to the action which is to be appealed.
(d)  Any person or entity which testified before the Planning Commission on the action which is to be appealed. 
(e)  The City Manager.

     2.  An appeal shall be taken by filing a written notice of appeal of the decision of the Planning Commission with the City Manager within ten (10) days after the date of such decision.  Such notice of appeal shall include the following: 

(a)  The action of the Planning Commission which is the subject of the appeal. 
(b)  The date of such action.
(c)  The name, address, telephone number and relationship of the appellant to the subject of the action of the Planning Commission.
(d)  A statement setting forth the basis of the appellant's standing to appeal such decision as a party-in-interest within the meaning of this section.

     3.  Upon the receipt of a timely notice of appeal, the City Manager shall schedule a date for a public hearing before the City Council as expeditiously as possible.  The City Manager shall provide the appellant and the applicant at least ten (10) days written notice of the date, time and place of the hearing as well as the grounds for the appeal as contained in the written notice of appeal.  The City Manager shall also issue the published and posted notices provided for by sections 11-5-13 of this Code in advance of the City Council hearing. 

     4.  At its public hearing, if City Council determines all the requirements have been met for perfecting an appeal of the Planning Commission decision pursuant to this section, the City Council shall conduct a de novo hearing on the merits. 

(C)  Upon the vote of at least four members of Council, any decision of the Planning Commission may be reviewed de novo by Council, if such vote occurs within fourteen (14) days of the Planning Commission decision.  Notice and scheduling of such hearing shall proceed in the same manner as for an appeal by a party in interest, except that in lieu of a statement of the appellant's standing, the notice shall state that the hearing is being held upon the request of Council pursuant to this section.

(D)  A City-initiated amendment to a Preliminary Development Plan or Official Development Plan shall be authorized only after notice and hearing before City Council.  In addition to the notice and hearing requirements set forth above, a City-initiated amendment shall be preceded by registered, mailed notice to the owner setting forth the grounds for the proposed amendment and a statement that a copy of the proposed amended Preliminary Development Plan is on file and available for inspection in the offices of the Director of Community Development.  A City-initiated amendment to a Preliminary Development Plan shall be effective immediately upon its approval by City Council after notice and hearing pursuant to this section.  Constructive notice of the amendment shall be given immediately following its approval by City Council by recording the findings and order of Council, together with a copy of the plan as amended, in the real estate records of the county in which the property is located.  No application or fee shall be required for a City-initiated Preliminary or Official Development Plan amendment.

11-5-14:  STANDARDS FOR APPROVAL OF PLANNED UNIT DEVELOPMENTS, PRELIMINARY DEVELOPMENT PLANS AND AMENDMENTS TO PRELIMINARY DEVELOPMENT PLANS:  (2534) 

(A)  In reviewing an application for approval of a Planned Unit Development and its associated Preliminary Development Plan or an amended Preliminary Development Plan, the following criteria shall be considered:

     1.  The Planned Unit Development (P.U.D.) zoning and the proposed land uses therein are in conformance with the City's Comprehensive Plan and all City Codes, ordinances, and policies.
     2.  The P.U.D. exhibits the application of sound, creative, innovative, and efficient planning principles.
     3.  Any exceptions from standard code requirements or limitations are warranted by virtue of design or special amenities incorporated in the development proposal and are clearly identified on the Preliminary Development Plan.
     4.  The P.U.D. is compatible and harmonious with existing public and private development in the surrounding area.
     5.  The P.U.D. provides for the protection of the development from potentially adverse surrounding influences and for the protection of the surrounding areas from potentially adverse influence from within the development.
     6.  The P.U.D. has no significant adverse impacts upon existing or future land uses nor upon the future development of the immediate area.
     7.  Streets, driveways, access points, and turning movements are designed in a manner that promotes safe, convenient, and free traffic flow on streets without interruptions and in a manner that creates minimum hazards for vehicles and pedestrian traffic.
     8.  The City may require rights-of-way adjacent to existing or proposed arterial or collector streets, any easements for public utilities and any other public lands to be dedicated to the City as a condition to approving the PDP.  Nothing herein shall preclude further public land dedications as a condition to ODP or plat approvals by the City. 
     9.  Existing and proposed utility systems and storm drainage facilities are adequate to serve the development and are in conformance with overall master plans.
     10.  Performance standards are included that insure reasonable expectations of future Official Development Plans being able to meet the Standards for Approval of an Official Development Plan contained in section 11-5-15.
     11.  The applicant is not in default or does not have any outstanding obligations to the City.

