The purpose of this chapter includes but is not limited to the following:

A.    To allow for creative, flexible residential development equal to or superior to traditional lot-by-lot development;

B.    To permit diversity in the location and type of structures;

C.    To preserve open space, natural vegetation, watercourses, critical areas, historic buildings and places and other community values;

D.    To provide more efficient use of land by facilitating a more economical arrangement of buildings, streets, utilities and land use;

E.    To provide for a variety of housing types in one development with architectural design compatibility;

F.    To provide integrated landscape development; and

G.    To provide for the integration of new development into the existing community while protecting and preserving the values of the surrounding neighborhood. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

A.    Where Permitted. Planned residential developments (PRDs), when approved in accordance with all applicable codes and this chapter, are established as development permits and, as such, do not reclassify the existing zoning district designation. A PRD may be permitted in the R-1 and R-1.25 zoning districts, when consistent with the Adams County comprehensive plan.

B.    Permitted Uses. A PRD may include the following uses, which uses shall be specifically identified and approved in the development permit application review and approval process:

1.    A combination of residential dwellings such as single-family attached, single-family detached, modular/manufactured homes, duplexes, townhouses, and other similar dwellings in accordance with this chapter and the Adams County zoning code;

2.    Accessory uses specifically designed to meet the needs of the residents of the PRD such as garages, carports, personal and recreational vehicle storage, and other similar noncommercial uses;

3.    Developed recreational facilities, primarily for the residents of the PRD, such as clubhouses, tennis or racquetball courts, ball fields, trails, sports fields, spa facilities, golf courses, horse arenas and riding academies, parks, undeveloped recreational areas, open space areas and other similar type uses;

C.    Minimum Site Area. The minimum site area for a PRD is five acres. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

All zoning and subdivision requirements may be modified and approved through a PRD in the interest of the expressed purposes above, except for the following, provided the specific requirements to be modified are identified and approved by the county in the PRD application, review and approval processes and materials:

A.    Permitted uses;

B.    Setbacks on the exterior boundary of the planned development;

C.    Engineering design and construction standards of public improvements other than street standards. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

A.    The maximum allowable density is as listed in Table 17.58.040-1.

1.     A public sewer system or community septic system shall be required for this density increase.

B.    The additional density permitted in Table 17.58.040-1 shall be achieved by incorporating the following items into the design and construction of the PRD:

1.    On-site stormwater drainage retention facilities shall be integrated as usable recreation areas.

2.    Landscaping shall be planted adjacent and along the entire frontage of public and/or private street rights-of-way on the property being developed, as well as along the exterior perimeter of the overall PRD. Planting areas shall be a minimum of five feet in width and consist of a minimum of sixty percent deciduous trees at least four feet high at the time of planting on no greater than fifty-foot centers or other native plants. Suitable groundcover including grasses and/or low-growing shrubs to complement the trees shall also be provided. The use of native species in planting as well as those resilient to climate effects such as drought, extreme heat, and fire should also be prioritized.

3.    Developed pedestrian and nonmotorized facilities shall be incorporated into the overall design of the PRD, and may include sidewalks, pathways and/or trails that connect features within the development as well as connecting to the overall community.

4.    Natural drainage ways shall be incorporated into the overall PRD design and left undisturbed or enhanced with native ornamental landscaping when applicable.

5.    Significant existing natural features shall be maintained on the site, including, without limitation, topography, critical areas including shrubsteppe habitat, significant tree stands, significant tree stands, or particularly noteworthy trees, view points or other important natural features found on site.

6.    Significant recreational areas shall be developed and equipped with such features as swimming pools, tennis courts, commercial-grade playground equipment, community center or other significant features.

7.    Accessory features such as benches, trash cans, tables and other similar attributes to enhance the character of the open space or other features shall be provided in the development.

8.    Pedestrian access, open space and recreation amenities shall be provided and incorporated into the PRD when the PRD adjoins cultural/historical sites or water bodies such as ponds, creeks, rivers or lakes, when applicable.

