It is the purpose of the planned unit development ("PUD") regulations to promote the most beneficial and creative development of land areas in the Town. Through the use of the PUD process, it is intended to permit greater flexibility and innovation in the development of land in the Town. The objective of this Article is to encourage development which: promotes greater flexibility in the type, design and location of structures to take advantage of the features of a particular site; improves the design, character and quality of development; promotes more efficient use of land, public facilities, utilities and governmental services; promotes affordable housing for residents of the Town; preserves open space to the greatest extent practicable; achieves a compatibility of land uses within the development and with surrounding areas; encourages the preservation of natural and scenic features; promotes landscaping amenities; promotes safe and convenient pedestrian, vehicular and mass transit access and circulation; and promotes consistency with the Master Plan and other approved plans of the Town. This Article is authorized by Title 24, Article 67, C.R.S.

(Prior code 70-22; Ord. 1, 1998)

A PUD may be permitted as overlay zoning in any zoning district within the corporate boundaries of the Town, subject to the review and approval requirements of this Article.

(Prior code 70-23; Ord. 1, 1998)

(a)

Uses permitted. Within each zoning district, a PUD may include those land uses designated as a permitted use by right or by special review in the underlying zone district. Additionally, in residential zone districts, the Town Council may approve neighborhood commercial uses which the Town Council finds appropriate to the proposed PUD, provided that such commercial uses in such residential zones are consistent with and further the standards, purposes and criteria provided in this Article and in the Master Plan.

(b)

Allowed variances. The Town Council may, as part of the PUD approval process, allow variations from the schedule of requirements of the underlying zone district (Section 16-22), the subdivision regulations design standards (Chapter 17, Article II), the PUD design standards set forth in this Article (Section 16-73), the off-street parking requirements of Chapter 16, Article V, and the floor area and density calculation formulas of Section 16-187 (collectively, as used in this Article, "variations").

(c)

Residential density. The residential density permitted within a PUD shall be the same as that permitted for the property in the underlying zone district as calculated by dividing the total developable area for the property by the minimum lot area required by the schedule of requirements for the underlying zone district for the proposed residential development. Developable area shall have the meaning provided in Section 16-4. Newly developing areas shall have a gross density in excess of that permitted by the underlying zone district in unusual circumstances, provided such density is consistent with the recommended densities in the Master Plan.

(d)

Findings. Upon and as a condition of approval of any sketch plan, preliminary plan and final plan for a PUD, the Town Council must make a finding that each of the following is satisfied:

(1)

The PUD plan, including the variations, is in general conformity with the intent and purposes of this Chapter, the Subdivision Regulations and the Master Plan;

(2)

The variations are designed for the PUD plan to accomplish the purposes of planned unit developments as described in Section 16-61;

(3)

The PUD plan exceeds certain design standards (Section 16-22; Chapter 17, Article II; and/or Section 16-73) or contains certain exceptional and desirable features that enhance the overall PUD plan to the extent that the variations requested are clearly justified;

(4)

The PUD plan satisfies one (1) or more of the purposes set forth in Section 24-67-102(1), C.R.S.;

(5)

The PUD plan will not have adverse environmental impacts, excessively increase traffic hazards or congestion, overload utilities or otherwise be detrimental to the general welfare of the community; and

(6)

The PUD plan will complement and be integrated with the existing development in the area.

(Prior code 70-33; Ord. 1, 1998; Ord. 33 §B1, 2003; Ord. 07 §B6, 2009; Ord. 05 §E, 2012)

The approval of a PUD constitutes a zone district amendment, and a PUD is established by rezoning an area in an existing zone district pursuant to the provisions of this Code and all applicable provisions of Section 31-23-301 et seq., C.R.S., and of Section 24-67-101 et seq., C.R.S. When a planned unit development is approved by the Town, the zoning designation for that lot, tract or parcel on the official zoning map shall include the term "PUD," the underlying zone district designation and the number of the ordinance approving the PUD. The PUD zoning and PUD plan, including all finally approved plan documentation, are inseparable and shall provide the development regulations for the property. To the extent a particular zoning issue (for example, side yard setbacks) is not addressed in the approved PUD plan documentation, such issue shall be determined by the schedule of requirements for the underlying zone district.

(Prior code 70-25; Ord. 1, 1998)

(a)

Preapplication conference.

(1)

Prior to submittal of a formal PUD application, the applicant is required to hold a preapplication conference with the Town Planner to present a tentative sketch plan for review. The preapplication conference should address the following:

a.

The proper relationship between the proposed project and neighboring areas, the Master Plan and/or stated planning and development objectives;

b.

The nature, design and appropriateness of the proposed land use arrangement for the size and configuration of the property involved;

c.

The adequacy of open space area in existence and as proposed to serve the development;

d.

