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HomeMy WebLinkAbout161 - 01/07/1997 - PROVIDING FOR THE REVIEW AND PROCESSING OF PENDING LAND USE APPLICATIONS AND ESTABLISHING A TEMPORAR ORDINANCE NO. 161, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS PROVIDING FOR THE REVIEW AND PROCESSING OF PENDING LAND USE APPLICATIONS AND ESTABLISHING A TEMPORARY DELAY IN THE ACCEPTANCE OF CERTAIN LAND USE APPLICATIONS THROUGH MARCH 28, 1997 WHEREAS, the City of Fort Collins, as a home rule municipality, is authorized by Article XX, Section 6 of the Colorado Constitution, the provisions of state statutes and its City Charter to develop and implement policies and ordinances regulating the development of property within the City; and WHEREAS, the City has previously adopted various elements of its Comprehensive Plan, as well as various sections of its City Code pertaining to zoning and development of property, including certain provisions contained in Chapter 29, Article 1I1, Division 5 of the City Code,known as the Land Development Guidance System for Planned Unit Developments, and certain provisions contained in Chapter 29, Article V of the Code pertaining to the general subdivision of land; and WHEREAS,the City is in the process of developing a new Comprehensive Plan,to be known as the"City Plan,"which would serve to integrate the various elements of the City's Comprehensive Plan and allow for individual land use proposals to be evaluated by the City within an improved, overall planning context, rather than on a site-specific basis only; and WHEREAS,the Council of the City of Fort Collins has heretofore adopted various elements of the City Plan known as the"Community Vision and Goals 2015," the "City Structure Plan," and the"City Plan Principles and Policies"; and WHEREAS, it is anticipated that the foregoing elements of the City Plan will be implemented through the adoption of certain ordinances during the month of March, 1997, and that these ordinances,in combination, will constitute a new land use regulatory system (the "New Land Use Code") that will include a comprehensive rezoning of the City, as well as new standards and criteria that will be used to regulate the location, timing and design of new development within the City, in furtherance of the City Plan; and WHEREAS, in order to provide for an orderly transition from the City's existing system of land use regulation to the system to be established under the New Land Use Code,it is necessary and desirable in the interests of the City to establish reasonable periods of time within which the City will begin to review pending and future land use applications render the provisions of the Land Use Code, while respecting the interests of individual property owners and developers who have submitted land use proposals for review under the City's existing regulations; and WHEREAS,during November, 1996,the number of new land use applications filed with the City substantially increased in comparison to previous submittal periods, and it is anticipated that such increase in submittals will continue prior to the adoption of the New Land Use Code; and WHEREAS,the review of such applications by City staff and the Planning and Zoning Board will require substantial time and effort and will divert necessary staff resources from the implementation of the City Plan; and WHEREAS,the ongoing review of multiple land use applications under the City's existing regulatory system, immediately prior to the adoption of the New Land Use Code,would be contrary to the purposes of the adopted elements of the City Plan and would result in the development of properties in a manner incompatible with the long term planning objectives of the City; and WHEREAS, for the foregoing reasons, the Council believes that it would be in the best interests of the City to hold in abeyance the review of new land use applications under the existing land use system, pending the adoption of the New Land Use Code; and WHEREAS, through previous Council actions, the Council has identified the need for affordable housing in the City as a pressing need that requires immediate attention, and has determined that the provision of affordable housing serves an important public purpose for the City; and WHEREAS, because of the pressing need for affordable housing, new applications for such projects, as defined below, should be exempt from the delay in acceptance of applications that will be applied to other kinds of development projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That all "overall development plans," as described in Section 29-526(F)(3) of the City Code, that have been previously approved by the City, or for which City approval is pending as of the effective date of this Ordinance, shall expire and shall be of no further force and effect as of said date, except to the extent that such overall development plans are necessary for the review of applications for approval of preliminary planned unit development plans filed prior to March 28, 1997, and except as provided in Section 3 below. Section 2. That, except as provided in Section 3 below and notwithstanding any other provision of the City Code or any other ordinance of the City to the contrary, all preliminary plans for PUDs as referred to in Section 29-526(F)(4) of the City Code and all preliminary subdivision plats as referred to in Section 29-642 of the City Code that, prior to March 28, 1997, were accepted by the City for filing in accordance with Section 6 below, and that were approved by the City before or after said date, shall remain in effect until July 17, 1997, or six (6) months from the date of approval of the same,whichever is later. For the purposes of this provision, the "date of approval" shall mean: (a)the date of approval by the Planning and Zoning Board or the Director of Community Planning and Environmental Services (the"Director"), whichever is applicable, or(b) in the event of an appeal to the City Council or a court of competent jurisdiction, the date that such appeal is finally resolved. Any portions of a preliminary PUD plan or subdivision plat not covered by the filing of a completed application for a final PUD plan or final subdivision plat prior to the expiration 2 of the foregoing period of time will thereafter be of no further force and effect. Any such application for a final PUD plan or subdivision plat that is filed within said period of time shall be processed and reviewed by City staff or the Planning and Zoning Board under the currently existing, applicable provisions of the City Code, provided that the Director determines that all relevant submittal requirements for such applications have been met. Any such applications filed on or after December 