Land use application process

The purpose of the concept plan review is to provide an opportunity for an applicant to solicit comments from the City Council in the early stages of the development review process on relevant plans, policies and ordinances related to the proposal. Comments on a concept plan are not binding and are meant to inform any subsequent land use application. A concept plan review shall not relieve an applicant of the burden to seek and obtain all necessary approvals under the Louisville municipal code.

Submittal Requirements

1. Land Use Application
2. Written consent of the owners of all property included in the development
3. A written description of the proposal, including how the proposed development meets applicable plans, policies and ordinances, and addresses the following as applicable:
   1. Description of any waivers sought to adopted development standards
   2. How the development meets applicable public land dedication requirements
   3. Proposed land uses, residential housing type mix, sizes, anticipated sales prices, percentage and type of affordable unit
4. A vicinity map, drawn to scale, showing the site and surrounding area not less than a 300-foot radius around the site, including surrounding zoning, buildings, parking areas, streets, sidewalks, trails and other transportation connections, parks, public areas, and open spaces
5. A scaled and dimensioned schematic site plan that includes the following as applicable: 
   1.  Property boundaries
   2. Access points and circulation patterns for all modes of transportation, including connections to surrounding transportation infrastructure
   3. Proposed land uses and approximate location of buildings, including anticipated number of units or building area
   4. Location of major site elements such as natural features, watercourses, wetlands, trees, slopes, and floodplains
   5. Site data such as building and landscape coverage, residential density, parking ratios, and building size
6. Architectural character sketches showing building elevations and materials, as relevant
7. Any additional information determined by the City Manager as necessary to assess the proposal against applicable plans, policies and ordinance

Submit all information as separate PDFs to Planning

Process

1. Once an application is received and deemed complete, it will be processed consistent with the public hearing development review schedule
2. Prior to public hearings, a public notice will be mailed to property owners and businesses within 750 feet
3. A sign will be posted on the property, and a public notice will be posted at the City's designated public notice locations and published in the Daily Camera
4. Comments will be provided by City Council at a public hearing. The concept plan does not go to the Planning Commission for recommendation. 

All property zoned in the Planned Community Zone District requires a General Development Plan subject to Chapter 17.72 to establish parameters and standards for the development of the property, including:

• The proposed use of all lands within the subject property
• The type or character of development and number of dwelling units per gross acre
• The proposed location of school sites, parks, open spaces, recreation facilities and other public and quasi public facilities
• The proposed location of all streets

Prior to submitting an application for a GDP or GDP Amendment, a pre-application conference is required.

Submittal Requirements

1. Land Use Application
2. Written authorization from the property owner, if not the applicant
3. Written narrative addressing the intent of the development
4. Current (dated within 30 days of application date) title policy or title insurance commitment 
5. GDP Plan Sheets, which may include:
   1. Cover sheet
   2. Development plan
   3. Landscape standards
   4. Architectural standards
   5. Photometric standards
   6. Any other plan sheets as necessary
6. Any other items determined necessary to adequately review the application

Submit all information by appointment as separate PDFs to Planning. 

Process

1. Once an application is received and deemed complete, it will be processed consistent with the public hearing development review schedule. 
2. Prior to public hearings, a public notice will be mailed to property owners and businesses within 750 feet. 
3. A sign will be posted on the property, and a public notice will be posted at the City's designated public notice locations and published in the Daily Camera.
4. The final decision is made by City Council, following a recommendation from Planning Commission. 

All development in Louisville, with the exception of residential development up to 6 units and less than an acre, requires approval of a PUD. A PUD establishes the site plan, landscaping plan, drainage, grading, utilities, lighting and architecture, with development subject to Sec. 17.28.120 and the applicable design guidelines. 

 Prior to submitting an application for a PUD, a pre-application conference is required.

Submittal Requirements

1. Land Use Application
2. Written authorization from the property owner, if not the applicant
3. Written request addressing:
   1. A description of the PUD request, including the intent of the development
   2. A description of each waiver request, subject to the criteria in Sec. 17.28.110
4. Current (dated within 30 days of application date) title policy or title insurance commitment 
5. PUD Plan Sheets (three copies):
   1. Cover sheet
   2. Development plan
   3. Utility plan
   4. Grading and drainage plan
   5. Landscape plan
   6. Architectural elevations
   7. Photometric plan and fixture cut sheets
   8. Floor plan delineating tenant space, if required
   9. Any other plan sheets as necessary
6. Material and sample board
7. Any other items determined necessary to adequately review the application

Submit all information by appointment as separate PDFs to the Planning Department. 