The variations which may be necessary to accommodate the proposed project; and

e.

The compliance of the proposed project with the purposes described in Section 16-61 and the findings required by Section 16-63(d).

(2)

The conference should be held before the applicant has entered into binding commitments or has incurred substantial expense in the preparation of plans or other studies.

(b)

PUD sketch plan review.

(1)

The purposes of the PUD sketch plan review process are to acquaint the staff, Planning and Zoning Commission and Town Council with the character of the proposed PUD; identify potential problems or conflicts between the PUD plan and the Town Code, Master Plan or other Town-approved plans; and to suggest methods of resolving any problem areas.

a.

Filing deadline. Applications for PUD sketch plan review shall be filed at least thirty (30) days prior to the Planning and Zoning Commission meeting at which the matter is to be heard.

b.

Staff review. Within fifteen (15) days of receipt of the PUD sketch plan application, staff shall review the application for compliance with Section 16-66(1). Within such fifteen-day period, the staff shall certify the application complete or shall send the applicant written notice of any deficiencies in the application. The application shall not be reviewed by the Technical Review Committee, Planning and Zoning Commission or Town Council until it has been certified as complete by the Town staff.

c.

Technical Review Committee. Prior to the Planning and Zoning Commission meeting, the application shall be reviewed by the Technical Review Committee. The applicant or his or her representative shall be invited to attend this review session. The Technical Review Committee's comments shall be forwarded to the Planning and Zoning Commission.

d.

Planning and Zoning Commission review. At a regularly scheduled meeting, not less than thirty (30) days after the certification by staff of the application as complete, the Planning and Zoning Commission shall review the PUD sketch plan and the comments of the Technical Review Committee. The Planning and Zoning Commission shall then forward its comments and recommendation to the Town Council.

e.

Town Council review. Upon motion approved by the Town Council, the Planning and Zoning Commission and the Town Council may hold a joint review of the sketch plan application at a regular or special meeting of the Commission or the Council. If the Town Council does not review the PUD sketch plan jointly with the Planning and Zoning Commission, then at a regularly scheduled meeting of the Town Council following the Planning and Zoning Commission review of the PUD sketch plan, the Town Council shall consider the PUD sketch plan application. The Town Council shall consider the character of the proposed development with respect to the policies of the Master Plan, the comments and recommendations of the Technical Review Committee and the Planning and Zoning Commission, the purposes of a PUD described above in Section 16-61 and the findings required by Section 16-63(d). The Town Council shall then provide comments and recommendations to the applicant as to the feasibility of the proposal. In light of such comments and recommendations, the Town Council shall by motion approve, approve with conditions or deny the PUD sketch plan application.

(2)

Effect of approval. Approval by the Town Council of the PUD sketch plan shall not form the basis of any actionable reliance for the applicant or obligation for the Town Council to provide later approvals. Approval of the PUD sketch plan shall not constitute final approval or permission to proceed with development. Approval of the PUD sketch plan shall only constitute permission to proceed with additional development applications.

(c)

PUD master plan and preliminary development plan. A PUD master plan is intended for those projects that will be developed in more than one (1) phase. The PUD master plan may be submitted and reviewed prior to or simultaneously with the preliminary development plan for the first phase of development. No PUD master plan or PUD preliminary development plan application shall be filed until after approval or approval with conditions of a PUD sketch plan for the property.

(1)

Filing deadline. Applications for a PUD master plan and preliminary development plan shall be filed at least thirty (30) days prior to the Planning and Zoning Commission meeting at which time the matter is to be heard.

(2)

Staff review. Within fifteen (15) days of receipt of the PUD master plan and/or preliminary development plan application, the staff shall review that application for compliance with Section 16-66(2) and Section 16-66(3), the PUD design standards (Section 16-73), the zone district schedules of uses and requirements (Section 16-22) and the subdivision standards and requirements (Chapter 17, Article II). Within such fifteen-day period, the staff shall certify the application complete or shall send the applicant written notice of any deficiencies in the application. The application shall not be reviewed by the Technical Review Committee, Planning and Zoning Commission or Town Council until it has been certified as complete by the Town staff.

(3)

Technical Review Committee. Prior to the Planning and Zoning Commission meeting, the application shall be reviewed by the Technical Review Committee. The applicant or his or her representative shall be invited to attend this review session. The Technical Review Committee's comments shall be forwarded to the Planning and Zoning Commission.

(4)

Planning and Zoning Commission action. At a regularly scheduled public hearing, the Planning and Zoning Commission shall consider the PUD master plan and/or preliminary development plan and the comments and recommendations of the Technical Review Committee. It shall be the applicant's responsibility at the commencement of the public hearing to demonstrate compliance with the public notice requirements of Section 16-269. The Planning and Zoning Commission shall review the application with respect to the criteria and standards for planned unit developments provided in this Article. The Planning and Zoning Commission may then recommend to the Town Council that the matter be:

a.