17, 1996, shall not thereafter be modified or supplemented by the applicant without the written approval of the Director and the same shall be reviewed by City staff and/or the Planning and Zoning Board at such time as the Director may deem appropriate, unless they have been withdrawn by the applicant. The Director shall permit all such modifications of, or additions to, an application as may be approved by the Planning and Zoning Board, as well as such modifications or additions that the Director determines, in his or her discretion, will better advance the objectives of the currently existing applicable provisions of the City Code or the new Land Use Code Section 3. That,notwithstanding the provisions of Sections 1 and 2 above,if the City has approved an overall development plan or preliminary plan prior to the effective date of this Ordinance and, prior to said date, has also approved a final plan for a portion of the real property covered by said overall development plan or preliminary plan, the owner or developer of such property, or the successors in interest of either such party, shall have a period of eighteen (18) months from the effective date of this Ordinance if the overall development plan consists of one hundred(100) acres or less,or a period of three (3)years from such date if such plan contains an area over one hundred (100) acres, within which to file with the City a preliminary and final PUD plan for the balance of the subject property of the overall development plan not covered by the previously approved final PUD plan; provided, however, that prior to March 28, 1997, the property owner or developer, or his or her successor in interest, has completed, in conformance with all relevant City rules and regulations, the installation of all infrastructure improvements (including water, sewer, street, curb and gutter, sidewalks, bike paths, light, fire hydrants and storm drainage)needed to serve not less than twenty percent(20%) of the gross acreage of the entire property covered by the overall development plan. Any applications for preliminary or final PUD plans or subdivision plats that are timely filed in accordance with the provisions of this section shall be processed and reviewed by City staff and/or the City's Planning and Zoning Board under the currently existing applicable provisions of the City Code, provided that the Director has determined that all relevant submittal requirements for such applications have been satisfied. Such applications, once filed, shall not be modified or supplemented by the applicant without the written approval of the Director, and the same shall be reviewed by City staff and/or the Planning and Zoning Board at such time as the Director may deem appropriate unless they have been withdrawn by the applicant. The Director shall permit all such modifications of, or additions to, an application as may be approved by the Planning and Zoning Board, as well as such modifications or additions that the Director determines, in his or her discretion, will better advance the objectives of the currently existing applicable provisions of the City Code or the new Land Use Code. Any portions of an overall development plan or preliminary PUD plan not covered by the filing of a completed application for a final PUD plan prior to the expiration of the foregoing period of time will thereafter be of no further force and effect. 3 Section 4. That,if a property owner or developer claims a statutory or common law right to develop property in accordance with the currently existing, applicable provisions of the City Code, notwithstanding the provisions of this Ordinance, such person shall, prior to seeking judicial review of such claim, seek a determination of vested rights for the property or properties at issue according to the process described in Exhibit "A" attached hereto and incorporated herein by this reference, and shall be entitled to such relief, if any, as may be determined to be appropriate by the hearing officer or, in the event of an appeal, the City Council. Section 5. That all "site-specific development plans," as defined in Section 29-512 of the City Code, that receive approval by the City prior to or after the effective date of the New Land Use Code shall remain in effect for a period of three (3) years from the effective date of the City approval of the same, subject to the provisions of Section 29-514 of the City Code. Section 6. That, as of the effective date of this Ordinance,the only land use applications that will be accepted by the City for filing, review and processing will be: (a) applications for final PUD plans and final subdivision plats for which preliminary PUD plans or preliminary subdivision plats have been approved by the City prior to the effective date of this Ordinance, (b) amendments to final plans or plats and amendments to overall development plans required by such final plats or plans that the Director determines, in his or her discretion, will better advance the objectives of the currently existing applicable provisions of the City Code or the new Land Use Code, (c) applications for building permits submitted pursuant to any approved"site-specific development plan"as defined in Section 29-512 of the City Code, (d) applications for preliminary PUD plans, or combined preliminary and final PUD plans, filed pursuant to overall development plans that have been approved by the City prior to the effective date of this Ordinance, and (e) applications for overall development plans, preliminary or final PUD plans or preliminary or final subdivision plats for an affordable housing project. For the purposes of this Ordinance, the term "affordable housing project" shall mean a development project in which: (a) at least seventy-five percent(75%) of the gross acreage to be developed under the plan is to be developed as residential dwelling units or mobile home park spaces; (b) thirty percent(30%) of said dwelling units or spaces (the "affordable units") are to be available for rent or purchase on the terms described in Section 5-357 of the City Code; and (c) the construction of the dwelling units or spaces is to occur as part of the initial phase of the project and; (I)prior to the construction of the market rate units, or(ii)on a proportional basis, according to the same ratio as the number of affordable units bears to the number of the market rate units. As of the effective date of this Ordinance, and through March 28, 1997, the City will not accept for filing, review or processing any other land use applications. Section 7. That all applications for approval of overall development plans, preliminary PUD plans, or preliminary subdivision plats, or for approval of applications for site plan review or