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1. Annexation.

a. An application for annexation shall follow the core procedure for review of major applications, stated in Section 4.6. Additionally, the process shall follow the modifications outlined in Article 13 of the Land Use Code and C.R.S § 31.12.101 et seq.

2. Zoning.

a. Initiation of amendments to the zoning district map may be initiated by the Board of Trustees, Town staff, the Planning Commission, or a real property owner in the area to be included in the proposed amendment. Zoning at the time of annexation is included as an amendment to the zoning district map.

b. General rezoning of Town. The zoning district map may be changed or amended incidental to or as part of a general revision of the zoning code. This change or amendment may be made by repeal of the existing zoning code and enactment of a new zoning code or by other means. Whenever the zoning district map is in any way to be changed or amended, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of, the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the Town Hall during regular business hours for fifteen (15) days prior to the public hearing on such amendments.

c. The application shall include a written statement describing the proposal and addressing the following points:

(1) Need for the proposed rezoning;

(2) Present and future impacts on the existing adjacent zone districts, uses, and physical character of the surrounding area;

(3) Impact of the proposed zone on area accesses and traffic patterns;

(4) Availability of utilities for any potential development;

(5) Present and future impacts on public facilities and services, including but not limited to fire, police, water, sanitation, roadways, parks, schools and transit;

(6) The relationship between the proposal and the Comprehensive Plan; and

(7) Public benefits arising from the proposal.

d. Review criteria. For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the official zoning map shall not be amended except:

(1) To correct a manifest error in an ordinance establishing the zoning for a specific property;

(2) To rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the Town generally;

(3) To bring the official zoning map into conformity with the policies and goals of the Comprehensive Plan; provided, that if a Comprehensive Plan update has not occurred in the five (5) years preceding the application date, the Board specifically finds that the public health, safety, and welfare will be advanced by amending the official zoning map to conform to the Comprehensive Plan;

(4) To provide land for a community-related use that was not anticipated at the time of the adoption of the Comprehensive Plan, and which specifically advances public health, safety, or welfare by optimizing the delivery of necessary services or amenities that the Town Board determines are a high priority;

(5) To encourage development or redevelopment of an area that has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment in accordance with an amended official zoning map.

This declaration of criteria for zoning map amendments shall not control an amendment that occurs incidentally to a general revision of the zoning map.

e. Map; amendment upon zoning establishment or modification. Upon enactment of any ordinance annexing and establishing zoning or modifying existing zoning for any property, and upon final passage thereof, the Town shall amend the prior existing official maps to include the annexed area with the proper zoning classification or show the amended classification, as the case may be. Such updated, current official map shall contain, in table form, the date and number of the ordinance amending it, the date the map was amended to reflect each amendment and the initials of the person who checked and approved the change to the map.

3. Sketch plan.

a. Sketch plan purpose. The sketch plan process is collaborative from the onset. The purpose of the sketch plan is two-fold. First, it provides the Town the opportunity to describe the community’s vision to the applicant. Second, it gives the applicant an opportunity to discuss his or her development plans, explain how the plans will further the community’s vision and obtain input and direction from the Planning Commission and Board of Trustees early in the process. The ultimate goal of this process is to help the applicant develop a plan that fosters the community’s vision.

b. In addition to the submittal requirements found in Appendix A, an application for a sketch plan must include a written description as part of the general development information which includes:

(1) Design rationale. Discuss how the development is connected to and integrated with surrounding area, how it responds to site features and constraints and how it will be compatible with the Community Design Principles and Development Standards in Article 2 of this Code.

(2) Proposed number of residential lots or dwelling units, typical lot width and depth.

(3) General description of plan for drainage and storm water management. (Refer to Weld County Tri-Area Sanitation District’s Standard Requirements for Storm Drainage Design Criteria and Construction Standards or the I-25 Corridor Master Drainage Plan Godding Hollow and Tri-Town Basins South Weld County, Colorado as determined at the pre-application conference.).

(4) Water supply information including: the number of water taps anticipated; the amount of raw water that will be provided to the Town (consistent with Central Weld County Water District policy); and the source of the water (if part of an annexation, the source of raw water).

(5) Statement indicating whether or not any commercial mineral deposits are located on the site.

(6) Description of any floodplain hazards on the site (only if additional information is needed other than what is shown on the sketch plan map).