Approved;

b.

Approved with modifications; or

c.

Denied.

(5)

Town Council action. At a regularly scheduled Town Council meeting following the Planning and Zoning Commission action, the PUD master plan and/or preliminary development plan shall be considered by the Town Council. The Town Council shall consider the recommendations of the Technical Review Committee, the Planning and Zoning Commission, Town staff and the review criteria and standards for planned unit developments provided in this Article, including but not limited to the purposes, Section 16-61, and required findings, Section 16-63(d). The Town Council may then:

a.

Approve the application;

b.

Approve the application with modifications; or

c.

Deny the application.

(6)

Effect of approval. Approval by the Town Council of a PUD master plan and/or PUD preliminary development plan shall not form the basis of any actionable reliance for the applicant or obligation for the Town Council to provide later approvals. Approval of a PUD master plan and/or PUD preliminary development plan shall not constitute final approval or permission to proceed with development. Approval of the PUD master plan and/or PUD preliminary development plan by the Town Council shall only constitute permission to proceed with additional development applications.

(d)

Final development plan.

(1)

Filing deadline. Final PUD plans shall be submitted at least thirty (30) days prior to the Planning and Zoning Commission meeting at which the matter is to be heard.

(2)

Staff review.

a.

Within fifteen (15) days of receipt of the final PUD development plan application, the staff shall review the application for compliance with Section 16-66(4), the PUD design standards (Section 16-73), the zone district schedule of uses and requirements (Section 16-22) and the subdivision standards and requirements (Chapter 17, Article II). Within such fifteen-day period, the staff shall certify the application complete or send the applicant written notice of any deficiencies in the application. The application shall not be reviewed by the Technical Review Committee, Planning and Zoning Commission or Town Council until it has been certified as complete by the Town staff.

b.

If there are substantial differences between the final development plan application and the preliminary development plan approval, a revised preliminary development plan must be considered under the review process described in Section 16-65(c) above. Whether changes are "substantial" shall be determined by the Town Planner; provided, however, that any of the following (and other changes) may be considered a substantial change between the preliminary plan approval and the final development plan application: a change in the use or character of any portion of the development; any change which increases the trip generation numbers for the proposed development by ten percent (10%); a reduction by greater than ten percent (10%) of the open space; an increase of greater than ten percent (10%) in the approved gross developable commercial floor area; an increase by greater than ten percent (10%) of the approved residential density of the development; and any change which is inconsistent with a condition or representation of the project's preliminary development plan approvals or which requires granting a further variation. An applicant may appeal the determination of the Town Planner to the Planning and Zoning Commission.

(3)

Technical Review Committee. Prior to the Planning and Zoning Commission hearing, the application shall be reviewed by the Technical Review Committee. The applicant and his or her representative shall be invited to attend this review session. The Technical Review Committee's comments shall be forwarded to the Planning and Zoning Commission.

(4)

Planning and Zoning Commission action.

a.

At a regularly scheduled public hearing, the Planning and Zoning Commission shall consider the final development plan and the comments and recommendations of the Technical Review Committee. It shall be the applicant's responsibility at the commencement of the public hearing to demonstrate compliance with the public notice requirements of Section 16-269. The Planning and Zoning Commission shall review the application with respect to the criteria and standards for planned unit developments and special review applications, for consistency with the PUD master plan and PUD preliminary development plan and for consistency with the provisions of this Article, including but not limited to the purposes, Section 16-61, and required findings, Section 16-63(d).

b.

If the final development plan is consistent with the PUD master plan and/or the preliminary development plan, the Planning and Zoning Commission may recommend to the Town Council that the matter be:

1.

Approved;

2.

Approved with modifications; or

3.

Denied.

(5)

Town Council action. At a regularly scheduled Town Council meeting following the Planning and Zoning Commission action, the final development plan for the PUD shall be considered by the Town Council. The Town Council shall consider the recommendations of the Technical Review Committee, the Planning and Zoning Commission and the review criteria and standards for planned unit developments provided in this Article, including but not limited to the purposes, Section 16-61, and the required findings, Section 16-63(d). The Town Council shall then:

a.

Approve the plan;

b.

Approve the plan with modifications; or

c.

Deny the application.