building permits accepted for filing before March 28, 1997 under Section 6 above, as well as all applications for a final PUD plan or final subdivision plat for such properties filed within the six (6) month period of time provided in Section 2 above, shall be processed and reviewed by City staff and/or the City's Planning and Zoning Board under the currently existing applicable provisions of the City Code, provided that the Director has determined that all relevant submittal requirements for such applications have been satisfied prior to said date. Such applications, once filed, shall not be 4 modified or supplemented by the applicant without the written approval of the Director and the same shall be reviewed by City staff and/or the Planning and Zoning Board at such time as the Director may deem appropriate,unless they have been withdrawn by the applicant. The Director shall permit all such modifications of, or additions to, an application as may be approved by the Planning and Zoning Board, as well as such modifications or additions that the Director determines, in his or her discretion, will better advance the objectives of the currently existing applicable provisions of the City Code or the new Land Use Code. Section 8. That for the purposes of this Ordinance, an application for a final PUD plan or final subdivision plat shall be considered to have been "complete," and all relevant submittal requirements for the same shall be deemed to have been satisfied as of the date of filing of the same, if: (a) the applicant demonstrates that all submittal requirements of the City would have been met, but for the fact that an officer, employee, agent, board or commission of the City has asked or required something of the applicant which goes beyond the usual and customary submittal requirements of the City and such request or requirement has delayed the filing of an otherwise complete application; or(b) all of the following conditions apply: (i) the only components missing from the application are those that have been delayed by some act or omission of a board or commission, officer, employee or agent of the City; (ii) no less than thirty (30) days prior to the date of filing the application, the applicant has submitted to the City, in writing, a request that certain action be taken by the City, which action, if so taken, would enable the applicant to complete all submittal requests for the application within thirty (30) days thereafter; and (iii) upon performance of the action requested of the City,and within thirty (30) days thereafter, the applicant does, in fact, complete the application. Section 9. That, for the purposes of the Director's determination as to whether all relevant submittal requirements have been met under the provisions of Section 2 and 6 above, the submittal requirements for various land use applications shall be as shown on Exhibit `B," attached hereto and incorporated herein by this reference. Section 10. That, for the purpose of reviewing any PUD applications under the currently existing, applicable provisions of the City Code, the amendments to the City's Land Development Guidance System contained in Ordinance No. 161, 1995, shall remain in full force and effect until all such applications have received final approval by the City or have been denied by the City and all appeal rights pertaining thereto have been exhausted. Section 11. That City staff is hereby directed to concentrate its efforts, during the period between the effective date of this Ordinance and March 28, 1997, on the implementation of the City Plan. 5 Introduced, considered favorably on first reading, and ordered-published this 17th day of December, A.D. 1996, and to be presented for final passage on fhe 7th day of January, f .D. 1997. Mayor �l TTEST: City Clerk Passed and adopted on final reading this 7th day of Ja ry, A.P. 1997. L avor '/ ATTEST: �L" "K":AA City Clerk 14 6 EXHIBIT "A" VESTED RIGHTS DETERMINATION PROCEDURE Section 1. ADMINISTRATIVE PROCEWHEARINC OFFICER. There is hereby established the following Vested Rights Determination Procedure for the purpose of identifying certain parcels of real property in the City that should be made exempt, or partially exempt, from the application of Ordinance No. 161, 1996 (the "Ordinance'). Any person holding title to real property in the City, or any developer of such property, who claims that certain development rights have vested with regard to such property prior to the effective date of the Ordinance, may seek a Determination of Vested Rights in accordance with the procedures described below. Such persons will be provided an opportunity for a public hearing, the right to present and rebut evidence, a formal record and an impartial Hearing Officer in accordance with the following procedures. Said Hearing Officer shall be selected and appointed by the City Manager and shall be an attorney licensed to practice law in the State of Colorado with experience in land use matters. Subject to the procedures hereinafter provided, the Hearing Officer shall issue formal findings of fact, conclusions of law, and a Determination of Vested Rights. The claims shall be reviewed according to the following procedure: Section 2. APPLICATION. An Application for Determination of Vested Rights shall be submitted to the Director of Community Planning and Environmental Services (the "Director") in the form established by the Director. An application fee in the amount of Five Thousand Dollars ($5,000.00) shall accompany and be part of the application. The application shall, at a minimum, include: The name, address and telephone number of the property owner and authorized applicant if other than the owner; The street address, legal description and acreage of the property; and All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in Section 9. The application fee shall be applied to all out-of-pocket expenses actually incurred by the City in connection with the hearing process, including without limitation fees for,and expenses incurred by,the Hearing Officer;costs of reporting and transcribing the proceedings before the Hearing Officer; and costs of producing exhibits. The application fee shall not be applied to any in-house costs incurred by the City, such as compensation for City staff time. Any portion of the application fee not used by the City to pay the costs referred to above shall forthwith be returned to the applicant upon completion of the hearing and appeal process. Section 3. DETERMINATION OF COMPLETENESS. Within five (5) working days after receipt of an Application for Determination of Vested Rights, the Director shall determine whether the application submitted is complete. If he or she determines that the application is