§ 13.07.070. Preliminary plan.

(a)

Intent.

(1)

The purpose of the preliminary plan is to review the technical requirements, design standards and improvement requirements of the Town ensuring that the standards imposed on the proposed subdivision can be met. Additionally, the Planning Commission and the Town Council shall review the proposal for site planning characteristics and compatibility with adjoining land uses. The detailed review at this stage will help determine if the plan complies with zoning requirements, circulation patterns, desired open space and other applicable plans, standards and regulations.

(2)

Applicants are encouraged to include as large an area as practicable in a preliminary plan submittal in order to plan road connections, open space connections, adequate park facilities and utility extensions for a larger area.

(3)

The sketch plan and preliminary plan processes may be combined upon the approval of the Planning Director based upon, but not limited to, the following factors: design, size, public concern, public facilities, services, access and transportation network.

(b)

Prerequisite.

(1)

The preliminary plan shall be in substantial compliance with the approved sketch plan, as determined by the Planning Director. If not, the applicant shall resubmit the sketch plan for review and approval by the Planning Commission and the Town Council.

(2)

The preliminary plan shall be submitted within one (1) year of the approval of the sketch plan by the Town Council or as extended by the Planning Director.

(c)

Review process.

(1)

The applicant shall submit one (1) copy of a complete application to the Planning Department.

(2)

The submittal shall be reviewed for completeness within five (5) business days. The applicant shall be notified of any inadequacies. An incomplete submittal or preliminary plan that is inconsistent with the approved sketch plan shall not be processed.

(3)

Once the submittal is determined complete, staff will notify the applicant of the number of copies of the preliminary plan required for distribution to referral agencies. Referral packets, with all plan exhibits folded to 9" × 12", shall be provided by the applicant to the Planning Department. The planning staff shall distribute the referral packets. The applicant shall distribute any revised plans, as required by staff.

(4)

The services and facilities provided by the referral agencies below shall be considered by the Planning Commission and Town Council as a factor in approval of the preliminary plan. The criteria for evaluating sufficiency of the services that must be satisfied for the approval of the plan shall be provided to the Planning Commission and the Town Council as a part of any referral response. All preliminary plan applications may be submitted to the following departments and agencies for review and comment, if in the opinion of the Planning Department, the agency may be affected by the application or if comments by the agency will ensure a thorough analysis of the application:

a.

Douglas County School District;

b.

Appropriate water and sanitation district;

c.

Any appropriate utility or ditch company;

d.

Appropriate fire protection district;

e.

Police Department;

f.

Department of Engineering;

g.

Director of Engineering;

h.

Town Parks and Open Space Planner;

i.

Any metropolitan or special improvements district;

j.

Building Department;

k.

Douglas County;

l.

Colorado Department of Transportation;

m.

Colorado Division of Wildlife;

n.

Cherry Creek Basin Water Quality Authority;

o.

Urban Drainage and Flood Control District;

p.

Arapahoe County Public Airport Authority;

q.

E-470 Public Highway Authority;

r.

Regional Transportation District;

s.

Tri-County Health Department;

t.

U.S. Army Corps of Engineers;

u.

U.S. Fish and Wildlife Service;

v.

Appropriate cable TV provider;

w.

Mineral rights owners, when different than the applicant, contacted by certified mail by the applicant; and

x.

Any other agencies or affected parties as may be required or determined necessary by the Planning Department.

(5)

The applicant shall notify and meet with adjacent landowners and homeowners' associations concerning the preliminary plan as required by staff.

(6)

Referral agencies shall comment in writing within twenty (20) business days of receiving a complete submittal. The Planning Department shall forward referral comments to the applicant in a timely manner. The failure of any agency to respond within twenty (20) business days shall for the purpose of the hearings be considered no comment on the plan by that agency. Referring agencies will provide the Planning Commission and Town Council with a summary of any capacity evaluation study. The summary will include an explanation of the agency's assumptions regarding available capacity. The applicant is encouraged to meet with the planning staff, referral agencies and other interested parties to address any concerns prior to the end of the referral period.

(7)

The staff planner will review the referral comments and discuss the concerns with the applicant. The applicant shall address each issue identified by the referral agencies and revise the plan as needed. The revised plan must comply with all technical and/or regulatory requirements of the referral agencies and shall include a narrative that addresses each revision. Referral agencies shall comment in writing within fifteen (15) business days of receiving the revised plan. Should subsequent revisions be required, referral agencies shall comment in writing within ten (10) business days of receiving the revised plan.