(6)

Effect of approval. Once a PUD final development plan is approved by the Town Council, all property within the area described in the application must be developed in accordance with the PUD plan. No modification, removal or release of the provisions of the final PUD plan shall be permitted except following compliance of the procedures included herein and upon a finding that the modification, removal or release is consistent with the efficient development and preservation of the entire planned unit development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned unit development or the public interest and is not granted solely to confer a special benefit upon any person. Substantial amendments shall be processed under the same procedures as used for the original PUD adoption. "Substantial" shall have the same meaning as in Section 16-65(d)(2). Insubstantial modifications, removals or releases of a final PUD plan may be approved by the Town Council without repetition of the full PUD review process; provided, however, that this approval shall be considered by the Town Council at a duly noticed public hearing. The Planning and Zoning Commission shall provide a recommendation on the insubstantial amendment, unless the need for a recommendation from the Planning and Zoning Commission is waived by the Town Planner. No building permits will be issued for the property unless a final PUD development plan is approved in accordance with this Chapter.

(Prior code 70-26; Ord. 10 §2, 1991; Ord. 29 §2, 1996; Ord. 1, 1998; Ord. 16 §B, 2002; Ord. 33 §B1, 2003)

Applications for a planned unit development shall include the following:

(1)

PUD sketch plan. The PUD sketch plan is intended to acquaint the Town staff, Planning and Zoning Commission and Town Council with a development proposal in its initial stages. It is recommended that a sketch plan be submitted prior to the preparation of detailed planning or engineering studies. The following written and graphic materials are required as a part of the sketch plan application:

a.

Written information.

1.

A statement of the objectives of the PUD, including a spreadsheet outlining requested variations from the underlying zone district schedule of requirements, the PUD design standards and other applicable sections of Chapter 16 and 17 of this Code. Said spreadsheet shall be on a form provided by the Town staff. The statement should also include a listing of all enhancements offered by the proposal which are not required by this Code, to allow an objective analysis and comparison of the benefits and code variations.

2.

A description of the proposed uses, including the number of dwelling units and approximate square footages, a list of commercial uses and approximate square footages of each use, calculation of open space and parks and proposed PUD zone district schedule of uses and requirements as appropriate.

3.

A statement of how the proposal relates to the Master Plan, Three Mile Plan, master plans for adjoining counties when annexation is being requested and any other long range planning documents as deemed appropriate by the Town.

4.

A statement of how utilities are to be provided, including an assessment by a licensed professional engineer as to the feasibility of said proposals.

5.

The names of property owners and the planner, architect, engineer and surveyor. Authorization from the owner for the filing and processing of the applications.

6.

The names and addresses of property owners within three hundred (300) feet of the property.

7.

A preliminary economic analysis as to the costs and benefits of the project, prepared on a form provided by the Town staff.

8.

A statement describing how the elements of the PUD satisfy each of the findings required in Section 16-63(d).

9.

A general statement describing the geological characteristics of the land, soil types, slope stability and floodplain information. This information may be based on secondary data available from the Town, soil conservation service or other sources. The Town Manager may request that an environmental summary of the above characteristics be submitted in graphic form.

b.

Graphic materials.

1.

A vicinity map drawn to scale showing the location of the property with respect to the Town limits, the Town street system, major intersections, points of access, transit stops, significant natural features, irrigation ditches, major utility transmission lines, public facilities, adjoining subdivisions, property lines and density and land uses of adjoining properties.

2.

A map drawn to a scale of at least one (1) inch equals one hundred (100) feet showing the size of the parcel, the location of the proposed uses, public and private open spaces, streets, topography, existing or proposed water and sewer lines to serve the project, phasing proposals, lots or block pattern and land subdivisions, if applicable.

3.

A photo-reduced version of all graphic materials on 11" x 17" paper.

c.

Additional information. Any additional information reasonably required by the Town to review the application and to verify compliance with the provisions of this Code.

(2)

PUD master plan. A PUD master plan application comprised of written materials and site plans as provided below shall be required for all planned unit developments to be developed in phases:

a.

Written information:

1.

A legal description of the property.

2.

A description of the existing and proposed zoning and the objectives of the PUD, including a spreadsheet outlining requested variations from the underlying zone district schedule of requirements, the PUD design standards and other applicable sections of Chapters 16 and 17 of this Code. Said spreadsheet shall be on a form provided by the Town staff. The statement should also include a listing of all enhancements offered by the proposal which are not required by this Code, to allow an objective analysis and comparison of the benefits and code variations.

3.

A list of the names and addresses of all property owners and lienholders, the planner, architect, engineer and surveyor. Authorization from the property owners to file and process the application.

4.

A statement of how the proposal relates to the Master Plan, Three Mile Plan, master plans for adjoining counties when annexation is being requested and any other long range planning documents deemed appropriate by the Town.

5.

A statement indicating the owner's intentions with respect to future selling or leasing of all or portions of the planned unit development, including number and size of lots and dwelling units and anticipated price ranges.

6.