not complete, the Director shall promptly notify the applicant in writing of the deficiencies. The Director shall take no further steps to process the application until the deficiencies have been remedied. Section 4. REVIEW AND DETERMINATION OR RECOMMENDATION BV DIRECTOR AND CITY ATTORNEY. After receipt of a completed Application for Determination of Vested Rights, the Director and the City Attorney shall review and evaluate the application in light of all of the criteria in Section 9. Within twenty(20) days of such receipt and based on its review and evaluation, the Director and the City Attorney shall prepare a written recommendation to the Hearing Office that the application should be denied, granted or granted with conditions by the Hearing Officer. Such recommendation shall include findings of fact for each of the criteria established in Section 9 to the extent that the information is presented or obtained or inclusion is feasible or applicable. If the Director and the City Attorney agree,based on the review and evaluation, that the Application for Determination of Vested Rights should be granted or granted with conditions, then they may enter into a written Stipulated Determination of Vested Rights with the applicant, in lieu of the written recommendation to the Hearing Officer and the provisions in Sections 5, 6, and 7. Any such Stipulated Determination shall be in writing, signed by the City Manager, the City Attorney and the applicant, and shall be approved by the City Council by resolution at its next regularly-scheduled meeting which is at least fourteen (14) days from the date such Stipulated Determination is signed. Said Stipulated Determination shall include findings of fact and conclusions of law based on the criteria established in Section 9, and the determination granting or granting with conditions, in whole or in part, the vested rights. in the event that a proposed Stipulated Determination is rejected by the City Council, it shall be referred to the Hearing Officer for a hearing and Determination of Vested Rights in accordance with the procedures described in Sections 5 through 9 below. Section 5. REVIEW AND DETERMINATION OF VESTED RIGHTS DETERMINATION BY HEARING OFFICER. No later than thirty (30) days after receipt by the Hearing Officer of the Application for Determination of Vested Rights and the written recommendation of the Director and the City Attorney, or in the event that a Stipulated Determination has been rejected by the City Council, within thirty (30) days of such rejection, the Hearing Officer shall hold a hearing on the application. At the hearing, the Hearing Officer shall take evidence and sworn testimony in regard to the criteria set forth in Section 9, and shall follow such rules of procedure as may be established by the Director. The parties before the Hearing Officer shall include the City and the applicant. Testimony shall be limited to the matters directly relating to the standards set forth in Section 9. The City Attorney shall represent the City, shall attend the public hearing, and shall offer such evidence as is relevant to the proceedings. The other parties to the proceedings, or their authorized agents, may offer such evidence at the public hearing as is relevant to the proceedings and criteria. The order of presentation before the Hearing Officer at the public hearing shall be as follows: (a) the City's summary of the application, written recommendation,witnesses and other evidence; (b) the applicant's, witnesses and evidence; and (c) City rebuttal, if any. Section 6. ISSUANCE OF VESTED RIGHTS DETERMINATION BY HEARING OFFICER. Within thirty (30) working days after the completion of the public hearing under Section 5, the Hearing Officer shall consider the Application for Determination of Vested Rights, the recommendation of the Director and the City Attorney, and the evidence and testimony presented at the hearing, in light of all of the criteria set forth in Section 9, and shall deny, grant, or grant with conditions the Application for Determination of Vested Rights for the property or properties at issue. The determination shall be in writing and shall include findings of fact for each of the applicable criteria established in Section 9; conclusions of law for each of such criteria; and a determination denying, granting, or granting with conditions, in whole or in part, the vested rights. Section 7. APPEAL TO THE CITY COUNCIL. Within twenty(20)days after issuance of the Hearing Officer's written determination of vested rights, the City Attorney, the Director, the applicant, or its authorized attorney or agent may appeal the Hearing Officer's Determination on Vested Rights to the City Council by filing a written notice of appeal with the City Clerk. A One Hundred Dollar($100.00)fee shall be paid for the application and processing of any such appeal except an appeal filed by the City Attorney or the Director. The appeal shall be heard by the City Council no later than forty-five (45) days after filing, unless the City and the applicant agree to a later date. The appeal shall be determined by the City Council at a hearing based solely upon the record of the proceedings before the Hearing Officer. The City Council shall adopt the Hearing Officer's determination of vested rights, with or without modifications or conditions, or reject the Hearing Officer's determination of vested rights. Such determination shall be based upon the criteria established in Section 9. Section 8. WAIVER OF TIME LIMITS. Any time limit specified in the Vested Rights Determination Procedure may be waived upon receipt by the City Clerk of a written stipulation requesting such waiver and signed by the applicant and the Director. Section 9. CRITERIA FOR VESTED RIGHTS. This section is intended to implement existing Colorado case law and statutory law as they relate to the doctrine of vested rights and equitable estoppel as applied to a home rule municipality exercising its authority and powers in land use planning, zoning, the provisions of adequate public facilities concurrent with the development (concurrency), subdivision, site development, land development regulations, and related matters. It is the express intent of the City to require application of the provisions of the Ordinance to as much development and property in the City as is legally possible without violating the legally vested rights which the owner may have obtained in accordance with Colorado common law and statutory law. The criteria herein provided shall be considered in rendering a vested rights determination hereunder. It is intended that each case be decided on a case by case factual analysis. An applicant shall be entitled to a positive Determination of Vested