9.    The PRD shall incorporate some other unique site and/or design features not listed above that distinguish it from a typical subdivision.

10.    A fire hydrant system shall be provided to achieve required fire flow as determined by the fire code official. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

Within a PRD, a minimum of twenty-five percent of the overall area shall be established as open space and/or recreation facilities. Up to five percent of the unbuildable land (i.e., stormwater ponding areas, steep slopes, etc.) may be considered for inclusion in the required open space land upon a showing that such lands can and will be used for a specified recreational purpose. The following standards apply:

A.    The open space and/or on-site recreation areas may include a combination of natural areas, parks, landscaped areas, trails, and/or visual corridors; provided, that a majority of the areas are contiguous, usable space;

B.    Where critical areas are determined to be located within the boundaries of a PRD, they shall be protected and used in conformance with Chapter 18.06, and may be counted toward the overall required open space/recreation areas;

C.    Where there is a public open space and/or recreation facility within one thousand feet of the outer boundary of the site, provided there are adequate pedestrian facilities to access such space, the PRD may reduce the on-site requirement up to seventy-five percent as determined by the review authority, if the facility meets the provisions of subsection A of this section. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

The following are minimum design requirements for PRDs that incorporate on-site recreation and/or open space:

A.    The location, shape, size and character of the open space shall be configured appropriate to the scale and character of the planned density, expected population and topography of the area. On-site recreation areas shall be centrally located in the development and designed for active and passive recreation unless otherwise approved by the hearing examiner.

B.    A minimum of sixty percent of the on-site recreation or open space shall be concentrated and/or connected into large usable areas. The remaining forty percent may be designated as buffers, entry features, recreation facilities, streetscape, and/or used for a natural trail system or other uses approved by the hearing examiner.

C.    On-site recreation areas or open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the PRD; provided, that the building coverage of such buildings or structures shall not exceed fifty percent of the minimum on-site recreation or open space required. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

A.    Unless specifically modified by this chapter, all requirements of the underlying zone shall apply within a PRD.

1.     The setback from the side lot line for multifamily dwellings shall be increased to twenty feet for those portions of a building higher than twenty-five feet.

2.     If a lot has more than one front lot line, the front lot line may be reduced to ten feet, provided the total distance of the setbacks from all front lot lines adds up to a minimum of twenty feet if the lot has two front lot lines, and thirty feet if the lot has three front lot lines.

3.     The minimum setback for automobile entry of garages or carports from the front lot line shall be twenty feet.

(Ord. O-02-25 § 1 (Exh. A))

All lands dedicated for the preservation of critical areas, creation of open space or establishment of recreation facilities shall be protected in perpetuity by recorded covenants, approved by the county, which restrict uses to only those specified in the approved PRD site plan and provide for the maintenance of the open space in a manner which assures its continuing use for the intended purpose. Dedicated open space may be held in common interest by all of the property owners within the planned development, a public or private entity empowered to manage and maintain the open space, or by other appropriate legal measures that ensure the continuation of open space/recreation areas. Restrictions shall be placed upon the title to all dedicated areas and on the face of the binding site plan indicating that:

A.    All land uses and development shall be limited to the stated purpose of the dedicated property.

B.    If the open space/recreation areas are held in common interest by all of the property owners within the planned development, then all property owners within the planned development shall be mutually responsible for the maintenance and preservation of the dedicated lands.