(8)

The Planning Director has the discretion to authorize an extension of referral review time periods, in consultation with the Director of Engineering, to account for factors, including, but not limited to, project scale and scope, infrastructure requirements, and development type(s).

(9)

Once all issues have been satisfactorily addressed, the staff planner shall notify the applicant of the scheduled hearing date and time and prepare a staff report for the Planning Commission.

(10)

The applicant is responsible for providing public notice prior to the Planning Commission hearing in compliance with the public notice requirements in Chapter 13.08 of this Title.

(11)

The Planning Commission shall evaluate the application, referral comments, staff report and public testimony, and make a recommendation to the Town Council to approve, approve with conditions, continue for additional information or for further study or deny the preliminary plan. The burden shall be on the applicant to present sufficient evidence that the criteria contained in Subsection (d) below have been satisfied. The Planning Commission's decision shall be based on the evidence presented, and compliance with the criteria for a preliminary plan described in Subsection (d) below.

(12)

Following the recommendation by the Planning Commission, the staff planner will schedule the preliminary plan for a public hearing with the Town Council and notify the applicant of the hearing date and time. There shall be a two-week minimum delay between Planning Commission and Town Council hearings to allow for a continuance by the Planning Commission.

(13)

The applicant shall be responsible for providing public notice prior to the Town Council hearing in compliance with the public notice requirements in Chapter 13.08 of this Title.

(14)

The Town Council shall evaluate the preliminary plan, staff report, referral agency comments, the Planning Commission recommendation and public testimony, and shall approve, conditionally approve, continue for additional information or for further study, remand to the Planning Commission or deny the preliminary plan. The burden shall be on the applicant to present sufficient evidence that the criteria contained in Subsection (d) below have been satisfied. The Town Council's action shall be based on the evidence presented, and compliance with the criteria for a preliminary plan described in Subsection (d) below.

(15)

The Planning Commission and the Town Council shall consider the recommendations received from the agencies named in this Section. The Planning Commission and the Town Council are authorized to disapprove a preliminary plan if such plan is deemed to not be in conformity with the standards or intent of these regulations, the zoning ordinance and Town Master Plan; or is deemed to create significant adverse impacts to the public served by the agencies named in this Section; or if inadequate capacity exists and cannot be reasonably provided or anticipated in facilities provided by the agencies named in this Section to serve the proposed development. The Planning Commission and Town Council should also consider the impact of any disapproval on special improvement districts and metro districts.

(d)

Criteria for a preliminary plan. The subdivision shall comply with all of the following standards:

(1)

Consistency with Master Plan. The proposed subdivision is consistent with the goals and policies of the Town of Parker Master Plan and the General Land Use Plan in the Master Plan.

(2)

Consistency with the Land Development Ordinance and other minimum standards established by the Town. The proposed subdivision complies with this Section and all other provisions of this Title, the Town's Stormwater Drainage and Environmental Criteria Manual and the Town of Parker Roadway Design and Construction Criteria Manual and other applicable standards adopted by the Town.

(3)

Consistency with Zone District Standards or Planned Development Guide, if applicable. The proposed subdivision complies with all of the provisions of the applicable Zone District or Planned Development Guide.

(4)

Previous plans. All conditions of the previous plan have been met. The plan is in substantial conformance with the sketch plan.

(5)

Public notice requirements. The applicant has demonstrated that all public notice requirements have been met.

(e)

General submittal requirements.

(1)

Completed land use application.

(2)

A narrative outlining the proposal.

(3)

Application fee.

(4)

A copy of the recorded warranty deed and title commitment or updated title commitment current within thirty (30) days of submittal.

(5)

A notarized letter of authorization from the landowner permitting a representative to process the application.

(6)

Preliminary plan exhibit (described in Subsection (f) below).

(7)

Development reports and plans (described in Subsection (g) below).

(8)

An executed charge back agreement in accordance with Subsection 13.01.080(b) of this Title.

(f)

Preliminary plan exhibit.

(1)

The plan exhibit shall be prepared on 24" × 36" paper at a scale of 1" = 100', 1" = 200' or another scale approved by the Planning Director. If a proposal requires multiple sheets, a composite, on 24" × 36" paper, shall be provided that delineates the boundaries and identifies each sheet number.

(2)

The title shall be placed at the top of the sheet along the long dimension of each sheet and shall include the name of the proposed subdivision or planned development (and plan number when applicable). If part of a planned development, the planning area shall be included under the title. A general legal description stating the aliquot portion of the section, township, range, 6th P.M. shall be included under the name and planning area. On the title sheet (sheet #1), under the general legal description, include the total acreage and the total number of residential lots. The name of the builder, product line or marketing name may only be used as a descriptor along the bottom of the sheet. Subdivision names shall not duplicate existing subdivision names or planned developments.