Rights only if such applicant demonstrates, by a preponderance of the evidence, entitlement to complete his or her development without regard to the otherwise applicable provisions of the Ordinance by reason of: (a) the provisions of Title 24, Article 68, C.R.S.; (b) Section 29-512, et. seg., of the City Code or; (c) the existence of all three of the following requirements: (i) some authorized act of the City; (ii) reasonable good faith reliance upon such act by the applicant; and (iii) such a substantial change in position or expenditure by the applicant that it would be highly inequitable and unjust to destroy the rights acquired. In evaluating whether an applicant (property owner, developer or the successor in interest of either) has met the requirements as set forth in (c) above, the Hearing Officer shall consider and give weight to the following factual matters: (a) the total investment made in the project, including all costs incurred subsequent to the act of the City relied upon by the applicant, which costs may include, without limitation, the costs of land acquisition, architectural and engineering fees and the costs of on-site and off-site infrastructure improvements to service the project; (b) dedication of property made to public entities in accordance with the approved overall development plan for the project or the approved preliminary plan or plat for the project; (c) whether infrastructure improvements which have been installed have been sized to accommodate uses approved in the approved overall development plan or the approved preliminary plan or plat for the project; (d) the acreage of the approved overall development plan or the approved preliminary plat or plan for the project and the number of phases within the overall development plan or the preliminary plat or plan and their respective acreages which have received final approval; and (e) whether the completion of the project has been timely and diligently pursued; and (f) the effect on the applicant's existing development loans of the application of Ordinance No. 161, 1996, to the project. Exhibit `B" Submittal Requirements for Ordinance No. 161, 1996 January 7, 1997 Overall Development Plans l. Application form and filing fee. 2. An overall development plan shall be submitted containing the following information: • Parcel size. • Existing topographical character of the land at a contour appropriate for the scale of the project; all water courses; floodplains; unique natural features; and significant wildlife areas and vegetative cover, including all trees and shrubs having a diameter greater than two and one-half(2-1/2") inches by species. • Existing zoning. • Maximum height of all structures. • Approximate acreage and density (gross) of each acre; number, height, and type of residential units; floor area. height, and types of business, commercial and industrial uses. • Location and general nature of all structures. • Total land area and approximate locations and amount of open space included in the residential, business, commercial and industrial areas. • Approximate location of proposed and existing major streets and major pedestrian and bicycle routes, including major points of access. • Approximate location and size in acres of any public use proposed such as parks, school sites, and similar public or semi-public uses. • Area shown on the overall development plan shall extend beyond the property lines of the proposal to include a survey of the area within one hundred fi fty (150') feet of the proposal, exclusive of public right-of-way, at the same scale as the proposal and include the following: a. Land uses, location of principal structures and major existing landscape features. b. Densities of residential uses. c. Traffic circulation system. d. Natural features of the landscape. e. General topographical mapping at same scale as overall development plan. • A vicinity map of the area surrounding the site within a distance of at least one mile showing at least the following: a. Zoning districts. b. Traffic circulation system. c. Major public facilities. d. Location of existing municipal boundary lines. 3. The Overall Development Plan shall be accompanied by: • The name and address of each owner of property in the overall development plan area. • A list of names and addresses of all owners of record of real property within five hundred (500') feet of the property lines of the parcel of land for which the overall development plan is proposed, exclusive of public right-of-way. The list shall be typed on mailing labels. • A statement of planning objectives, including: a. Statement of appropriate City land use policies achieved by the proposed overall development plan. b. Statement of standards of open space, buffering, landscape and circulation. c. Estimate of number of employees for commercial and industrial uses. d. Description of rationale behind the assumptions and choices made by the applicant. • A legal description of the site. • A statement of proposed ownership of public and private open space areas. • A development phasing schedule including the sequence for each phase, approximate size in areas of each phase, and proposed phasing of construction of public improvements, recreation, and common open space areas. • Conceptual drainage plans. • Other documentation as determined by special circumstances. • One rendered set (not folded) of the overall development plan. • One 8-1/2" x I I" reduction of the overall development plan. • Signed reproducible mylar of the overall development plan. • A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development. Preliminary Planned Unit Development l. Written documents • Application form and filing fees. • Legal description of the site. • A list of names and addresses of all owners of record of real property within five hundred (500')feet of the property lines of the parcel of land for which the preliminary planned unit development plan is proposed, exclusive of public right-of-way. The list shall be typed on mailing labels. • A statement of planning objectives, including: a. Statement of appropriate City land use policies achieved by the proposed plan. b. Statement of proposed ownership of public and private open space areas; applicant's intentions with regards to future ownership of all or portions of the planned unit development. c. Estimate of number of employees for business, commercial, and industrial uses. d. Description of rationale behind the assumptions and choices made by the applicant. e. The applicant shall submit as evidence of successful completion of the applicable criteria, the completed documents pursuant to these regulations for each proposed use. The Director of Planning may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any variance from the criteria shall be described. f. Detailed description of how conflicts between land uses are being avoided or mitigated. g. Completed Energy Conservation Worksheet using either Energy Conservation Method one or two as described in Appendix E of the Land Development Guidance System, calculating the number of energy conservation points to be awarded. • A development schedule indicating the approximate date when construction of the planned unit development can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space area. • Traffic Impact Analysis • Hazardous Material Impact Analysis. This analysis shall be required for all development proposals that have potential off-site hazardous materials impacts. The analysis shall conform to the requirements of the Poudre Fire Authority. 