(7) Show how the proposed development complies with the Comprehensive Plan.

c. Sketch plan review criteria. The Town shall use the following criteria to evaluate the applicant’s sketch plan application:

(1) The land use mix within the project conforms to the Town’s zoning district map and furthers the following planning objectives:

(a) The proposed development promotes the Town’s small-town, rural character, or implements a Board-approved sub-area, corridor, or urban renewal plan, however titled;

(b) Proposed residential development adds diversity to the Town’s housing supply;

(c) Proposed commercial development will benefit the Town’s economic base;

(d) Parks and open space are incorporated into the site design, as appropriate to the proposed principal use or uses of the land;

(e) The proposed project protects the Town’s environmental quality; and

(f) The development enhances cultural, historical, educational and/or human service opportunities.

(2) The sketch plan represents a functional system of land use and is consistent with the criteria set forth in this Code.

(3) The utility and transportation design is adequate, given existing and planned capacities of those systems.

(4) Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.

(5) There is a need or desirability within the community for the applicant’s development, and the development will help achieve a balance of land use and/or housing types within the Town, according to the Town’s goals.

d. Approval and conditional approval of a sketch plan shall be effective for two (2) years unless otherwise approved by the Board of Trustees. If the plan is denied, the request or one (1) that is substantially similar may not be heard by the Planning Commission for a period of one (1) year from the date of denial unless otherwise approved by the Planning Commission. If a preliminary plat is not submitted within said time limit or an extension has not been granted, a sketch plan must again be submitted before action may be taken on a final plat.

4. Preliminary plat.

a. Preliminary plat purpose. The purpose of the preliminary plat is to provide the Town with an overall master plan for the proposed development.

b. Preliminary plat review criteria. The Town shall use the following criteria to evaluate the applicant’s request:

(1) The preliminary plat provides for a functional system of land use and is consistent with the criteria set forth in this Code.

(2) The application is consistent with the approved sketch plan and incorporates the Planning Commission’s recommendations and conditions of approval.

(3) The land use mix within the project conforms to the Town’s zoning district map and furthers the following planning objectives:

(a) The proposed development promotes the Town’s small-town, rural character, or implements a Board-approved sub-area, corridor, or urban renewal plan, however titled;

(b) Proposed residential development adds diversity to the Town’s housing supply;

(c) Proposed commercial development will benefit the Town’s economic base;

(d) Parks and open space are incorporated into the site design, as appropriate to the proposed principal use or uses of the land;

(e) The proposed project protects the Town’s environmental quality; and

(f) The development enhances cultural, historical, educational and/or human service opportunities.

(4) The utility and transportation design is adequate, given existing and planned capacities of those systems.

(5) Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.

(6) There is a need or desirability within the community for the applicant’s development, and the development will help achieve a balance of land use and/or housing types within the Town, according to the Town’s goals.

c. Approval and conditional approval of a preliminary plat shall be effective for one (1) year unless otherwise approved by the Board of Trustees. If the plat is denied, the request or one (1) that is substantially similar may not be heard by the Planning Commission for a period of one (1) year from the date of denial unless otherwise approved by the Planning Commission. If a final plat is not submitted within said time limit or an extension has not been granted, a preliminary plat must again be submitted before action may be taken on a final plat.

5. Preliminary development plan.

a. Preliminary development plan purpose. The purpose of a preliminary development plan is to outline the proposed standards associated with a specific planned unit development overlay district.

b. In addition to the submittal requirements found in Appendix A, an application for a preliminary development plan must include a written description as part of the general development information which includes:

(1) List all subdivision regulation exceptions being proposed for the development plan and explain why such exceptions are justified.

(2) Identify the underlying zoning district for the property and describe any proposed modifications and/or restrictions to the allowed uses and/or standards within the district. Provide a comparison between the proposed preliminary development plan to the elements and standards of the underlying zone district as contained in this Code. If any conditional uses are requested, explain how the conditional use review criteria (refer to Section 4.9.4) will be addressed.

(3) Describe how the proposed development plan overlay rezoning satisfies one (1) or more of the criteria for amendments to the Official Zoning Map (Section 4.7.2).

(4) Identify and explain the benefits which will be provided by the development plan to offset the impact of the modifications requested. The proposed benefits must offset the proposed modifications.