It is possible to process other required applications, such as a SRU or Plat, concurrently. Planning will determine if this is possible.

Process

1. Once an application is received and deemed complete, it will be processed consistent with the public hearing development review schedule. 
2. Prior to public hearings, a public notice will be mailed to property owners and businesses within 750 feet. 
3. A sign will be posted on the property, and a public notice will be posted at the City's designated public notice locations and published in the Daily Camera.
4. The final decision is made by City Council, following a recommendation from Planning Commission. 

All development in Louisville, with the exception of residential development up to 6 units and less than an acre, requires approval of a PUD. A PUD establishes the site plan, landscaping plan, drainage, grading, utilities, lighting and architecture, with development subject to Sec. 17.28.120 and the applicable design guidelines. 

Submittal Requirements

1. Land Use Application
2. Written authorization from the property owner, if not the applicant
3. Written narrative addressing the intent of the development
4. Current (dated within 30 days of application date) title policy or title insurance commitment
5. PUD Plan Sheets subject to the amendment changes
6. Any other items determined necessary to adequately review the application, which could include a material and sample board, drainage report, traffic report, etc.

Submit all information as separate PDFs to Planning. 

It is possible to process other required applications, such as a SRU or Plat, concurrently. Planning will determine if this is possible.

Process

1. Once an application is received and deemed complete, it will be processed consistent with the public hearing development review schedule. 
2. Prior to public hearings, a public notice will be mailed to property owners and businesses within 750 feet. 
3. A sign will be posted on the property, and a public notice will be posted at the City's designated public notice locations and published in the Daily Camera.
4. The final decision is made by City Council, following a recommendation from Planning Commission.  

Some uses of property are considered "by-right," and others require additional review to determine if they are appropriate for a particular site.

Please consult Planning to discuss if a special review use is required.

Submittal Requirements

1. Land Use Application
2. Written authorization from the property owner, if not the applicant
3. Written request addressing:
   1. A description of the SRU request, including but not limited to the type of business, hours of operation, expected parking needs, etc.   
   2. A response to each of the criteria and conditions for approval
4. A to-scale site plan showing the following as applicable: The location of the business if in a multi-tenant building, any areas of outdoor uses, the location of buildings and structures, off-street parking and loading areas, service and refuse areas, lighting location and details, means of egress and ingress, major landscaping or screening proposals, signs, and pedestrian areas
5. A floor plan and/or site plan of the business showing the location of all associated uses (office, school, warehouse, retail, outdoor seating, etc.)
6. Any other items determined necessary to adequately review the application

Submit all information as separate PDFs to Planning. 

It is possible to process other required applications, such as a PUD or Plat, concurrently. Planning  will determine if this is possible.

Process

1. Once an application is received and deemed complete, it will be processed consistent with the public hearing development review schedule. 
2. Prior to public hearings, a public notice will be mailed to property owners and businesses within 750 feet. 
3. A sign will be posted on the property, and a public notice will be posted at the City's designated public notice locations and published in the Daily Camera.
4. The final decision is made by City Council, following a recommendation from Planning Commission.  

Criteria

In order to approve a special review use, the following criteria in Section 17.40.100 must be met:

1. The proposed use is consistent in all respects with the spirit and intent of the comprehensive plan and of this chapter, and that it would not be contrary to the general welfare and economic prosperity of the city or the immediate neighborhood;
2. That such use/development will lend economic stability, compatible with the character of the surrounding established areas;
3. That the use/development is adequate for the internal efficiency of the proposal, considering the functions of the residents, recreation, public access, safety and such factors including circulation, storm drainage facilities, sewage and water facilities, grades, dust control and such other factors directly related to public health and convenience;
4. That the external effects of the proposal are controlled, considering compatibility of land use; movement or congestion of traffic services, including arrangement of signs and lighting devices as to prevent the occurrence of nuisances; landscaping and other similar features to prevent littering or accumulation of trash, together with other factors deemed to effect public health, welfare, safety and convenience;
5. That an adequate amount and proper location of pedestrian walks, malls and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities

In addition to meeting all other criteria for special review uses, administrative approval may be considered for applications that meet both of the following:

• Properties not contiguous to any residentially zoned property.  Public right-of-way and private streets or alleys will not be considered with determining contiguity. View the city's zoning map.
• New building construction associated with the Special Review use, whether for a new building or for an addition to or expansion of an existing building, does not exceed 200 square feet.