2. Preliminary architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements, including the location of proposed flushwall signs. 3. Site plan drawings of the development, at a scale of either one (1")inch equals fifty (50') feet or one (I")inch equals one-hundred(150") feet, composed of one or more sheets with an outer dimension of twenty-four by thirty-six inches, showing the following information: • Title by which the proposed development is to be referred. • Scale, north point, and date of preparation. • Location of municipal boundaries at or near the development. • Parcel size in gross and net acres, and square feet. • Total number, type, and density per type of dwelling unit. • Total bedrooms per each dwelling unit type. • Residential density (gross). • Estimated total floor area and estimated ratio of floor area to lot size, with a breakdown by land use. • Proposed coverage of buildings and structures, including the following: a. Percentage and square footage of building coverage. b. Percentage and square footage of driveway and parking. c. Percentage and square footage of public street right-of-way. d. Percentage and square footage of open space and/or landscaped areas. e. Percentage and square footage of"active recreational use" area. • Number and location of off street parking, including guest, handicapped, bicycle, and motorcycle parking including typical dimensions of each. • Topographic contours at two (2') foot intervals. • Watercourses, water bodies, and irrigation ditches. • Floodplain as designated in the design in the design criteria as established by the City. • Unique natural features, significant wildlife areas, and vegetative cover, including existing trees and shrubs having a diameter greater than two and one-half(2-1/2") inches by species. • Tentative location and floor area of existing and proposed buildings. • Boundary and square footage of each area designated as active recreational use. • Location of existing and proposed circulation system of arterial, collector, and local streets including off-street parking areas, service areas, loading zones, and major points of access to public rights-of-way including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate. • Existing zoning. • The proposed treatment of the perimeter of the planned unit development, including materials and techniques used, such as screens, fences, walls, and other landscaping. • Proposed signage. • Listing of specific land uses being proposed. • Area shown on the site plan shall extend beyond the property lines of the proposal to include a survey of the area and uses within one hundred fifty (150') feet of the proposal , exclusive of public right-of-way, at the same scale as the proposal and including the following: a. Land uses and location of principal structures. b. Densities of residential uses. C. Existing trees and major features of landscape. d. Topographic contours at two (2') foot intervals. e. Traffic circulation system. • Vicinity map of the area surrounding the site within a distance of at least one (1) mile showing: a. Zoning Districts. b. Location of existing municipal boundary lines. c. Traffic circulation systems. d. Major public facilities (schools,parks, etc.) • Statement of variances to City design criteria and standards. • The number and percentage of solar-oriented lots in the preliminary plan; and the proposed number and percentage of solar-oriented lots in each phase of development. Each solar-oriented lot shall be identified on the site plan. 4. A general landscaping plan indicating the treatment of materials used for private and common open spaces, including all existing vegetation with identification of trees by sizes and species, and specific proposals to protect and preserve existing trees during and after construction. The scale shown on plant materials shall reflect the size, upon ten(10) years maturity, of such materials, The details of size and species for intended plantings of vegetation will be required at the final plan phase. 5. The existing and proposed utility systems including sanitary sewer, storm sewers, water, electric, gas and telephone lines, fire hydrants and trash collection areas. 6. Street cross sections schematic shall be submitted for each general category of street, including the proposed width, treatment of curbs and gutters, sidewalks systems and bikeway systems where deviations are proposed from the design criteria and standards of the City. 7. Physiographic data, including the following: a. A description of soils existing on the site accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping. b. A map showing all permanent and temporary streams and a sketch showing the one hundred year flood plain for each period as designated in the design criteria as established by the City. C. A description of the hydrologic conditions of the site with analysis of water table fluctuation and a statement of site suitability for the intended construction and proposed landscaping. 9. Preliminary drainage report and calculations and/or plan including: a. All watercourses on the property or which are located with one hundred fifty (150') of the property must be shown. In addition, the floodways and/or flood fringe areas of these watercourses must be delineated. b. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc., which may be incorporated into the storm drainage system for the property shall be designated. C. All irrigation ditches, laterals, and structures shall be shown. d. All required on-site detention areas including notes indicating the approximate area and volume of the facility. e. All plans shall indicate the proposed outlet for the storm drainage from the property including the name of the drainage (where appropriate), the downstream conditions (developed, available drainageways, etc.), and any downstream restrictions. f. Existing and/or proposed grading plan. 9. Location of temporary model homes, sales facilities, and/or construction facilities, including temporary signs and parking lots. 10. Preliminary subdivision plats. 