This article establishes the specific review criteria for development
requests that shall be used by the Planning Director, DRT, Planning
Commission and City Council in their review and decision making of
development requests.
An approved or conditionally approved site plan shall be required
for all development(s) of property or alteration or addition to existing
structures prior to issuance of a building permit, except as follows:
A.
Changes to the interior of an existing structure may be made without
any prior site plan approval under this chapter.
B.
Facade changes, as defined by the latest adopted edition of the Uniform
Building Code, either through architectural or material means, may
be made without any prior site plan approval under this chapter, except
if the building or structure is located in an historical site district.
C.
The construction of an open sun screen which complies with the site
development requirements of this chapter and all other applicable
rules and regulations of the City of Española may be made without
any prior site plan approval.
A.
Applicants for new construction of individual buildings or additions
shall receive Planning Commission approval of a development plan prior
to issuance of a building permit in the following circumstances:
(1)
Any new commercial development.
(2)
Any application for subdivision into three or more lots for
residential or commercial use.
(3)
Any expansion of a use on an existing site for which there has
never been an approved development plan.
(4)
Any change of use for an existing site with or without an approved
development plan.
(5)
Any expansion of more than 2,000 square feet of gross floor
area and/or land use area for an existing site with an approved development
plan.
B.
For the purpose of this section, "development plan" means a plan
drawn to scale, certified by an engineer and/or architect, showing
the locations of existing and new structures; location map, lot coverage,
height and gross floor area of structure; lot area; the placement
and arrangement of buildings; and the uses to be included; topography,
on-site drainage, retention and detention areas, drainage flow, proposed
lighting of the premises; internal vehicular and pedestrian circulation;
vehicular and pedestrian ingress and egress from adjoining streets;
recorded and proposed easements; location of off-street parking and
loading facilities; any significant natural features, including drainage
and vegetation; location and type of landscaping; and the type of
visual screening such as walls, fences and landscaping. If it is proposed
to develop the plan in phases, the phases of development shall be
indicated along with any other information requested by the Planning
Staff, DRT, or Planning Commission.
C.
During the course of its review of any development plan, the DRT
shall utilize the following criteria in formulating a recommendation
to the Planning Commission. The Planning Commission shall utilize
the following criteria in making its determination of approval, conditional
approval or denial:
(1)
The development plan shall substantially conform to the Comprehensive
Plan and shall not be materially detrimental to the health, safety
and general welfare of the citizens of Española.
(2)
Ingress, egress, traffic circulation and parking on the site
shall be accomplished with safety for motorists, bicyclists and pedestrians.
Provisions shall be made for the safe ingress, egress and circulation
of vehicles, bicyclists and pedestrians.
(3)
The necessary provisions shall be made for controlling stormwater
drainage on-site and off-site consistent with the City of Española
Design Guidelines.
(4)
The necessary easements shall be provided for ingress, egress,
access, and all required amenities, including also existing and proposed
utilities, on-site and off-site. No existing easement shall be vacated
or relocated without provision for a suitable alternate, and all new
easements shall be provided as necessary.
(5)
The site plan shall include a landscape plan that will enhance
the site and immediate vicinity. The landscape plan shall conform
to the requirements set forth in §§ 1304 and 1305.
(6)
The proposed on-site improvements shall preserve, to the extent
practical, outstanding topographical features and natural amenities
on the site.
(7)
In areas located within the same zoning district having different
uses, appropriate screening and/or buffering shall be provided between
properties; to be designed, built and paid for by the more intense
use, provided that the more intense use was the most recent developed.
D.
For development plans involving more than two lots for single-family
dwellings, the following additional provisions shall apply:
(1)
Parking lots, outside storage areas, outside mechanical equipment
and outdoor lighting shall be designed to serve the intended use of
the development while minimizing adverse impacts on adjacent properties
or public rights-of-way.
(2)
The capacity of those public services and facilities required
to serve the proposed development (including but not limited to water,
sanitary sewer, electricity, gas, storm sewer, streets, etc.) shall
conform with, or if improvements are required, shall be made to conform
with, the requirements of the City of Española Design Guidelines.
(3)
Provisions shall be made to serve the development with tot lots
and/or neighborhood parks in accordance with the adopted Comprehensive
Plan.
(4)
In all R-1 and R-2 Districts, provisions shall be considered
for the incorporation of or exclusion of recreational vehicle parking
and storage.
(5)
Adequate screening and buffering, if appropriate, shall be provided
between properties. Prior to the issuance of a building permit, the
Planning Director shall review and approve the landscape plan.
A.
A request for amendment to the Comprehensive Plan shall, if necessary,
be submitted, processed, heard and decided upon concurrently with
the request for amendment to the Official Zoning Map.
B.