A development schedule indicating the estimated timing and phasing of construction activities. The schedule shall include the estimated area allocations for each land use in each phase of development. The total area of common open space provided at any phase of the development shall be provided.

7.

Quantitative data shall be provided for the following:

a)

The total number and type of dwelling units and lots.

b)

The proposed maximum residential density in each phase.

c)

The maximum area and estimated building square footage of proposed nonresidential construction.

d)

The development intensity expressed as the ratio of the floor area to the gross area of each tract or parcel.

e)

The area of open space and the percentage of the open space to the gross site area.

f)

The amount of off-street parking to be provided for each use within the PUD, including the number of spaces for residents and guests for residential use and for employees and customers for business or industrial uses.

8.

A description of the means by which all open space and recreational areas, walkways and private streets are to be maintained.

9.

A statement of intent regarding the dedication of open space and streets for public use. If streets are to be held in private ownership and maintenance, an easement shall be reserved for access rights for police, fire and other emergency services.

10.

An updated economic analysis as to the costs and benefits of the project to the Town, prepared on a form provided by the Town staff.

b.

site plans and supporting data. Site plans and supporting maps or data are required to show the details of the PUD plan, including:

1.

A vicinity map drawn to scale showing the site and the surrounding area within a distance of at least one (1) mile, existing zoning, traffic circulation patterns, public facilities, density and types of adjacent residential areas, the Town limits, the Town street system, major intersections and points of access, transit stops, irrigation ditches, major utility transmission lines, adjoining subdivisions and property lines and density and types of nonresidential land uses on adjoining properties.

2.

The existing site conditions, including topography, significant vegetation and unique natural features.

3.

A site plan drawn at one (1) inch equals one hundred (100) feet on a twenty-four (24) by thirty-six (36) inch sheet, or alternate formats approved by Town staff, illustrating the general location and proposed zoning for all existing and proposed land uses, including maximum heights, types of dwelling units, density, floor area ratios and types of nonresidential uses.

4.

An eleven (11) inch by seventeen (17) inch photo reduction of the site plan.

5.

The location, area and size of all land to be used for common open space, recreation areas, public parks, school sites or other public uses.

6.

The existing and proposed vehicular circulation system, including arterial, collector and local streets, off-street parking areas, service and loading areas, major points of access to public rights-of-way, extension of existing Town street systems, including gridded streets, and demonstration of compliance with the Three Mile Street Plan.

7.

The existing and proposed pedestrian circulation system, including the relationship with the vehicular traffic system, indicating proposed treatment at points of intersection.

8.

Information and descriptions of the land areas adjacent to the proposed development with respect to land uses, zoning and traffic patterns.

9.

Preliminary plans for storm drainage and water and sewer service prepared by a licensed professional engineer, for the proposed development.

10.

Additional material, data or studies, as required by the Planning and Zoning Commission or Town Council, which will facilitate an understanding of the PUD master plan and the planning objectives of the unit development. These may include but are not limited to additional fiscal impact evaluations, market studies and transportation studies.

c.

Additional information. Any additional information reasonably required by the Town staff to review the application and to verify compliance with the provisions of this Code.

(3)

The preliminary development plan. A preliminary development plan shall consist of all applicable application requirements set forth above for the PUD master plan and the following additional items:

a.

Written information:

1.

A legal description with tie to an accepted survey monument.

2.

A statement describing any deviations between the PUD sketch plan approval and the PUD preliminary plan application. Such statement shall explain the rationale for the changes.

3.

A statement of the planning objectives of the PUD, and the existing and proposed zoning including a spreadsheet outlining requested deviations from the underlying zone district schedule of requirements, the PUD design standards and other applicable sections of Chapter 16 and 17 of this Code. Said spreadsheet shall be on a form provided by the Town staff, shall include a listing of all code enhancements proposed allowing an objective analysis and comparison of benefits and code deviations. The application should include a request for a zone district amendment rezoning the entire area included in the preliminary development plan.

4.

Notes to indicate disposition, maintenance responsibility and service responsibility for water and sanitation, energy supplies and other services and areas which will serve the PUD.

5.

Letters demonstrating a commitment to serve the PUD from all utilities and public agencies which will serve the PUD.

6.

The proposed development schedule, indicating:

a)

The approximate date on which construction of the project can be expected to begin.

b)

The stages in which the project will be built, the approximate dates when the construction of each phase can be expected to begin and the approximate population of each phase.

c)

An estimate of the anticipated rate of development (i.e., number of units per year, etc.).

d)

The approximate dates when the development of each of the stages in the development will be completed.

e)

The area and location of common open space that will be provided at each stage.

7.

A list of all property owners and/or authorized agents and addresses, including architects, engineers and planners. A statement signed by all property owners authorizing this filing and processing of the application.

8.

