SUMMARY OF THE DEVELOPMENT PROCESS

This summary has been prepared to provide a source of information for builders, contractors, developers and residents about City procedures for development of property under the City's Development Code.

The time spent reviewing the summary and related materials for specific applications will help you fulfill all of the requirements for your development proposal.

In adopting the Development Code, the City has compiled the zoning, subdivision, landscape, floodplain, environmental performance, sign and urban design regulations into one chapter, with all of the procedural and processing requirements in one place.

A planner in the City Development Department will provide additional information and help you become familiar with the Development Code and the various processing procedures. Please call 303-538-7295 for assistance.

The summary and the specific application sheets for your proposal are meant to be used in conjunction with the Development Code (Chapter 18 of the Thornton City Code), as a parallel source of information. If there are inconsistencies or conflicts that arise or are implied, then Chapter 18 controls.

All applications to develop land within the City of Thornton typically require 1) appropriate zoning to allow the proposed use or uses; 2) an approved Conceptual Site Plan; 3) an approved and recorded Subdivision Plat; and 4) a Development Permit approved prior to any issuance of building permits. For residential development, architectural reviews and permit allocations are also required.

If your property is not within the City, but at least 1/6 of the perimeter is contiguous with the City, you may apply for annexation. City services such as sewer and water are only available to properties within the City of Thornton.

The design review process is a part of the Development Permit process and is applied to all new construction prior to the issuance of a building permit to start construction. The Development Permits and Appeals Board is the design review authority, and performs design review at public hearings concurrent with consideration of the Development Permit. Article IV of the Development Code contains the design review criteria used by the Development Permits and Appeals Board. This review is for architectural and aesthetic purposes only, and is not a review of construction documents otherwise reviewed by the building official.

The architectural review and allocation process for residential development is a separate, administrative process and is applied to all new non-exempt residential construction prior to the issuance of building permits. Article IV of the Development Code contains the design review criteria used by the staff. This review is also for architectural and aesthetic purposes only, and is not a review of construction documents otherwise reviewed by the building official.

Meeting City requirements for land development in Thornton requires an understanding of four elements. These are: zoning, conceptual planning, subdividing (also called platting), and development permitting. Zoning determines allowable land use. Conceptual site planning establishes a concept for development of the property. Subdividing establishes legal building sites. Development permitting establishes that the site plan, architecture, landscaping, and certain other development aspects meet all City Codes. Each element is discussed in more detail in the following pages.

ZONING

Section 18-230 of the Development Code contains a use chart that lists all of the land uses allowed within the City of Thornton's 16 zoning districts.

The land uses are identified on the chart as:

R - A use-by-right, a use permitted within the listed zoning district and not requiring special review other than a Development Permit;

L - A limited use, a use permitted within the listed zoning district and not requiring special review other than a Development Permit;

S - A use permitted only by specific use permit within a zoning district, and subject to review and approval by the Development Permits and Appeals Board concurrent with the Development Permit.

T - A use permitted only for a specific time period such as seasonal sales or during construction of permanent buildings on property.

If a use is not listed within a specific zoning district, then the proposed use is not allowed.

Sections 18-186 through 18-201 of the Development Code give descriptions of the requirements for the zoning district and list the uses allowed in each district. If there is a conflict between the use chart in Section 18-230 and Sections 18-186 through 18-201, then Sections 18-186 through 18-201 control.

CONCEPTUAL SITE PLANS

The Conceptual Site Plan Review Process was recently created to streamline the initial review of a land use proposal to the City of Thornton. Once approved, a Conceptual Site Plan establishes the framework for development on a site. It also allows for the City and the Applicant to create unique criteria for development on a specific property.

Conceptual Site Plan review and approval is required prior to or concurrent with the approval of zoning or rezoning or prior to application for a Subdivision Plat. The approved Conceptual Site Plan is valid for a period of three years after City Council action.

The review and approval of the Conceptual Site Plan is to ensure:

1. Compliance with zoning and other development regulations of the City;

2. Establishing performance criteria and standards adopted by the City Council; and achieving quality development on the ground through the review and use of a Conceptual Site Plan that will represent the actual development to occur on the site.

SUBDIVISION PLATS

A Subdivision Plat is a legal document that describes a tract/parcel of land by bearing and distances, locates and defines easements, and dedicates the necessary rights-of-way for streets and easements for utilities. A Subdivision Plat must conform to the City’s subdivision regulations and Title 38, Article 51 of Colorado revised statutes. A Subdivision Plat is recorded with the County Clerk and Recorder.

Although there are some exceptions, most lands within the City of Thornton are required to be subdivided. A Subdivision Plat, recorded with the Adams County Clerk and Recorder, is usually necessary prior to or concurrent with approval of a Development Permit. Similarly, building permits cannot typically be issued for any new building construction or for building additions until the Subdivision Plat is recorded. Related public improvements must be in place or promised to be in place with a developer's agreement prior to recordation of the subdivision.

If the lands have not been previously subdivided, application must be made for a Subdivision Plat. A Subdivision Plat is reviewed administratively by the City Development Department.

An approved Subdivision Plat is valid for 3 years, during which time a Developer’s Agreement must be drafted to ensure completion of public improvements. Once the Developer’s Agreement and Subdivision Plat are finalized they are recorded with the County Clerk and Recorder.