(B)  Failure to meet any of the above-listed standards may be grounds for denial of an application for Planned Unit Development zoning, a Preliminary Development Plan or an amendment to a Preliminary Development Plan.

11-5-15:  STANDARDS FOR APPROVAL OF OFFICIAL DEVELOPMENT PLANS AND AMENDMENTS TO OFFICIAL DEVELOPMENT PLANS:  (2534)

(A)  In reviewing an application for the approval of an Official Development Plan or amended Official Development Plan the following criteria shall be considered:

     1.  The plan is in conformance with all City Codes, ordinances, and policies.
     2.  The plan is in conformance with an approved Preliminary Development Plan or the provisions of the applicable zoning district if other than Planned Unit Development (PUD).
     3.  The plan exhibits the application of sound, creative, innovative, or efficient planning and design principles.
     4.  For Planned Unit Developments, any exceptions from standard code requirements or limitations are warranted by virtue of design or special amenities incorporated in the development proposal and are clearly identified on the Official Development Plan.
     5.  The plan is compatible and harmonious with existing public and private development in the surrounding area.
     6.  The plan provides for the protection of the development from potentially adverse surrounding influences and for the protection of the surrounding areas from potentially adverse influence from within the development.
     7.  The plan has no significant adverse impacts on future land uses and future development of the immediate area.
     8.  The plan provides for the safe, convenient, and harmonious grouping of structures, uses, and facilities and for the appropriate relation of space to intended use and structural features.
     9.  Building height, bulk, setbacks, lot size, and lot coverages are in accordance with sound design principles and practice.
     10.  The architectural design of all structures is internally and externally compatible in terms of shape, color, texture, forms, and materials.
     11.  Fences, walls, and vegetative screening are provided where needed and as appropriate to screen undesirable views, lighting, noise, or other environmental effects attributable to the development.
     12.  Landscaping is in conformance with City Code requirements and City policies and is adequate and appropriate.
     13.  Existing and proposed streets are suitable and adequate to carry the traffic within the development and its surrounding vicinity.
     14.  Streets, parking areas, driveways, access points, and turning movements are designed in a manner promotes safe, convenient, promotes free traffic flow on streets without interruptions and in a manner that creates minimum hazards for vehicles and or pedestrian traffic.
     15.  Pedestrian movement is designed in a manner that forms a logical, safe, and convenient system between all structures and off-site destinations likely to attract substantial pedestrian traffic.
     16.  Existing and proposed utility systems and storm drainage facilities are adequate to serve the development and are in conformance with the Preliminary Development Plans and utility master plans.
     17.  The applicant is not in default or does not have any outstanding obligations to the City.

(B)  Failure to meet any of the above-listed standards may be grounds for denial of an Official Development Plan or an amendment to an Official Development Plan.

11-5-16:  STANDARDS FOR APPROVAL OF FINAL PLATS:  (2534)

(A)  The City Manager shall approve a Final Plat if he finds all of the following: 

     1.  The Final Plat shows the same subdivision and is in conformance with the approved Official Development Plan or a waiver of the Official Development Plan.
     2.  The Final Plat has been submitted for approval within 12 months of the date of approval of the Preliminary Plat, Official Development Plan or a waiver of the Official Development Plan, or the Final Plat has been submitted for approval in accordance with a phasing schedule on an approved Official Development Plan.
     3.  The Final Plat contains all information required by this Code, along with any other information required by Colorado law.
     4.  A final landscape and irrigation plan has been reviewed and approved in accordance with section 11-5-12.  
     5.  The Final Plat satisfies the public improvement requirements set forth in Chapter 6 of this Title. 