Draft agreements, conveyances, restrictions or proposed covenants which will govern the use, maintenance and continued protection of the PUD and any of its common areas.

9.

A plan for unified control of common areas of the PUD, which shall include identification and description of corporations, partnerships, trusts, owners' associations or other legal entities having the right to assess individual landowners within the development and identification of the method proposed to enforce the required assessments.

10.

Proposed terms of reservations and dedications of public rights-of-way, easements and other public lands.

11.

The names and addresses of all property owners within three hundred (300) feet.

12.

Reports concerning the following:

a)

Geologic characteristics of the area affecting the land use.

b)

Soils report, including:

1)

Special physical and chemical characteristics of the soil.

2)

Prediction of stability and erosion potential.

3)

Suitability of the soil types for the land uses proposed for the PUD and any special engineering features necessary for the proposed development.

c)

Preliminary stormwater drainage report.

d)

Preliminary engineering for all major structural elements including bridges, retaining walls and similar features.

e)

Report or study on wetlands areas, flood plains and river bank stabilization.

f)

Wildlife impacts, critical habitat and the relationship to public lands and access.

13.

Data, including:

a)

Gross area in acres and square feet.

b)

Total number and type of dwelling units.

c)

Total bedrooms per each dwelling unit type.

d)

Gross residential density.

e)

Floor area ratio for the PUD as a whole and for each lot within the PUD.

f)

Total acreage with a breakdown by land use.

g)

Number of off-street parking spaces, including guest parking and common storage for recreation vehicles.

h)

Area in square feet of common open space and as a percentage of gross area.

i)

Area in square feet of recreational open space.

j)

Area in square feet of private open space and as a percentage of gross area.

b.

site plans and supporting documents, including the following:

1.

The proposed lot lines and dimensions.

2.

The tentative location of existing building and proposed building envelopes.

3.

The location and dimensions for each area designated as common open space, recreational open space and private open space.

4.

The location, length, width and use of all existing and proposed easements, utility rights-of-way, major utility facilities, intersections, bridges, culverts and drainageways (indicate all underground facilities).

5.

Preliminary utility plans and engineering, to include the following:

a)

A drainage and detention plan: The plan shall address existing and proposed drainage including stream courses, mudflow or debris flow, dry washes, flood plains and irrigation issues. The drainage plan, based on an engineering analysis of the catchment and the tributary area, shall include detailed drainage easements and structures necessary to accommodate a design one-hundred-year storm, mudflow or flooding. The drainage plan shall be provided by an engineer registered in the State.

b)

Water and sewer service and other utilities: A utilities plan, corresponding to the preliminary plat, showing locations of the utilities lines and related facilities, sizes and gradients for the proposed development. The plan shall also show the relation of the proposed facilities to existing Town facilities and those of any special district. The utility plan shall also indicate underground distribution of electrical power and communications lines to be utilized, and a description of the system or systems shall be shown on the plan. The plans shall be prepared by an engineer registered in the State.

c)

Flood protection: The plan shall address the location of the one-hundred-year flood plain and floodway, bank stabilization or protection measures and minimum elevations and related requirements for flood plain development permits if any should be required for development on the site. Additional studies and information may be required, and all flood plain and hydrologic analyses shall be prepared by an engineer registered in the State.

d)

Fire protection: Plans for fire protection, including hydrant locations, minimum water pressure and sprinkling requirements, shall all be provided for review by the Town and the Basalt and Rural Fire Protection District. Where appropriate, all such plans shall be prepared by an engineer registered in the State or an individual with the appropriate training and qualifications for fire protection review and design.

6.

Off-street parking areas, service areas, trash receptacles, loading areas and major points of access to public rights-of-way, with appropriate dimensions.

7.

Existing and proposed streets with names. Length of street center lines, radii of curves, center-line grades and type of curb, gutter and sidewalks. Designation of street as private or public.

8.

The location of temporary model homes, sales office and/or construction facilities, including temporary signs and parking lots. Also note length of time such temporary facilities will be in place and whether they will require sewer and water taps.

9.

The location of pedestrian and bicycle paths.

10.

The location, heights and size of proposed project-related or commercial signs, lighting and advertising devices, including real estate sale signs. Sign information shall include proposed colors, lighting, sizes, material and general statement of character. Lighting information shall include type and height of fixtures, wattage and intensity of light, and shall address energy efficiency.

11.

The locations of pools, fences or accessory buildings.

12.

The locations of low-income, elderly or other specialized housing.

13.

The location of land intended to be conveyed, dedicated or reserved for public use as park sites, school sites, etc. Public tracts shall be dedicated by a statement on the plat; responsibility of maintenance of all tracts shall be described.

14.