Submittal Requirements

1. Land Use Application
2. Written authorization from the property owner, if not the applicant
3. Written request addressing:
   1. A description of the SRU request, including but not limited to the type of business, hours of operation, expected parking needs, etc.   
   2. A response to each of the criteria and conditions for approval
4. A to-scale site plan showing the following as applicable: The location of the business if in a multi-tenant building, any areas of outdoor uses, the location of buildings and structures, off-street parking and loading areas, service and refuse areas, lighting location and details, means of egress and ingress, major landscaping or screening proposals, signs, and pedestrian areas
5. A floor plan and/or site plan of the business showing the location of all associated uses (office, school, warehouse, retail, outdoor seating, etc.)
6. Any other items determined necessary to adequately review the application

Submit application documents via email to Planning at planning@louisvilleco.gov. Files should be attached as separate PDFs. 

Process

1. Once an application is received and deemed complete, staff will prepare the application for the 15-day public noticing period. This notice gives the public the opportunity to submit comments on the application. 
   • A public notice will be mailed to property owners and businesses within 750 feet
   • Notice sign(s) will be posted on the property
   • A public notice will be posted at the City's designated public notice locations and published on the upcoming Sunday in the Daily Camera
2. Comments from the public will be accepted for 15 days from the date of public notice.
3. If a valid objection is not received and the application meets the approval criteria, the Director of Planning and Building Safety may approve the application. 
4. If a valid objection is received, or the application does not meet the criteria, the application will be processed through the Special Review Use - Public Hearing procedures.
5. Planning will issue written comments and/or a determination within 21 days of a receipt of a complete application.

Criteria

In order to approve an administrative special review use, the Director of Community Development must find that all of the criteria in Section 17.40.105 are met:

1. The property upon which the proposed use is located in not contiguous to any residentially zoned property.  Public right-of-way and private streets or alleys will not be considered when determining contiguity;
2. New building construction associated with the proposed special review use, whether for a new building or an addition to or expansion of an existing building, does not exceed 200 square feet;
3. The proposed use is consistent in all respects with the spirit and intent of the comprehensive plan and of this chapter, and is not contrary to the general welfare and economic prosperity of the city or the immediate neighborhood;
4. That such use/development will lend economic stability, compatible with the character of the surrounding established areas;
5. That the use/development is adequate for the internal efficiency of the proposal, considering the functions of the residents, recreation, public access, safety and such factors including circulation, storm drainage facilities, solid waste, sewage and water facilities, grades, dust control and such other factors directly related to public health and convenience;
6. That the external effects of the proposal are controlled, considering compatibility of land use; safe and efficient movement of vehicles, bicycles, and pedestrians; services, including arrangement of signs and lighting devices as to prevent the occurrence of nuisances; landscaping and other similar features to prevent the littering and accumulation of trash, together with other factors deemed to effect public health, welfare, safety and convenience;
7. That the proposed use does not include limited wholesale sales as defined in section 17.08.262

A subdivision plat is the means by which property is divided or combined for the purposes of sale or building development.  Planning will provide direction on the type of subdivision plat required (Preliminary, final, or minor subdivision plat).

 Prior to submitting an application for a plat, a pre-application conference is required.

Submittal Requirements

1. Land Use Application
2. Written authorization from the property owner(s), if not the applicant
3. Written request addressing:
   1. A description of the Plat request, including the intent of the development
   2. A description of each modification request, subject to the criteria in Sec. 16.24 of the Municipal Code
4. Current (dated within 30 days of application date) title policy or title insurance commitment 
5. Plat Sheets, prepared by a surveyor licensed in the State of Colorado
6. Public land dedication proposal (if applicable)
7. Any other items determined necessary to adequately review the application

Submit all information as separate PDFs to the Planning Department. 

It is possible to process other related applications, such as a SRU or PUD, concurrently. Planning will determine if this is possible.

