§ 13.07.090. Minor development—single-family residential.

(a)

Intent. To provide a one-step process for the creation of four (4) or fewer lots, parcels or tracts of land with one (1) principal use on each lot and adjoining a public street. The Planning Director may determine whether additional lots may be created through this process, based on design, size, available public facilities, services, access and transportation network, not to exceed ten (10) lots.

(b)

Prerequisite. Prior to submittal of a minor development application, the applicant shall meet with staff to discuss the procedure and submittal requirements. If it is determined that the applicant is using the minor development process to circumvent the subdivision process such as the submittal of adjoining multiple minor developments, the applicant shall be required to comply with the sketch plan, preliminary plan and final plat processes. A minor development shall not be permitted if the subdivision creates a nonconforming lot, or in the case of an existing nonconforming lot, a minor development shall not increase the nonconformity.

(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 shall not be processed.

(3)

Once the submittal is determined complete, staff will notify the applicant of the number of copies of the minor development plat 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. Planning staff shall distribute the referral packets. The applicant shall distribute any revised plans, as required by staff.

(4)

All minor development 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 the adjacent landowners and homeowners' association(s) of the minor development application 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. The applicant is encouraged to meet with staff and referral agencies and other interested parties to address any outstanding issues.

(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 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, staff report, referral comments, 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 minor development plat. 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 minor development plat described in Subsection (d) below.

(12)

Following the recommendation by the Planning Commission, the staff planner will schedule the minor development plat for a public hearing with the Town Council and notify the applicant of the public hearing date and time. When required, a subdivision improvements agreement shall be approved by the Town Attorney and signed by the applicant prior to minor development plat approval by the Town Council. Construction plans and cost estimates for public improvements, if any, shall be approved prior to scheduling before Town Council. There shall be a minimum two-week delay between the Planning Commission and Town Council hearings to allow for a continuance by the Planning Commission.

(13)

The applicant is 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 minor development plat, staff report, referral agency comments, Planning Commission recommendations and public testimony and shall either approve, conditionally approve, continue for additional information or for further study, remand to the Planning Commission or deny the minor development plat. 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 minor development plat described in Subsection (d) below.

(d)

Criteria for a minor development plat. 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)

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

(5)

Agreements. A subdivision agreement and/or other agreements have been executed by the applicant as required by the Town Council.

(6)

Public dedications. All applicable public dedication requirements have been satisfied.

(e)

General submittal requirements.

(1)

Completed land use application.

(2)

Application fee.

(3)

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

(4)

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

(5)

Minor development plat exhibit (described in Subsection (f) below).

(6)

A narrative outlining the proposal.

(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)

Minor development plat exhibit.

(1)

The minor development plat shall be prepared by or under the supervision of a registered professional land surveyor licensed with the State for recording in the office of the County Clerk and Recorder. It shall be a neat, clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn plats shall be rejected.

(2)

The minor development plat shall be either an original drawing using only permanent black ink that will adhere to drafting films (no ballpoint, transfer type or stickybacks are permitted) or an acceptable photographic reproduction (Fix-line, emulsion down) of an original drawing.

(3)

The minor development plat shall be prepared on 24" high × 36" wide flat, spliceless, tapeless and creaseless sheets of double matte Mylar film with a uniform thickness of not less than three thousandths (.003) of an inch. A margin line shall be drawn completely around each sheet leaving a margin at least one-half (½) inch on all sides entirely blank.

(4)

The minor development plat shall be drafted at a scale that best conveys the detailed survey, engineering and design of the subdivision and confines the drafting error to less than one percent (1%). Acceptable scales are 1" = 50' or 1" = 100' and for subdivisions exceeding one hundred (100) acres, 1" = 200'. In special instances, another scale may be 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. The scale may be different than the individual sheets as approved by the staff planner.

(5)

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 filing number (where 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., and Town of Parker, County of Douglas, State of Colorado, 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 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 may not duplicate existing subdivision names or planned developments.

(6)

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 sheet and the total number of sheets.