During the course of the review of any request for an amendment to
the Official Zoning Map, the DRT shall utilize the following criteria
in formulating a recommendation to the Planning Commission. The Planning
Commission shall make findings as to whether or not the proposal meets
the following criteria and shall make a recommendation for approval,
conditional approval or denial to the City Council. The City Council
shall make findings as to whether or not the proposal meets the following
criteria at the time of its approval, conditional approval or denial:
(1)
The request substantially conforms to the Comprehensive Plan
and is not materially detrimental to the health, safety and general
welfare of the citizens of Española.
(2)
The requested zoning shall be reviewed considering the available
development potential in the proposed district.
(3)
Consideration shall be given to the existing and programmed
capacity of on-site and off-site public services and facilities, including,
but not limited to, water, sanitary sewer, electricity, gas, storm
sewer, streets, sidewalks, traffic control, parks, fire and police
to adequately serve the property should a rezoning result in any increase
of the intensity of use of the property.
(4)
The establishment, maintenance or operation of uses applied
for will not, under the circumstances of the particular case, be detrimental
to the health, safety or general welfare of persons residing or working
adjacent to or within the proximity of the subject property.
A.
The DRT shall utilize the following criteria in formulating a recommendation
to the Planning Commission, and the Planning Commission shall utilize
the following criteria in making its determination of approval, conditional
approval or denial:
(1)
The request substantially conforms to the Comprehensive Plan,
and the establishment, maintenance or operation of the use applied
for will not, under the circumstances of the particular case, be detrimental
to the health, safety, peace, comfort or general welfare of persons
residing or working in the vicinity of such proposed use, or be detrimental
or injurious to property or to the value of property in the vicinity,
or to the general welfare of the citizens of Española.
(2)
There are sufficient parking facilities that are adequately designed, shielded, landscaped and lighted to serve the use applied for based on the requirements of this chapter as found in Article VIII of this chapter.
(3)
The provisions for on-site and off-site ingress/egress and traffic
circulation are in conformance with the City of Española Design
Guidelines, the public streets serving the use applied for are adequate
to meet the traffic needs of the proposed use, and the proposed use
will not adversely affect neighboring properties by virtue of the
type of traffic generated by the use.
(4)
The setbacks of buildings and parking facilities from the property
lines, right-of-way, and adjacent land uses are in conformance with
this chapter and provide protection to and a transition from residential
development, existing and contemplated, in the vicinity; and the height
and bulk of the proposed buildings and structures are compatible with
the general character of development in the vicinity of the use applied
for.
(5)
The site plan, including, but not limited to, landscaping, screen
planting, and fencing of the proposed development, demonstrates that
the site development will be compatible with adjoining areas and will
conform to the site development standards of the district regulations.
B.
The Planning Commission shall prescribe the point in time at which
the special use is to begin, not to exceed 90 days from the meeting
date, and the point in time when the special use shall expire, not
to exceed five years.
C.
Failure to begin or complete any required action authorized at the
time of granting the special use shall void the special use.
D.
Special use permits are not transferable, and a transfer of the land
ownership shall invalidate the special use.
A.
During the course of review of any variance request, the Planning
Commission shall determine whether all of the requirement in this
section have been met and shall make a determination of approval,
conditional approval or denial:
(1)
The practical difficulty or unnecessary hardship is inherent
to the lot and is peculiar because of the size, shape, topography
or some other characteristic of the lot which differentiates it from
other lots in the vicinity or in the district. The hardship created
is not self-imposed.
(2)
The practical difficulty or hardship created is caused by a
strict interpretation of the provisions of this chapter, is not self-imposed
and is not generally shared by other lots in the vicinity or the district.
(3)
The granting of the requested variance is necessary for the
preservation and enjoyment of a substantial property right of the
applicant which is possessed by other owners in the vicinity.
(4)
The granting of the variance sought will not be contrary to
the purpose or intent of this chapter, or injurious to property within
100 feet or otherwise detrimental to the general health, safety, or
general welfare of the community.
B.
Should any request for variance not meet all four of the above-listed
criteria, the Planning Commission shall deny the request.
A.
A request for amendment to the Comprehensive Plan shall, if necessary,
be submitted concurrently with the request for amendment to the text
of this chapter.
B.
When reviewing a request for amendment to the text of this chapter,
the DRT shall utilize the following criteria in formulating a recommendation
to the Planning Commission. The Planning Commission shall utilize
the following criteria in making its recommendation to the City Council.
The City Council shall utilize the following criteria in making its
determination of approval or denial:
During the course of the review of any request for a determination
of uses or for addition, deletion or change in category of uses which
may be allowed in any zoning district, the DRT shall utilize the following
criteria in formulating a recommendation to the Planning Commission.
The Planning Commission shall utilize the following criteria in making
its recommendation of approval, conditional approval or denial to
the City Council, and the City Council shall utilize the following
criteria in making a determination of approval or denial:
A.
The proposed change will not result in land use inconsistent with
the purpose of the district.
B.
The proposed change will not permit the establishment of a use incompatible
with a use allowed in the district.
C.
The proposed change substantially conforms to the Comprehensive Plan.
D.
The proposed use is not materially detrimental to the health, safety
and general welfare of the citizens of Española.