Process

1. Once an application is received and deemed complete, it will be processed consistent with the public hearing development review schedule. 
2. Prior to public hearings, a public notice will be mailed to property owners and businesses within 750 feet. 
3. A sign will be posted on the property, and a public notice will be posted at the City's designated public notice locations and published in the Daily Camera.
4. The final decision is made by City Council, following a recommendation from Planning Commission.  

What Qualifies as a Minor Impact Variance?

Up to 10% deviation of measurable yard and bulk requirements, including:

1. Minimum lot area
2. Minimum lot width
3. Maximum lot coverage
4. Maximum floor area
5. Primary and accessory building setbacks
6. Primary and accessory building heights
7. Minimum building coverage
8. Street frontages
9. Parking ratios
10. Vehicle access spacing requirements
11. Fence and wall heights
12. Other measurable standards as interpreted by the zoning administrator

Submittal Requirements

1. Land Use Application
2. Written authorization from the property owner, if not the applicant
3. Written request addressing:
   • A description of the variance request
   • A response to each of the criteria listed below
4. A to-scale site plan showing the property lines and all existing and proposed structures. All site plans must be based on an accurate survey
5. Building elevations
6. Written authorization providing consent from adjacent property owners, OR stamped envelopes addressed to all adjacent property owners.  Adjacent includes properties to the rear and across the street. 

Submit application documents via email to Planning at planning@louisvilleco.gov. Files should be attached as separate PDFs. 

Process

1. If the applicant can demonstrate with written authorization that all adjacent property owners consent to the granting of the variance, then no public notice shall be required. 
2. If the applicant cannot provide these written authorizations, then public notice shall consist of posting a sign on the property, mailing notice to adjacent property owners, and posting the notice at the designated City locations. 
3. Staff will coordinate these with the applicant. Comments from the public will be accepted for 10 days from the date of public notice. 
4. If a valid objection is received within 10 days, the request will then be considered by the Board of Adjustment. A valid objection is one demonstrating a reasonable likelihood that the application cannot satisfy one or more of the criteria below. 

Criteria

In order to approve a minor impact variance, the Director of Planning and Building Safety must find that all of the criteria are met:

1. That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property;
2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located;
3. That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this title;
4. That such unnecessary hardship has not been created by the applicant;
5. That the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property;
6. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the p

Submittal Requirements

1. Land Use Application
2. Written authorization from the property owner, if not the applicant
3. Written request addressing:
   • A description of the variance request
   • A response to each of the criteria listed below
4. A to-scale site plan showing the property lines and all existing and proposed structures. All site plans must be based on an accurate survey.
5. Building elevations

Process

1. Once an application is received and deemed complete, staff will begin review and will post the application on the city's website.

2. Board of Adjustment hearings are held on the third Wednesday of each month. 

3. Prior to the public hearing, proper public notice must occur. This includes a mailing to the property owners within 500 feet, a notice sign posted on the property, and notice provided at the designated City locations. Staff will coordinate these with the applicant.

4. Comments from the public will be accepted prior to the public hearing and the variance request will be presented to the Board of Adjustment for determination.

Criteria

In order to approve a variance, the Board of Adjustment must find that all of the criteria are met:

1. That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property;
2. That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located;
3. That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this title;
4. That such unnecessary hardship has not been created by the applicant;
5. That the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property;
6. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions on this title which are in question.

Submittal Requirements

Eligible Facilities Request:

1. Land Use Application 
2. Written authorization from the property owner, if not the applicant
3. Scaled site plans, scaled elevations, and other supporting documentation sufficient to demonstrate that the facilities meet the eligible facilities request requirements in Chapter 17.42 of the Municipal Code.

All Other Wireless Facilities not in Right-of-Way:

1. Land Use Application
2. Written authorization from the property owner, if not the applicant
3. Signal interference letter
4. Radio frequency emissions letter
5. Scaled site plan
6. Photo simulations
7. Scaled elevations
8. Other supporting documentation, including location and dimension of all improvements, including topography, radio frequency coverage, tower heights, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage, and other information deemed necessary by the City to assess compliance with Chapter 17.42 of the Municipal Code.

Small Cell Facilities in the Right-of-Way:

1. Land Use Application
2. Written authorization from the property owner, if not the applicant
3. Scaled site plans, scaled elevations, and other supporting documentation sufficient to demonstrate that the facilities meet the requirements of Chapter 17.42 of the Municipal Code.