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CHAPTER 12
SUBDIVISION REGULATIONS

ARTICLE 6
VARIANCES

Section 12-6-1. Unusual Conditions. The City Council, upon advice of the Planning Commission, may authorize variances from these regulations in cases where, due to exceptional topographical conditions or other conditions peculiar to the site, an unnecessary hardship is placed on the subdivider. Such variances shall not be granted if it would be detrimental to the public good or impair the intent and purposes of this chapter. The variance shall be in keeping with the intent and stated objectives of the Comprehensive Plan of the City.

[Source: Ord. 177, 1972]

Section 12-6-2. Planned Unit Development.

(a)

These regulations may be modified by the Planning Commission and City Council in the case of a planned unit development. The review process for a planned unit development shall be the same as for a preliminary and final plat. A planned unit development may be recorded the same as a subdivision plat.

(b)

Special Requirements.

(1)

The tract or parcel of land to be developed as a planned unit development shall be either in one ownership or the subject of an application filed jointly by the owners of all the property to be included, or by someone legally authorized to sign for all the owners.

(2)

Areas and facilities of joint use shall be retained in title by the developers, or deeded to an organization composed of all home owners in the development or when acceptable, deeded to the City. Open space areas and recreation areas shall be perpetually maintained and the City Attorney shall approve the plan which the developer presents to ensure the intent hereof is carried out.

(3)

All building permits shall be issued only in conformance with an approved planned unit development site plan unless variances from the approved site plan are applied for and granted by the Planning Commission.

(c)

Procedure for plan approval.

A unit development proposal shall be processed in the following manner (which may or may not run concurrently with a rezoning request for a PUD zoning district):

(1)

A pre-application discussion shall be held between the developer and the Department of Community Development and Department of Community Recreation.

(2)

The information as set forth in Section 12-6-2(d) shall be submitted to the Department of Community Development and reviewed in accordance with the subdivision procedures as contained in this chapter.

(3)

Following approval of the City Council, and before a building permit is issued, the unit development plan shall be filed with the City Clerk and the Building Inspection Department.

(4)

A unit development plan may be amended by the addition of adjacent tracts of land (which may be less than two (2) acres in size) or the original design may be amended, provided all procedures followed are the same as those required for initial approval and that the basic concept of the original plan is preserved.

(d)

Information required.

(1)

Fifteen (15) copies of the site plan showing the following:

(A)

All information required on the preliminary plat in Section 12-2-2(c).

(B)

Location and dimensions of all enveloped parcels within which all proposed development shall be constructed.

(C)

Height and gross floor area of proposed buildings unless waived by the Department of Community Development.

(D)

Amount and location of off-street parking.

(E)

Location and orientation of major free-standing lights (not street lights on public right-of-way).

(F)

Proposed curb cuts.

(G)

Sketches of proposed buildings (perspective to establish the character) unless waived by the Department of Community Development.

(H)

General landscaping, fencing, recreation facilities, and usable open space and purpose served - screening, ornamental, recreational, passive, etc.

(I)

Storm drainage plan.

(J)

Circulation plan, vehicular and pedestrian.

(K)

Density - if residential development.

(L)

Legal description.

(M)

Signs (size, location and height).

(N)

Service areas for business, multi-family, or industrial developments.

(O)

Any other information which the applicant feels would aid in the review of the proposal.

(2)

Existing zoning.

(3)

Statement of ownership.

(4)

Time schedule for development.

[Source: Ord. 177, 1972]

Section 12-6-3. Minor Subdivision.

(a)

Where a "minor subdivision" is proposed, the subdivider shall hold conferences relative to the proposed minor subdivision with US West Telephone Company, Public Service Company of Colorado, and representatives of the Department of Community Development of the City of Northglenn.

(b)

Except as provided in (D) below, a minor subdivision plat may be approved administratively in accordance with procedures established by the City Manager or his designee. Administrative approval may include public easements on private property for utilities, access, sidewalks and trails. Except as provided in (d) below, a minor subdivision plat shall include the following information.

(1)

Description, location and dimensions of the tract and all lots within the tract;

(2)

Statement of ownership;

(3)

Approval by the following shall be indicated on the plat:

(A)

Director of Community Development.

(B)

Director of Public Works and Utilities.

(c)

In the event Administrative approval is denied, the subdivider shall have the right to appeal to the Board of Adjustment.

(d)

A minor subdivision plat may not be approved administratively when:

(1)

In the judgement of the City Manager or his designee, Planning Commission and City Council review of a minor subdivision plat is desirable.

(2)

Dedication for public streets, or dedication of easements crossing public land are required; or

(3)

An improvements agreement is required.

In any event described in 1, 2, and 3 above the minor subdivision plat shall include the information set forth in section 12-2-3 (c) of these subdivision regulations and shall be processed in accordance with the procedures set forth in section 12-2-3 (a).

[Source: Ord. 177, 1972; 1196, 1998]