11. One (1) rendered set (unfolded) each of architectural, site plan, and landscaping drawings. 12. 8-1/2" x 1 T" reduction of all plans and architectural drawings. 13. Impact studies and other studies as the Planning and Zoning Board may require for the full and complete considerations of the planned unit development. 14. A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development. All applications for preliminary plats shall be made at a scale of either on (1) inch equals fifty (50 feet or one(1) inch equals one hundred (100) feet and shall be on a reproducible medium of one(1) or more sheets with outer dimensions of twenty-four by thirty-six (2406) inches and shall contain the following information: 1. The proposed name of the subdivision; 2. Location and boundaries of the subdivision, tied to two (2) official United States Government monuments which form a single line; 3. The names and addresses of the subdivider and the engineer or surveyor preparing the plat; 4. The date preparation, the scale and a symbol designating true North; 5. The total acreage contained in the subdivision; 6. The location and dimensions of all existing streets, alleys, easements and watercourses within and adjacent to the subdivision and the names of all such streets; 7. The location and dimensions for all proposed streets, alleys, easements, lot lines and areas to be reserved or dedicated for parks, schools or other public uses and the names of all such streets; 8. Topography at two-foot intervals; 9. Designation of any area subject to inundation; 10. Land use breakdown, including the number of residential lots and typical lot sizes; 11. Proposed sites, if any,for multifamily residential use, business areas, industrial areas, churches or other nonpublic uses exclusive of single-family residential areas; 12. Zoning on adjacent to the subdivision; 13. The names of abutting subdivisions or the names of the owners of abutting unplatted property; 14. The location and size of existing utilities within or adjacent to the subdivision; 15. The number and percentage of solar-oriented lots in the preliminary plat; and the proposed number and percentage of solar-oriented lots in each phase of the development. Each solar-oriented lot shall be identified on the preliminary plat; 16. Such additional information as may be required by the Director of Planning in order to adequately describe proposed utilities systems, surface improvements or other construction projects contemplated within the area to be subdivided. Final Planned Unit Development 1. Application form and filing fee 2. Final site plan shall be submitted on twenty-four by thirty-six inch (24x36)sheets at a scale of one inch (1") equals fifty feet (50'), or two inches (2") inches equals one hundred feet(100'), showing the following: • Land use data(same information as required on the preliminary plan.) • Lot lines, easements, public right-of ways as per subdivision plat. • Exact location of all buildings and structures and three-dimensional building envelopes dimensioned on at least two (2) sides to the nearest platted property line. • Existing and proposed street(s) with names(s). Designation of street(s) to be public or private. Limits of private accessways to be dedicated as public utility easements and/or as other types of easements. • Location of temporary model homes, sales offices, and/or construction facilities, including temporary signs and parking lots. • The number and percentage of solar oriented lots in the final plan. Each solar oriented lot shall be identified on the site plan. 3. Final Landscape plan including the following: • A landscape plan indicating the treatment of exterior spaces. The design objective of the plan must be clear and supported by written statement. The plan must provide an ample quantity and variety of ornamental plant species which are regarded as suitable for this climate. Landscape treatment must be balanced with both evergreen and deciduous plant material with sufficient use of upright species for vertical control. Plan material selection will be reviewed for adaptability to physical conditions indicated by site plan locations. The landscape plan shall include the following: a. Extent and location of all plant material and other landscape features. Plant material must be identified by direct labeling on the plant or by a clearly understandable legend. b. Flower and shrub bed definition must be clear and drawn to a scale with dimensions. c. Proposed plant material should be indicated at ten (10) years maturity and in appropriate relation to scale. d. Species and size of existing plant materials. e. Proposed treatment of all ground surfaces must be clearly indicated (paving, turf, gravel, grading, etc.) • All plant material must meet specifications of the American Association of Nursery (AAN) for number one grade. All trees must be balled and burlapped, or equivalent. • No Certificate of Occupancy shall be issued for any building on any portion of a planned unit development until the landscaping required y the final landscape plan is in place or a bond, cash deposit, or equivalent is deposited with the city conditioned on and guaranteeing the installation of all landscaping shown on the approved landscape plan, Such bond, cash deposit, or equivalent shall be in the amount of one hundred twenty-five percent (125%)of the estimated cost of the landscaping improvements determined by an executed contract to install such landscaping or by adequate appraisals of such cost. Such bond, cash deposit, or equivalent shall further guarantee the continued maintenance and replacement of the landscaping for a period of two (2)years after installation, but the amount of the same shall be reduced after installation is completed to twenty-five (25%) of the actual cost of such landscaping. if the required landscaping is already installed prior to issuance of a Certificate of Occupancy, a bond in the amount of twenty-five percent (25%) of the actual cost of the landscaping guaranteeing continued maintenance an replacement of the same for a period of two years shall required as a condition of issuance of the Certificate of Occupancy. Any bond, cash deposit, or equivalent deposited pursuant to this requirement shall be released upon certification by the Building Inspector that the required landscaping program has been completed and maintained in accordance with the requirements of the bond. 1f any landscaping required pursuant to this section is not maintained in accordance with the requirements of the final plan, such failure to maintain the landscaping shall be a violation of the code of the City and enforceable as provided by law. Subdivision Plat 1. A subdivision plat of the site must accompany the final planned unit development plan. This plat must conform to the subdivision requirements of the City, except as waived by the approved preliminary plan for the planned unit development. The subdivision plat shall contain proper dedications for public streets, easements, and all other public right-of-way required by the preliminary plan. Approval by the Planning and Zoning Board of the final plan and subdivision plat,and complete execution, together with all necessary certifications, shall be required before filing of the subdivision plat or issuance of building permits. 