(B) The City Manager may approve a Final Plat prepared solely for the subdivision of land to accomplish the acquisition of land by the City for open space, parks, rights-of-way, or other public purposes, upon a finding that such platting is the most efficient method of creating separate ownership parcels.

11-5-17:  DURATION OF PLAN APPROVALS:  (2534)

(A)  City Council finds that changes to the City's Comprehensive Land Use Plan, the City's standards governing land use and site development, and other land use and development policies and regulations may be warranted over time.  City Council further finds that it is in the best interest of the City and its citizens to assure that future land development reflects the best in modern planning, site development, architecture, and other land use considerations.  City Council further finds that over time, previously approved Preliminary and Official Development Plans may no longer reflect these interests.  City Council therefore finds that it is appropriate to establish a time period for implementing previously approved Preliminary and Official Development Plans, after which such Plans shall be subject to further review and approval by Council based on then-current standards, policies and development criteria. 

Nothing in the preceding, however, shall be deemed or construed as exempting any land development from complying with the City's Comprehensive Plan as required pursuant to section 11-4-16(C) of this Code.

(B)  No building permits shall be issued, nor shall any further plan approvals be considered, for any land development that falls into one or more of the following categories, until such time as the proposed development receives the further review and approval required by subsection (C) below.  
     1.  The date of approval of the PDP or the latest PDP amendment for the development is more than five (5) years old, and there is no ODP for the development.  
     2.  The date of approval of the ODP or latest ODP amendment for the development is more than three (3) years old and no building permits within the ODP have been issued. 

(C)  1.  PDP's.  In the event the date of approval of a property's PDP amendment is more than five (5) years old, the PDP or amended PDP shall be required to be submitted for review and reconsideration in accordance with the procedures set forth in section 11-5-13 of this Code, and all applicable standards pursuant to Chapter 5 of this Title.  
     2.  ODP's.  In the event the date of approval of a property's ODP or latest ODP amendment is more than three (3) years old, the ODP or amended ODP shall be required to be submitted for review and reconsideration in accordance with the procedures set forth in section 11-5-13 of this Code, and all applicable standards pursuant to Chapter 5 of this Title.  
     3.  Combined PDP/ODP's.  In the event the date of approval of a property's combined PDP/ODP is more than three (3) years old, the combined PDP/ODP shall be required to be submitted for review and reconsideration in accordance with the procedures set forth in section 11-5-13 of this Code, and all applicable standards pursuant to Chapter 5 of this Title. 

(D)  Vested Rights:  The provisions of this section shall not be deemed, construed, or applied so as to effect any vested development rights that may exist for any given development.

 11-5-18:  VESTED PROPERTY RIGHTS: (2534)

(A)  Purpose:  The purpose of this Chapter is to provide the procedures necessary to implement the provisions of Article 68 of Title 24 of the Colorado Revised Statutes, which article establishes a vested property right to undertake and complete development use of real property under the terms and conditions of a site specific development plan.  The City expressly reserves all rights, powers and prerogatives granted and reserved by the Colorado Constitution, state law and the Westminster Municipal Code to the City and its citizens, particularly with respect to the rights of initiative and referendum and to the zoning and regulation of real property within the jurisdiction of the City.

(B)  Site Specific Development Plan.  In the case of an application for approval of a development plan for property zoned Planned Unit Development, the Preliminary Development Plan shall constitute a Site Specific Development Plan.  In any case that a Preliminary Development Plan is not required by this Code or if a public hearing is not required to be held before the City Council, no vested property rights shall be granted and no document shall be construed to be a Site Specific Development Plan unless:

     1.  The applicant requests in writing that the City Council hold a public hearing and approve a document which will constitute a Site Specific Development Plan, and

     2.  State law requires that a vested property right be granted, in which case the City Council shall determine, in its discretion, which document shall constitute a Site Specific Development Plan.  No Preliminary Development Plan which is combined with any other plan for development shall be considered a Site Specific Development Plan.