(3)

A block in the lower right-hand corner shall include the following: The preparation date; a north arrow designated as true north; a written and graphic scale; the names and addresses of the applicant, developer, engineer or surveyor who prepared the exhibit; and the number of the sheets and the total number of sheets.

(4)

The boundary of the proposed subdivision shall be depicted in a heavy solid line. Note those areas not included in the subdivision as "Not included in this plat."

(5)

A vicinity map that depicts the area to be subdivided and the area which surrounds the proposed subdivision within a one-mile radius.

(6)

When land is zoned planned development, a vicinity map that depicts the area to be subdivided superimposed on the development plan at a scale of 1" = 2,000'.

(7)

Depict all lots, tracts and, when appropriate, building envelopes, providing accurate dimensions for each. Lots shall be numbered consecutively, tracts shall be lettered alphabetically. On residential uses, tracts shall be used exclusively for nonresidential uses, such as areas to be dedicated to the Town for park or school sites.

(8)

Depict all easements, including existing and proposed, public or private, on and adjacent to the proposed subdivision, their use, principal dimensions and the owner or right holder of the easement along with the recorded book and page number and the name of the entity responsible for construction or maintenance.

(9)

Contour lines depicted at five-foot intervals. The staff planner may request that other significant topographic conditions be depicted at greater or lesser intervals where appropriate.

(10)

Delineate all regulatory one-hundred-year floodplains and floodways, all existing and proposed watercourses, retention and detention areas, wetlands, known aquifer recharge areas, streams and lakes of the affected property and environmentally sensitive areas within one hundred (100) feet of such property.

(11)

Depict all lands to be dedicated or reserved in deeds or easements for the use of landowners, residents or the general public. Include notes to indicate the disposition and maintenance responsibility for all such tracts.

(12)

Locate and provide the name and principal dimension of all street rights-of-way. Roads shall be identified by the classification system defined by the Town of Parker Roadway Design and Construction Criteria Manual.

(13)

Depict legal and physical public access to the proposed subdivision even if not part of the subdivision.

(14)

Note the land use, zoning and ownership of the adjacent land, including the intended future use of the adjacent land, if owned by the applicant.

(15)

Note existing structures on the site, their uses and whether they are to remain on the site.

(16)

Locate and dimension all pedestrian paths. Note surface type.

(g)

Development reports and plans. The applicant shall submit a report with supporting materials and completely address the items listed below as a minimum. The degree of detail for analysis of some of the following factors will depend upon the impact of the particular item on the surrounding area and the subject property. As determined by the Planning Department, the applicant may be required to provide other documentation not listed in this Section to aid in the review of the plan.

(1)

Road plans and profiles prepared in accordance with the requirements of the Town of Parker Roadway Design and Construction Criteria Manual.

(2)

A preliminary drainage report and plan with supporting hydrologic and hydraulic calculations, plans, profiles and details prepared in accordance with the Town's Storm Drainage and Environmental Criteria Manual, as amended.

(3)

Utility plans prepared in accordance with the regulations of the appropriate service provider.

(4)

Tree conservation plan as required by Paragraph 13.10.110(c)(3) of this Title and a preliminary landscape plan for the subdivision.

(5)

A list of potential street names to be approved by Douglas County.

(6)

A park facilities master plan that includes location, size and a description of amenities.

(h)

Public notice requirements. All public notice requirements shall be completed in accordance with Chapter 13.08 of this Title.

(i)

Expiration of approval.

(1)

The preliminary plan shall be effective for a period of one (1) year from the date of approval, unless stated otherwise in such approval. The Planning Director may grant an extension of time, of no more than one (1) year, upon a written request by the applicant prior to the expiration of the one-year period. However, when a part of the preliminary plan is final platted, approval of the remaining area of the preliminary plan shall be effective for the one-year period or as otherwise extended by the Planning Director or the Town Council.

(2)

An extension request shall include a fee and a narrative stating the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood, any changes to the Town Master Plan or this Title that have occurred since approval of the plan as these changes affect the plan and the anticipated time schedule for completing the platting process. A fee schedule is available from the Planning Department. Additional review of the plan may occur resulting in additional conditions as applicable.

(Ord. 3.327 §6, 2017; Ord. 1.467 §§32, 33, 2015; Ord. 3.147 §2, 2000; Ord. 3.01.13 §4, 1997; Ord. 3.01.7 §16, 1995; PLDO Art. VII §6)