2. After Planning and Zoning Board approval of the final planned unit development plan and prior to recording of the subdivision plat, the City shall prepare and present to the developer a draft form of development agreement governing the installation of improvements pertaining to the development, and the developer shall execute a development agreement in proper form providing for the installation of all such improvements. Final detailed engineering plans and related documents for wastewater, water, drainage, street,and all other applicable public improvements must be submitted to and approved by the City prior to the recording of the subdivision plat. 3. Signed, reproducible mylars of all site and landscape plans, architectural elevations, and subdivision plats. 4. 8-1/2" x 1 I" reduction of all site plans and plans. 5. Other information and data as the Planning and Zoning Board may require for full and complete consideration of the development. 6. A list of names of all general and limited and/or officers and directors of the corporation involved as either applicants or owners of the planned unit development. All applications for Final plats shall be made at a scale of either one (1) inch equals fifty (50)feet or one (1)inch equals one hundred (100) feet and shall be on a reproducible medium of one (1) or more sheets with outer dimensions of twenty-four by thirty-six (2406) inches. The Final plat may constitute only a portion of the territory covered by the preliminary plat. The final plat shall contain the following information: • The name of the subdivision; • The date of preparation, the scale and a symbol designating true North; • A legal description of the property; • A complete description of primary control points to which all dimensions, angle, bearings and similar data on the plat shall be referred; • The boundary lines of the subdivision,rights-of-way of streets,easements and other rights-of-way, irrigation ditches and lot lines, with accurate bearings and distances; • Designation of all streets and other rights-of way, including dimensions and names of such streets; • The location and dimensions of any easements; • The number and percentage of solar oriented lots in the final plan. Each solar oriented lot shall be identified on the final plat; • Identification of each lot or site by a number or designation of the area of each lot in square feet; • The location and description of all monuments found or set in accordance with Section 38-51-101, C. R. S.: • An acknowledgment in the manner of a deed by the owners and proprietors as set forth in Section 31-23-111, C. R. S., of the lands designated upon the plat before an officer authorized to take the acknowledgment; • A statement by the owners dedicating streets, easements,rights-of-way and any site for public use; • Certification by the surveyor or engineer as to the accuracy of the survey and plat; • Appropriate space for the certification of approval by the Planning and Zoning Board; • Appropriate space for the certification of approval by the Director of Engineering of a signed development agreement; • Certification by an attorney licensed to practice law in the state that the "owners and proprietors" as defined in Section 31-23-111, C. R. S., have executed and acknowledged the plat in accordance with Section 31-23-104, C. R. S. Minor Subdivision All applications for minor subdivisions shall submit such information as may be required by the Director of Planning and twenty (20) blue or black line prints on twenty-four by thirty-six inch (2406) paper. The Director may require the submission of separate site and utility plans for the construction of any improvements required or proposed, together with a traffic study, drainage and grading plans and report for the site, and such other plans and documents as are necessary for a full and proper review of the application. The minor subdivision plat shall contain the following information: • A title block shall be located across the top of the plat and shall contain the following: a. Proposed name of the subdivision in prominent letters; b. Location of the area to be subdivided by reference to U.S. survey, public land description or prior platted subdivision; C. Date; d. Horizontal scale which shall be one hundred feet to the inch or larger unless a smaller scale is approved by the Director of Planning; e. Name and address of the owners(s),subdivider and proprietors(as defined by Colorado Statutes) and the name and license number of the land surveyor or engineer. • The plat shall include a vicinity map showing the area within one-half mile of any part of the perimeter of the subdivision; • A signature block shall be included on the plat with provision for the signature of the owners and proprietors of the property, surveyor, Director of Planning, City Engineer, City Clerk, and certifying attorney. • The Director of Planning may require the submission of separate site and utility plans for the construction of any improvements required or proposed, together with a traffic study, drainage and grading plans and report for the site, and such other plans and documents as are necessary for a full and proper review of the application. All such documents shall be submitted in accordance with the form as required by the city Development Manual. • The applicant shall provide to the Planning Department a list of affected property owners within a minimum of five hundred (500) feet at the discretion of the Director of Planning. The list of affected property owners shall be prepared by the applicant and derived from the list of owners of real property as recorded with the Larimer County Assessor's Office. Site Plan Review Site plan reviews for the Highway Commercial ( IC), Business Center (BC), Limited Commercial (CL), Limited Industrial (IL), Industrial Park (IP), and River Corridor (RC) zoning districts shall submit a site plan, landscape plan, building elevations and other supporting documentation as outlined in the Final Site Plan submittal requirements.