(7)

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

(8)

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

(9)

A written metes and bounds legal description of the subdivision boundary with a map showing all information as required in the Colorado Revised Statutes shall be clearly and prominently indicated on the minor development plat. The names and locations of all abutting subdivisions, the locations of all abutting unplatted parcels and public lands shall be depicted. All lines, names and descriptions on the final plat which do not constitute a part of the subdivision shall be depicted in dashed or screened lines. Any area enclosed by the subdivision, but not a part thereof, shall be labeled "Not a part of this subdivision."

(10)

Display ties to aliquot section corners and to the State grid, if available, which show dimensions of all primary boundary survey control points with complete monument and location descriptions, all parcel lines showing dimensions with lengths, bearings and curve data, including chord lengths and bearings, basis of bearings and relation to true meridian and similar data. Only circular curves shall be used. No spirals, parabolas, etc., shall be used unless approved by the Department of Engineering. All dimensions are to be shown to the nearest 0.01' or in the case of degrees, to the nearest second. An accuracy of 1:50,000 (second order) minimum for linear and angular (bearing) closure shall by required for the boundary. All internal lots, tracts or parcels shall have a closure accuracy of 0.01'.

(11)

All lots, tracts and, when requested by staff, appropriate building envelopes, shall be located, identified and labeled with the appropriate dimension with sufficient linear, bearing and curve data. No ditto marks shall be used for dimensions. All lots and, whenever practical, blocks shall be shown in their entirety on one (1) sheet. Lots shall be consecutively numbered, tracts shall be lettered alphabetically and in consecutive order. Include the acreage within each lot or tract to the nearest one hundredth (0.01) of an acre. On residential subdivisions, tracts shall be used exclusively for nonresidential property, such as areas to be dedicated for park and school sites. All parcels or areas of land inadvertently created and not identified shall be presumed to be outlots and shall not be considered to be building lots.

(12)

All road names, right-of-way widths at each leg of an intersection, at point of curve and point of tangent, at dead ends and at angle points; and right-of-way line with accurate bearings and dimensions including chord lengths and bearings, central angles and radii of all curves. If any road in the subdivision is a continuation or approximately a continuation of an existing public road, the conformity or the amount of conformity of the new road to the existing road shall be accurately shown. Whenever the centerline of a road has been established or recorded, the date shall be shown on the minor development plat.

(13)

The purpose, widths and location (with fine dashed lines) of all easements and all abutting easements. If any easement already of record cannot be definitely located, a statement of its existence, the nature thereof and its recorded reference must appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement must be shown with an arrow or so shown that the plat will indicate clearly the actual length of the lot lines. The widths of all easements and sufficient data to definitely locate the same with respect to the subdivision and each lot must be shown. All easements must be clearly labeled and identified. If an easement shown on the plat is already of record, its recorded reference must be given. If an easement is being dedicated by the plat, it shall be set out in the owner's certificate of dedication. A plat note may be necessary to provide complete information of the purpose of the easement.

(14)

Delineate all regulatory one-hundred-year floodplains and floodways, all existing and proposed water courses, retention and detention areas, wetlands, known aquifer recharge areas, streams, lakes, inlets, storm sewers and culverts and environmentally sensitive areas on the affected property.

(15)

The following certifications on a single sheet in accordance with Section 13.07.130 of this Chapter: Surveyor, Town Council, and County Clerk and Recorder, title verification, dedication statement and Planning Commission.

(16)

Plat notes which adequately explain information pertinent to the execution and maintenance of the subdivision including the ownership of tracts, reference to the subdivision improvements agreement and conservation easements, maintenance responsibility for private roads, easements and tracts, and limitations on wells or septic systems. The developer shall provide for the construction, at no cost to the Town, of traffic signalization, all utilities and other public infrastructure, as required by the Town Council, and provide security needed to ensure such improvements, as required by the Town Council.

(g)

Development reports and plans. The applicant shall submit the supporting materials necessary for the review of the minor development plat which address the items listed below. As determined by the Planning Department, the applicant may be required to provide other documentation not listed here to aid in the review of the plan.