(5) Explain how the proposed development plan will be compatible with adjacent neighborhoods which now exist or are proposed in the future. Describe buffering techniques which serve to achieve such compatibility.

(6) Draft copies of owners’ association documents (covenants, conditions, restrictions and any architectural design guidelines) that provide an acceptable program for the continuing maintenance of open space, recreational areas, walkways and private streets within the PUD; that detail the type of organizational structure responsible for such ongoing maintenance; and that provide for architectural review based on the design guidelines.

(7) Provide any additional relevant information which the Town may deem necessary.

c. In addition to the map standards found in Appendix A, the preliminary development plan must include:

(1) All principal, conditional and accessory uses within each land use category within the PUD; i.e., single-family, multi-family, commercial, etc., either listed specifically or by reference to the zoning districts within the Town. In particular, note any modifications to the principal, conditional and accessory uses of the underlying zone district.

(2) Standards for principal and accessory uses within each land use category, to include:

(a) Minimum lot area.

(b) Maximum lot coverage

(c) Maximum floor area ratio (total floor area to total lot area)

(d) Maximum building height

(e) Parking requirements for principal, accessory and conditional uses

(f) Provide any additional relevant information which the Town may deem necessary.

(3) Proposed phasing, if any, for the development.

d. Standards not open to modification. The following community design principles and development standards are considered absolute minimum standards and are not open to modification through an exception process:

(1) Road standard (cross-section) for local streets with attached sidewalk;

(2) Requirement of one (1) street tree of two-inch caliper for each forty (40) feet of frontage on both sides of the street (except for rural roads and alleys);

(3) Dedication of the full width of right-of-way for all platted streets; and

(4) Provision of handicap parking spaces.

e. Preliminary development plan review criteria. The following review criteria will be used to evaluate a preliminary development plan application:

(1) The proposed benefits offset the proposed exceptions to the zoning and subdivision standards, and such exceptions are in the best interest of the public health, safety, and welfare of the community.

(2) The proposed development plan does not conflict with the restrictions on development plans, and the proposed zoning is compatible with the surrounding land uses.

(3) The development plan proposes creative and innovative design and high quality development, thereby protecting and promoting public safety, convenience, health, and general welfare.

(4) The uses and densities in the proposed development plan are compatible, and will be effectively integrated with adjacent neighborhoods which now exist or are proposed in the future.

(5) The proposed development plan is in general conformance with the Comprehensive Plan.

6. Vacation of Right-of-Way/Easement.

a. Vacation of right-of-way/easement purpose. The vacation of a right-of-way or easement application process is used to vacate unnecessary easements and rights-of-way. The vacation of a right-of-way or easement shall be in accordance with C.R.S. § 43-2-301 et seq.

b. After final approval, Title to vacate a right-of-way shall be transferred to the abutting property owners in accordance with C.R.S. § 43-2-303 Transfer shall be by quitclaim deed.

c. Vacation of right-of-way/easement review criteria:

(1) The right-of-way or easement being vacated is not needed in the short or long term.

(2) If necessary, the right-of-way or easement will be replaced. To replace the right-of-way or easement, the vacation application shall be accompanied by a development application which proposes a new right-of-way or easement.

(3) The applicant is relocating all public facilities or utilities within the right-of-way or easement.

(4) The public and surrounding properties will not be negatively impacted by the vacation.

7. Appeals and variances.

a. Purpose. The Board of Trustees, sitting as a Board of Adjustment, shall hear and decide appeals from any order, requirement, decision or determination made by any administrative official charged with the enforcement of this Code. In addition, the Board of Adjustment shall hear and decide all requests for a variance from the requirements of this Code. Such variance shall not be granted if it would be detrimental to the public good or impair the intent and purpose of this Code.

b. Appeal application. Any aggrieved person of interest may appeal a denial of a building or other development permit or any order, requirement, decision, interpretation or determination made by an administrative official charged with the enforcement of this Code.

(1) An appeal to the Board shall be made within thirty (30) days after denial of a building permit or other development permit, or receipt of a written notice of an order, requirement, decision, interpretation or determination by an administrative official of the Town. Failure to make a timely appeal shall be considered a waiver of the appellant’s rights to appeal to the Board of Adjustment.