(C)  Vested Property Right:  A vested property right is the right to undertake and complete the development and use of property under the terms and conditions of a Site Specific Development Plan.  No action of the City shall be construed or deemed as creating any vested property right other than the approval of a Site Specific Development Plan pursuant to the provisions of this Chapter.

The duration of any vested property right shall be no longer than required by state law, unless a different duration is provided by written agreement between the applicant and the City.  The failure to comply with any condition of approval of a Site Specific Development Plan shall result in the forfeiture of any vested property right.

(D)  Notice and Hearing:  No Site Specific Development Plan shall be approved until after a public hearing, preceded by notice of such hearing.  Such notice shall be published at the time and in the manner required by section 11-5-13 of this Code regarding the review of Preliminary Development Plans.  At such hearing, owners of the property described in the Site Specific Development Plan, their representatives and citizens shall have an opportunity to be heard.

(E)  Effective Date:  A Site Specific Development Plan shall be deemed approved upon the effective date of the City Council action relating thereto.  No amendment of a Site Specific Development Plan shall extend or change the effective date of vesting of a property right unless specifically provided in the amending ordinance or agreement authorized by the City Council.

(F)  Conditions Applicable Generally.  In addition to any other conditions that may be imposed in connection with the approval of a Site Specific Development Plan, the following conditions shall be deemed to apply to all such site specific development plan approvals, the violation of which will result in the forfeiture of the landowners' vested rights under the plan:

     1.  The owner shall, within 14 days after approval of the site-specific development plan, satisfy the notice requirements contained under C.R.S. section 24-68-103 (1) by publishing at his expense a notice in a newspaper of general circulation within the City advising the general public of the site specific development plan approval and creation of a vested property right pursuant to state law, together with a legal description of the property covered by the site specific development plan.

     2.  That the owner shall, within 14 days after the approval of the site-specific development plan, acknowledge by written instrument, duly executed by an authorized official or representative of the owner, that the owner acknowledges its obligation to satisfy all other requirements under City Code for the development and use of property within the City including, but not limited to, obtaining City approval of all additional plans which may be required under City Code subsequent to the approval of the site specific development plan prior to commencing actual development of the property, which plan approvals may include, but are not limited to, the approval of an Official Development Plan for the property and all studies that may be required under City Code, including, but not limited to, studies concerning traffic, drainage, utilities, and erosion control.

(G)  Notice of Approval:  Each Site Specific Development Plan shall contain the following language:  "This plan constitutes a site-specific development plan within the meaning of section 24-68-102, C.R.S.  Approval of this plan creates a vested property right pursuant to C.R.S. section 24-68-103.  This plan is subject to all conditions of approval, including, but not limited to, those imposed as a condition to the approval of a site-specific development plan by virtue of the provisions of section 11-5-18(F)."

(H)  Other Provisions Unaffected:  Approval of a site-specific development plan shall not constitute an exemption from or waiver of any other provisions of this Code pertaining to the annexation, development and use of property.

(I)  Limitations:

     1.  Nothing in this Chapter is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S., as amended.  In the event of the repeal of said article, this Chapter shall be deemed to be repealed, and the provisions hereof no longer effective.

     2.  No document approved prior to January 1, 1988 shall constitute a site-specific development plan.

     3.  Any provision of this Chapter may be modified by written agreement between the applicant and the City, subject to the approval of the City Council.  Any partial or full waiver of a vested property right shall be recorded in the county where the property is location.

     4.  Any landowner requesting annexation shall waive in writing any preexisting vested property rights in the petition for annexation.

11-5-19:  DISCLOSURE REQUIREMENTS:  (2534 3664)  Developers of property within the corporate limits of the City and within a Planned Unit Development District shall post in a prominent location in the sales or rental office for said property the following materials:

(A)  A sign in prominent bold lettering the following statement:  "All questions concerning the future use or development of property located outside the boundaries of this project should be addressed to the City of Westminster." 

(B)  A sign containing, in prominent, bold lettering, the following statement:  "A copy of the Preliminary Development Plan and the current Official Development Plan and Plat for this subdivision is maintained in this office and is available for inspection upon request."

 

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