1.14 Conditional Use Review Process

Although each zone district is an attempt to segregate predominant land uses within identified residential, commercial, agricultural, and similar districts, there will be proposals that are generally compatible in land use with other permitted uses in the zone, and if properly and carefully planned, these uses, which are different from the predominant use, or more intensive than permitted uses in the same zone, may become compatible and appropriate for the zone in question. For example, the location and nature of the proposed use, the character of surrounding development, traffic capacities of adjacent and feeder streets, environmental factors such as drainage, erosion, and soil stability, all may dictate circumstances where a more intensive use may or may not be appropriate for the zone. The conditional use procedure is intended to provide greater flexibility in land uses while at the same time, preserving neighborhood character and assuring compatibility between the conditional uses, the uses on adjoining properties, and the Town at large. Development of conditional uses will be subject to review by the Town Staff, the Planning Commission and theTown Council, and may be allowed subject to conditions imposed for the purpose of preserving the character of the zone district, and mitigating potential adverse effects of the conditional use. Where conditions to the use cannot be devised to satisfactorily mitigate adverse effects of the conditional use, the application for a conditional use permit shall be denied. Any land use that is defined in this Code as a conditional use for the zone in which it is proposed shall be reviewed according to the following procedure: 1.14.1 Pre-Application Conference A pre-application conference may, at the request of the Planning Commission , be held with the Town staff or Planning Commission to determine the nature of the use and the general nature of conditions that might be imposed. At the preapplication conference, the Planning Commission or staff and the applicant shall review the application form, the materials and information needed to complete the form, and the procedures used in reviewing the conditional use. 1.14.2 The Application A conditional use application shall be filed on a form prepared by the Town, and shall, if required by the Planning Commission, be supported and accompanied by some or all of the following information (five sets are required): (a) A map of the site showing the existing conditions prior to the demolition of any existing structures and any grading, showing north arrow and scale; (b) A map identifying the subject site in relation to adjoining public streets and the neighborhood in which it is located with north arrow and scale; (c) The boundaries of the site, and any easements of record or known prescriptive easements; (d) Topography with contours shown at intervals of not more than five feet; (e) Vegetation type and location; soil type and load carrying capacity information; (f) 100 year flood plain and high ground water areas, known spring and seep areas and ditches or canals as well as known wetlands; (g) All existing roads, fences, irrigation ditches, and drainage facilities; (h) Location of public utility facilities and easements; (i) Site plan of the proposed conditional use showing building locations; (j) Proposed road locations and other circulation features; (k) Proposed finish grade; (l) Proposed drainage, drainage works, retaining walls, and erosion control plans; (m) Proposed location of all site improvements such as arenas, barns, plazas, tennis courts, pools, and similar improvements; (n) Proposed easements for new utility services or relocated utility services; (o) Proposed landscaping; (p) Designations of proposed ownership of areas shown on site plan as being part of a condominium unit, common area, dedicated open space; (q) Proposed intersections with existing public streets; (r) General architectural concept drawings of proposed buildings; (s) Lighting plans, if any; (t) Signage plans, if any; (u) Proposed location of a common satellite receiving station or other antennae; (v) And any other information as may be useful or necessary for the meaningful review of the project. Additional information may be requested at the pre-application conference or other appropriate time, based on the nature of the project or the site . 1.14.3 Written Statement and other Documentation A written statement with some or all of the following documentation containing and/or explaining the following information may be required: (a) A preliminary title report showing the title to the property, and listing all encumbrances, covenants, easements, and other matters affecting title, and a legal description of the site; (b) Copies of any covenants or easements which are referred to in the title report; (c) A development schedule indicating phased development, if any, and the estimated completion date for the project; (d) Stamped and addressed envelopes for all property owners within one thousand (1000) feet of the perimeter of the site or lot line with their current mailing addresses as shown from the most recently available county assessment rolls. (e) A general description of the project, prospective tenants or types of tenants or occupants,. (f) Any other information that might be helpful to the Town in reviewing the proposed use. 1.14.4 Notice/Posting Upon receipt of the complete conditional use application and payment of all applicable fees, the Planning Commission shall cause notice to be given to the public in accordance with the provisions of Section 1.6 of this Code. 1.14.5 Public Comment The posted, mailed, and published notice shall advise the public that a conditional use application has been filed on the site, and shall state that interested persons may obtain a copy of the application from the Planning Commission Secretary. The notice shall provide a public comment period for not less than 14 days during which written comments may be submitted for staff consideration while reviewing the project. Comments filed after the close of the comment period may be considered or disregarded by the Town. Interested parties may also make comment at the Planning Commission conditional use hearing. All persons who have submitted written comments shall receive notice of the approval or denial of the application and the conditions imposed.