C.    That dedicated lands shall be maintained free of any liens or encumbrances that could interfere with the stated purpose of the dedication. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

A written explanation of the design concept planned features of the development, measures taken to meet the purposes of this chapter, the proposed sequence and timing of development, the provisions of ownership and management when developed, and covenants or other controls which might influence the development, operation or maintenance of the planned residential development shall be submitted with the site plan. An outline of the documents of the owners’ association, by-laws, deeds, covenants, and agreement governing ownership, maintenance and operation of the planned unit development shall be submitted with the binding site plan. Planned unit development covenants shall include a provision whereby unpaid taxes on all property owned in common shall constitute a proportioned lien on all property of each owner in common. The county may require that it be a third-party beneficiary of certain covenants with the right, but not the obligation, to enforce the same. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

A.    An application for a preliminary PRD shall be reviewed as a Type III project pursuant to Chapter 17.94.

B.    An application for a preliminary PRD shall comply with the submittal requirements in Chapter 17.94, in addition to the following:

1.    All information required on a preliminary plat;

2.    The location of all existing and proposed structures;

3.    A detailed landscape plan indicating the location of existing vegetation to be retained, the location of vegetation landscaping structures to be installed, the type of vegetation by common name and/or taxonomic designation, and the installed and mature height of all vegetation;

4.    Schematic plans and elevations of proposed building(s) with samples of all exterior finish material and colors, the type and location of all exterior lighting, signs and accessory structures;

5.    Utility, street and stormwater drainage plans that indicate the facilities, layout and capacities necessary to serve the entire PRD;

6.    Inscriptions or attachments setting forth the limitations and conditions of development;

7.    The provisions ensuring the development will be in conformance with the site plan;

8.    A phasing plan, if proposing; and

9.    Any other information as determined by the administrator.

C.    Approval for Preliminary PRD.

1.    The reviewing official shall include findings in their decision as to whether the proposal meets the following approval criteria:

a.    Alternate designs proposed will provide a plan equal or superior to what would otherwise be permitted under the zone;

b.    The PRD development will be compatible with nearby developments and uses;

c.    The development will be consistent with the comprehensive plan and the purposes of Chapter 17.58; and

d.    The public health, safety and welfare have been served.

2.    Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, recreation spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.

3.    The reviewing official may impose, in addition to regulations and standards expressly specified in this title, other conditions found necessary to protect the interests of the surrounding properties or neighborhood, or the county as a whole. These conditions may include but are not limited to the following requirements:

a.    Phasing;

b.    Timing of improvements; and

c.    Special requirements for final PRD.

4.    The conditions of approval of the PRD control over any conflicting regulations.

D.    Final PRD.

1.    After receiving preliminary approval and constructing necessary improvements as outlined in the preliminary PRD conditional approval, the applicant may submit a detailed final PRD in conformity to the approved preliminary PRD. An application for a final PRD shall be reviewed as a Type I project pursuant to Chapter 17.94. The site-specific requirements for final PRD approval shall be as those prescribed in the preliminary PRD approval.

2.    An application for a final PRD shall comply with the submittal requirements in Chapter 17.94, in addition to the following:

a.    All information required on a final plat.

b.    Any other information as determined by the administrator.

3.    Final PRD approval shall be granted by the reviewing official only if the applicant demonstrates that the final PRD substantially conforms to the approved preliminary PRD. For the purposes of this section, “substantially conforms” means that, as compared to the preliminary PUD, the final PUD contains no revisions in density, uses, design or development standards or in the site plan, other than any revisions approved pursuant to Section 17.85.050. (Ord. O-02-25 § 1 (Exh. A))

Development of a PRD may be phased, in which case the entire site shall be submitted as a preliminary PRD showing a conceptual depiction of the eventual development through all phases. Each phase of development in a multiphase planned development shall meet all requirements of the approved planned development independently. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

PRDs may be modified prior to final approval according to Section 17.85.050, Permit revisions. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

Preliminary approval for a PRD expires unless final approval is obtained from the county and recorded by the Adams County auditor within five years from the date of approval. An applicant who files a written request with the county within thirty days before the expiration date shall be granted a one-year extension upon a showing of a good faith effort to file the binding site plan. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

No building permits shall be issued until final PRD or phase approval has been granted by the review authority. The construction and development of all common areas and open space of each project phase shall be completed to coincide with the completion of structures, unless otherwise stated in the conditional approval. For example, when twenty-five percent of the structures are completed, twenty-five percent of the common areas are required to be completed. (Ord. O-02-25 § 1 (Exh. A))