A general landscape plan, including:

a)

The location, type and size of major existing trees and shrubs and their fate.

b)

The location, general type, minimum size and quantity of proposed plant material.

c)

The proposed treatment of the perimeter of the PUD.

d)

The provisions for control of dust during construction.

15.

Other graphics supporting information, including:

a)

Street cross-section schematics for both public and private accessways.

b)

Architectural intent drawings, elevations and perspective drawings of all typical structures and improvements, except single-family detached residences and their accessory buildings. Drawing may be required at the discretion of the Town for all elevations, window details, sample materials lists and sample floor plans. The drawings are intended to show the relationship of the proposed structures to the surroundings and need not be the result of final architectural design.

c)

The Town may require building envelopes to be flagged, streets to be staked, building heights to be demonstrated by "story poles" and other significant features of the project delineated in the field.

d)

The Town may require an analysis of the effect of the proposed development on solar access to neighboring properties, property within the proposed development and public and private rights-of-way.

c.

Additional information. Any additional information reasonably required by the Town staff to review the application and to verify compliance with the provisions of this Code.

(4)

Final development plan. The final development plan shall be consistent with the preliminary development plan and include all the written and graphic information required for the preliminary development plan. In addition, the following more detailed information is required for the final plan:

a.

A statement describing any deviations between the PUD preliminary development plan approval and the PUD final plan application. Such statement shall explain the rationale for the changes.

b.

The site plan shall include signatures, ownership certifications and title certifications as required for the filing of a final plat, as stated in Section 17-64.

c.

A final summary data chart, including the information required for the preliminary development plan. This data must be updated based on the finalized site plan.

d.

A detailed final landscape plan, including the following:

1.

The location, type and size of existing trees and major shrubs which are to be retained.

2.

The location, type, minimum size and quantity of proposed plant materials. The scale shown on the plan for plant materials shall reflect three-fourths (¾) mature size.

e.

Final utility plans.

f.

A final PUD development plan agreement incorporating the terms and conditions of the final development plan submittal, any conditions of approval imposed or required by the preliminary or final development plan approval, including if appropriate the matters referred to in Section 17-64(b)(10)—(12).

(Prior code 70-27; Ord. 1, 1998; Ord. 33 §B1, 2003)

The development shall be constructed in a timely manner.

(1)

Master plan for the PUD. There is no time limit for initiating development.

(2)

Preliminary development plan. Within a maximum of twelve (12) months of the approval of a preliminary development plan, an application for final development plan for all or part of the development area must be filed. If no final development plan is filed within the allowed time period, the approvals granted for the preliminary development plan shall expire. The Planning and Zoning Commission shall have the authority to extend this time period for good cause for not more than two (2) successive six-month periods. Any further extensions must be considered by the Town Council. Upon expiration of a PUD master plan or preliminary development plan, the Planning and Zoning Commission and Town Council may, at duly noticed public hearings, consider the rezoning of the property to the underlying zoning as it existed prior to approval of the final PUD development plan.

(3)

Final development plans. Each final development plan shall include a definite timetable for completion and construction of the development, including a time for expiration of approvals. Upon expiration of a final PUD development plan, the Planning and Zoning Commission and Town Council may, at duly noticed public hearings, consider the rezoning of the property to the underlying zoning as it existed prior to approval of the final PUD development plan. This time period shall be established at the time of approval.

(Prior code 70-28; Ord. 1, 1998; Ord. 33 §B1, 2003)

The purpose of specifying space requirements between structures is to ensure adequate privacy, light, ventilation and fire protection while at the same time encouraging more creative design than is normally allowed with conventional setback requirements. It is the intent that primary living spaces should not face directly onto another living space unless there is adequate space between structures.

(1)

Residential buildings. The minimum distance between two (2) residential structures is fifteen (15) feet. However, if the facing building walls both contain windows for major daytime or nighttime use, such as living rooms, dining rooms and bedrooms, efforts should be taken to ensure privacy of the residence by increasing the separation between the buildings or by special screening.

(2)

Commercial or mixed commercial/ residential buildings. The minimum distance between commercial buildings shall be ten (10) feet. The minimum distance between a mixed use (commercial and residential) and any other building shall be twenty (20) feet. The minimum distance between a commercial building and a residential building shall be twenty-five (25) feet.

(Prior code 70-30)

(a)

It shall be the responsibility of the property owner to provide an acceptable program for the continuing maintenance of private open space, recreational areas, walkways and private streets within a planned unit development.

(b)

The developer shall submit a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas and communally owned facilities and parking lots. The same shall be submitted to the Town Attorney and shall not be accepted until approved as to legal form and effect. If the common open space is deeded to a homeowners' association, the applicant shall file the proposed documents governing the association. Such documents shall meet the following requirements:

(1)

The homeowners' association must be established before any properties are sold.