If the land proposed for development has been previously subdivided, the subdivision has been recorded, the dwelling unit density is not being increased, and no dedication or vacation of land is required, then application can be made for a Subdivision Plat Amendment. A Subdivision Plat Amendment is approved administratively, not requiring public hearings.

DEVELOPMENT PERMIT

A Development Permit is a review of the site plan, landscape plan and architectural design that ensures compliance with the zoning and design sections of the Development Code.

A Development Permit is required before a building permit can be issued for any new construction or most renovation of buildings, with some limited exceptions.

The exceptions include buildings or additions with an area less than 480 square feet, manufactured homes located in the Manufactured Home zoning district, retaining walls under 4 feet in height, swimming pools, decks, fences, flagpoles or paving that does not change the non-permeable coverage of a site by more than 5 percent.

Otherwise, a Development Permit is required before a building permit can be issued that significantly changes the size, height, floor area, building materials, or architectural character of any existing building.

Development Permits are approved by the Development Permits and Appeals Board, without review by the City Council, except under appeal. A Development Permit is valid for 3 years and construction must begin within that time period, or the permit becomes invalid.

With only very limited exceptions outlined in Chapter 18, land must be subdivided prior to granting a Development Permit. When the lands proposed for development are not already subdivided, the applicant for a Development Permit can apply for a Development Permit and Subdivision Plat concurrently.

BUILDING PERMIT ALLOCATIONS

The Growth Pacing Ordinance was passed by City Council on October 25, 1999 to control the rate of future residential development in the City of Thornton. The ordinance creates what is termed, "Allocations," which are required to be obtained prior to applying for building permits.

The Pacing Ordinance limits Allocations to set amounts per year as set by City Council. City Council will decide each year, at a public hearing by Dec. 15^th, what the following year’s limits will be.

Allocations are classified into four different categories: Single-Family, Multifamily, Medium Density, Manufactured Housing, and Housing Mix. Single Family Residential Allocations are limited to 120 Allocations per builder per subdivision phase per year. If a builder has two subdivision phases, they can apply for 240 Allocations per year. There cannot be more than 60 Allocations requested in any given quarter. All builders combined cannot exceed the quarterly total of Single Family Allocations available. If the requests from builders outnumber the Allocations available, the builders get their fair share of the total Allocations available, not to exceed the total available. If there are more Allocations per quarter than requested by all the builders, the Allocations roll over into the next quarter, but not the next year.

The Ordinance exempted several kinds of development. Those that are exempt from the ordinance can continue to develop at an unrestricted rate. A custom single family home being built for one owner is exempt from the Pacing Ordinance, as is any remodeling on an existing home. The Pacing Ordinance exempted subdivisions that have received approval prior to its adoption. Projects that are determined to be of "Special Merit" by City Council at a public hearing are also exempt.

ARCHITECTURAL REVIEW

The Architectural Review Design Guidelines passed by City Council on October 25, 1999 control the design of future residential development in the City of Thornton. The standards require all subdivisions to provide a variety of different homes styles and materials.

All residential developments (single-family homes, townhomes, and apartments) are covered by the ordinance. Builders of entire subdivisions as well as the builders of a single home need administrative approval from the Planning Department prior to obtaining a building permit. Single-family homes and duplexes must meet a minimum standard in six different areas of the home’s design. Those areas are intended to provide flexibility of design, but also encourage more-neighborhood friendly architecture.

Front facades of each home must vary from model to model. A percentage must meet masonry requirements and covered front porch requirements. Corner lots must meet additional standards that address the street facing side as well as the front facade. All corner lots must meet strict masonry requirements.

Windows and doors must be clad in masonry or 4" wide trim. Windows must meet standards for size, design and construction while doors must emphasize the front entrance if not opening to a covered front porch. Roof color, pitch, overhangs, as well as materials are regulated. The rooftop regulations address the location as well as the color of rooftop equipment.

Carports are no longer allowed on single-family detached homes. Garages must meet both design and material standards that will integrate the garage into both the house and the neighborhood.

Homes that back onto public streets and landscape areas are required to meet height requirements depending on the grade of the property.

Every home must provide a minimum of four quality enhancements from a list of twelve. Those quality enhancements include front yard irrigation, house size, additional masonry, and garage door windows.

Architectural review for multi-family buildings (apartments and condominiums) is conducted in conjunction with the Development Permit.

MINOR DEVELOPMENT PERMIT

A Minor Development Permit Process exists and can be used if:

1. The application is for a Temporary Use Permit (TUP).
2. The application is for new construction that does not exceed 600 square feet of building area, or 20 percent of existing floor area, whichever is less; and
1. Does not change the essential character of the existing development on the site; and
2. Does not involve a change in use that would require a Specific Use Permit (SUP).
3. The application is for renovation of an existing building under 5,000 square feet or of a site under 20,000 square feet that:
1. Does not change the essential character of the existing development;
2. Does not increase the building height, floor area, or non-permeable coverage by more than 20 percent; and
3. Does not involve a change in use that would require a Specific Use Permit (SUP).
4. The application is for renovation of a building which is located in an area of the site that is not now, and in the foreseeable future will not be, visible by the general public.

A Minor Development Permit is approved by the Director after review of all of the materials and the application form. The approval or denial of a Minor Development Permit by the Director, with or without conditions, can be appealed to the Development Permits and Appeals Board.