(2) The applicant shall file with the Town Clerk a written notice of appeal on a form approved by the Board and pay the fee set by the current fee schedule.

(3) The Town Clerk shall forward a copy of the notice of appeal to the planning staff or other appropriate administrative officer, who shall prepare a record of the Town action that is being appealed for consideration by the Board.

c. Variance application. Any person of interest or an officer or department of the Town may apply to the Board for a variance from the literal interpretation of the provisions of this Code.

(1) Variance requests in conjunction with other applications. In addition to the submittal requirements found in Appendix A, the applicant shall submit the following to the Planning Department in conjunction with the other application:

(a) Explanation letter, identifying the variance being requested.

(b) A citation of the portion of this Code from which relief is requested and explaining what exceptional condition, practical difficulty or unnecessary hardship exists to require the variance.

(c) A letter addressing how the variance, if granted, will not be detrimental to the public good or impair the intent and purpose of this Code.

(2) Stand-alone variance requests. If the variance request is not accompanying another application which graphically depicts the variance, the applicant shall submit the following to the Planning Department in addition to the requirements found in Appendix A:

(a) Explanation letter addressing how the variance, if granted, will not be detrimental to the public good or impair the intent and purpose of this Code.

(3) Board of Adjustment public hearing and action on appeal or variance request. The Board of Trustees, sitting as a Board of Adjustment, shall make a decision on appeal and variances at a regular meeting of the Board of Trustees.

(a) The Appellant, or the Applicant for a Variance, has the burden of proof to establish the necessary facts to warrant favorable action of the Board.

(b) The Board shall have all the powers of the applicable Town administrative official on the action appealed. The Board may in whole or in part affirm, reverse or amend the decisions of the applicable Town administrative official.

(c) The Board may impose reasonable conditions in its order to be complied with by the appellant in order to further the purposes and intent of this Code.

(d) The Board may impose any reasonable conditions on the issuance of a variance and may amend the variance from that requested.

(e) No single decision of the Board sets a precedent. The decision of the Board shall be made on the particular facts of each case.

(f) Variances granted by the Board of Adjustment shall be recorded with the County Clerk and Recorder at the expense of the Applicant.

Any appeal of the decision of the Board of Adjustment may be made to the District Court as provided by law; provided however, that such appeal must be made prior to thirty (30) days following the date of the final action taken by the Board of Adjustment, as provided by Rule 106, Colorado Rules of Civil Procedure.

d. Appeal criteria for approval. The Board, in hearing an appeal from an interpretation of this Code, shall consider:

(1) The technical meaning of the provision being appealed;

(2) Evidence of the manner in which the provision has been interpreted in the past;

(3) The positive or negative impact of the requested appeal on the achievement of stated Town development goals and objectives; and

(4) The intent of the provision in implementing the Comprehensive Plan; provided, that if a Comprehensive Plan update has not occurred in the five (5) years preceding the application date, the Board may consider the level of benefit that will be created by granting the appeal against the level of risk to current Town planning priorities that the Board determines may be created by granting the appeal.

In approving a requested interpretation, the Board shall provide a written record of its findings, including determinations of current planning priorities pursuant to Subsection (7)(d)(4) of this Section, if any, and the staff shall use it to propose amendments that address future interpretation problems.

e. Variance criteria for approval. The Board shall not grant a variance to this Code which:

(1) Permits a land use not allowed in the zoning district in which the property is located;

(2) Is in the public right-of-way or on public property;

(3) Alters any definition of this Code;

(4) Is other than the minimum variance that will afford relief with the least modification possible to the requirements of this Code;

(5) Is based on physical conditions or circumstances of the property so general or recurring in nature as to reasonably make practicable the formulation of a general regulation to be adopted as an amendment to of this Code; or

(6) Is based exclusively on findings of personal or financial hardship. Convenience, profit or caprice shall not constitute undue hardship.

f. In order to grant a variance to this Code, the Board shall find that all the following have been satisfied:

(1) That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of the lot, or exceptional topographical or other physical condition particular to the affected property;

(2) That, because of these unique physical circumstances or conditions, the property cannot be reasonably developed or used in compliance with the provisions of this Code;

(3) That, due to such unique physical circumstances or conditions, the strict application of this Code would create a demonstrated hardship;

(4) That the demonstrable hardship is not self-imposed;

(5) That the variance, if granted, will not adversely affect the proposed development or use of adjacent property or neighborhood;

(6) That the variance, if granted, will not change the character of the zoning district in which the property is located;

(7) That the variance, if granted, is in keeping with the intent of this Code; and

(8) That the variance, if granted, will not adversely affect the health, safety or welfare of the citizens of the Town.