(1)

Final drainage report and drainage plan with supporting calculations, erosion control plans, drainage construction drawings and overlot grading plan prepared in accordance with the requirements of the Town's Storm Drainage and Environmental Criteria Manual.

(2)

A traffic impact analysis performed by a traffic engineer discussing the impact of the minor development on the immediate and regional traffic, and other concerns as requested by the Town prepared in accordance with the requirements of the Town of Parker Roadway Design and Construction Criteria Manual and the transportation portion of the Town of Parker Master Plan.

(3)

Final road construction plans prepared in accordance with the requirements of the Town of Parker Roadway Design and Construction Criteria Manual.

(4)

Evidence of the physical and legal capability to provide sanitation. For a subdivision of land located within a sanitation district, a letter of commitment to serve the proposed subdivision stating the capacity to serve and feasibility of extending service to that area.

(5)

Evidence that an adequate water supply, sufficient in terms of quality and quantity, is available. For a subdivision of land located within a water district, a letter of commitment to serve the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to that area.

(6)

Final utility construction drawings prepared in accordance with the requirements of the appropriate service provider.

(7)

If applicable, a park facilities master plan and construction plans.

(8)

Construction cost estimates for all public improvements.

(9)

A signed copy of the subdivision agreement attached to the ordinance codified herein as Appendix A.

(10)

A signed warranty deed must be provided, if such has been required, conveying certain tracts, or the development rights to such tracts, to the appropriate entity for public use.

(11)

Warranty deeds to the Town shall be provided for rights-of-way adjacent to the subdivision reflecting widths as designated in the Town Transportation Plan. The minor development plat shall not be recorded until all warranty deeds are executed and accepted by the Town.

(12)

Tree conservation plan as required by Paragraph 13.10.110(c)(3) of this Title.

(13)

A final landscape plan for the subdivision prepared in accordance with the Town of Parker Construction Specifications and Design Consideration for Parks, Trails and Streetscapes that includes road rights-of-way, landscaped tracts and common areas, if applicable.

(14)

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

(15)

An address plat of the subdivision.

(16)

An electronic deliverable of the minor development plat and the address plat.

(h)

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

(i)

Recordation procedure.

(1)

The applicant shall amend the minor development plat in accordance with the Town Council approval, if necessary.

(2)

Within ninety (90) days of approval of the minor development plat, unless stated otherwise in such approval, the applicant shall submit: two (2) photographic Mylar copies (Fix-line, emulsion down) of the approved minor development plat, amended, if necessary, and ready for recordation (except for Town signatures), all required documentation not previously submitted and all mapping and recordation fees to the Planning Department. The applicant shall also provide appropriate security in accordance with Paragraph 13.07.150(b)(1) of this Chapter to cover the cost of construction of the public improvements in accordance with the requirements of the subdivision agreement.

(3)

Within thirty (30) days of receipt of the minor development plat and all required documents, including appropriate security as described herein, the staff planner shall obtain all Town signatures, as required, and record the minor development plat and all related documents.

(j)

Expiration of approval.

(1)

Failure by the applicant to submit all required documentation, including applicable security, within ninety (90) days shall render approval of the minor development plat null and void and result in the necessity for the resubmittal of a minor development plat, along with all required fees and documentation.

(2)

The Planning Director may grant no more than one (1) extension of time, of no more than thirty (30) days, upon a written request by the applicant or staff for good cause being shown.

(3)

An extension request, received prior to the expiration of the ninety-day submittal period, 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 in the Town Master Plan or this Title that have occurred since approval of the plat as these changes affect the plat and the anticipated time schedule for completing the platting process. A fee schedule is available from the Planning Department. Additional review of the plat may occur resulting in additional conditions as applicable.

(Ord. 3.327 §8, 2017; Ord. 1.467 §§32, 33, 2015; Ord. 3.147 §2, 2000; Ord. 3.01.13 §6, 1997; Ord. 3.01.7 §18, 1995; PLDO Art. VII §8)