The condition of any variance authorized shall be stated in writing in the minutes of the Board of Adjustments with the justifications set forth.

g. Notice. Public notice of an appeal or variance submitted independent of any other application shall be completed by:

(1) Publishing notice according to Section 4.5.8.

(2) Written notice shall be provided to adjacent property owners at least fifteen (15) days prior to the date of the Board of Adjustments hearing.

8. Waivers.

a. Purpose. The Board of Trustees authorizes waivers from the Land Use Code as provided in this Subsection (8).

b. Waiver application – Waiver requests in conjunction with other applications. In addition to the requirements of Appendix A, the applicant shall submit the following to the Planning Department in conjunction with another application:

(1) Explanation letter, identifying the waiver being requested and explaining what exceptional condition, practical difficulty or unnecessary hardship exists to require the waiver. The letter shall also address how the waiver, if granted, will not be detrimental to the public good or impair the intent and purpose of this Code.

c. Waiver criteria for approval. The condition of any waiver authorized shall be stated in writing in the minutes of the Board of Trustees with the justifications set forth. Waivers may be granted only if all of the following criteria are met:

(1) The waiver, if granted, will not be detrimental to the public good.

(2) Due to exceptional conditions peculiar to the site, practical difficulties or an unnecessary hardship is placed on the landowner, and such practical difficulties or unnecessary hardship has not been created by the applicant.

(3) The waiver, if granted, does not create a conflict with a Comprehensive Plan that has been the subject of a Comprehensive Plan update within the five (5) years preceding the application.

(4) The waiver, if granted, does not impair the intent and purpose of this Code.

(5) The waiver, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor diminish the value, use or enjoyment of adjacent property.

(6) The waiver, if granted, is the minimum variance that will afford relief and is the least modification possible of the subdivision ordinance provisions which are in question.

d. Review body. If a waiver is submitted independent of any other application, the waiver application shall be presented to the Board of Trustees alone for consideration at a public meeting.

e. Notice. Public notice of a waiver submitted independent of any other application shall be completed by:

(1) Publishing notice according to Section 4.5.8.

(2) Written notice shall be provided to adjacent property owners at least fifteen (15) days prior to the date of the Board of Trustees hearing.

9. Land Use Code amendment.

a. Initiation of amendments to text. The Board of Trustees may, from time to time, amend, supplement, change or repeal the regulations and provisions of this Code. Amendments to the text of the zoning code may be initiated by the Board of Trustees, Town staff, or Planning Commission, or by written application of any property owner or resident of the Town.

b. Criteria for text amendments to zoning code. For the purpose of establishing and maintaining sound, stable, and desirable development within the Town, the text of this Code shall not be amended except:

(1) To correct a manifest error in the text of this Code;

(2) To provide for changes in administrative practices as may be necessary to accommodate changing needs of the community and the Town staff;

(3) To accommodate innovations in land use and development practices that were not contemplated at the adoption of this Code; or

(4) To further the implementation of the goals and objectives of the Comprehensive Plan.

10. Comprehensive Plan amendment.

a. The Planning Commission is the final decision maker on all requests to amend the Comprehensive Plan. Following a public hearing at the Planning Commission, the decision will be presented to the Board of Trustees in a public meeting.

b. Review criteria. The Comprehensive Plan may be amended pursuant to the following criteria:

(1) The amendment improves the implementation of one or more of the goals, policies, and strategies of The Town of Frederick Comprehensive Plan, 2006.

(2) The amendment will not pose a detrimental impact on existing or planned Town facilities, services or transportation facilities.

(3) The amendment will not interfere with the existing or emerging land use patterns and densities/intensities of the surrounding neighborhoods as depicted on the Land Use Plan and contained within the Town of Frederick Comprehensive Plan, 2006.

(4) The amendment will not interfere with, or prevent, the provision of any of the area’s (neighborhood’s) existing, planned, or previously committed services. (Ord. 1371 §§ 7 – 12, 2022)