(2)

Membership in the association must be mandatory for each property owner.

(3)

Open space restrictions must be permanent.

(4)

The association must be made responsible for liability insurance, taxes and maintenance of recreational and other facilities.

(5)

The association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities.

(c)

In the event that the organization established to own and maintain the open spaces and other common facilities fails to maintain the facilities in accordance with the approved plan, the Town Council shall direct a written notice to the property owners demanding that the deficiencies be corrected within thirty (30) days and that a hearing will be held on the matter within fifteen (15) days after the notice is given. If the deficiencies are not corrected within the time established by the Town Council, the Town may enter upon the properties and maintain the properties until the owners of the property show cause why maintenance by the Town is not required. The cost of maintenance by the Town shall be a lien against the common facilities of the planned unit development and the private properties within the development. The Town shall have the right to make assessments against the properties or the development on the same basis that the organization responsible for maintenance could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The Town may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes.

(d)

In the pursuit of any lien hereunder, all final development plans and final subdivision plats for planned unit developments shall provide on their face an executed consent to the Town's placement of lien under this Chapter, and such consent shall provide that the consent given is binding upon all heirs, successors and assigns of the owners of the property.

(Prior code 70-31; Ord. 33 §B1, 2003)

When applicable, planned unit developments must comply with all of the application requirements and procedures relative to subdivisions and annexation. However, it is intended that certain requirements and hearing procedures not be duplicative. Therefore, applications may in certain instances be reviewed concurrently.

(1)

A PUD sketch plan may be accepted as the sketch plan required for a subdivision or annexation.

(2)

A PUD preliminary development plan may be accepted as satisfying all requirements for a preliminary subdivision plat, provided that all the application requirements (Section 17-63) and provisions of the subdivision regulations and the Public Works Manual are met as a part of the PUD application.

(3)

If a PUD involves a subdivision, the final subdivision plat must be approved by the Town Council prior to any sale of land or building permits being issued.

(4)

Any subsequent subdivision of land approved as a PUD must be consistent with the PUD plans as approved. Any modifications of the PUD plans shall be subject to the hearing and review provisions of Section 16-65(c)(5) of this Code.

(5)

Annexation of property proposed as a PUD in any zoning district may be finalized at any point in the process by the Town Council, provided that all the requirements for annexation, as specified in Chapter 15, have been satisfied.

(Prior code 70-32; Ord. 1, 1998; Ord. 33 §B1, 2003; Ord. 07 § 2(Exh. A), 2022)

The findings of the staff, Planning and Zoning Commission and the Town Council shall be based upon the following criteria, guidelines and performance standards:

(1)

General considerations.

a.

The planned unit development proposal is consistent with the master plan.

b.

The plan conforms to the provisions of this Article.

c.

The proposed development will not have adverse environmental impacts, such as excessively increased traffic hazards or congestion, overload utilities or otherwise be detrimental to the general welfare of the community.

d.

The proposed development will complement and be integrated with the existing development in the area.

(2)

Residential density. The maximum density permitted within a PUD shall be no greater than the density permitted in the underlying zone. Density shall be calculated as the total number of dwelling units divided by the developable area (as that term is defined in Section 16-4 of this Code) of the lot, tract or parcel. Newly developing areas shall have a gross density consistent with the recommended densities in the Town's master plan.

(Prior code 70-33; Ord. 33 §B1, 2003; Ord. 05 §F, 2012)

(a)

Street standards.

(1)

All streets to be dedicated to the Town must be constructed in accordance with the adopted street standards for the Town, except that the street width may be reduced in accordance with the conditions of Subparagraph (2) below. The right-of-way for dedicated public streets shall not be less than fifty (50) feet.

(2)

Variations to the adopted street standards may be permitted subject to the following conditions:

a.

Interior local streets. The width of public or private local streets within a PUD may be reduced to a minimum pavement width of twenty-eight (28) feet measured from flow line to flow line, provided that the conditions outlined below are satisfied:

1.

A minimum of forty (40) feet of right-of-way is provided for private streets and fifty (50) feet of right-of-way for public streets.

2.

Local streets are designed so that through traffic is discouraged.

3.

No point of a local street is more than eight hundred (800) feet from a collector or arterial street.

4.

Parallel parking is prohibited on at least one (1) side of the street.

5.

Sidewalks (four [4] feet zero [0] inches in width) shall be provided as follows:

a)

Both sides: within one (1) mile of any school or within one-fourth (¼) mile of a shopping center or where the net density of surrounding developments exceeds eight (8) units per acre.

b)

None: where alternative pedestrian circulating systems, such as mid-block walkways or separate paths, are provided.

c)

One (1) side: in all other areas. The sidewalk should be on the same side as guest parking areas.

For private streets, a further reduction of street width to a twenty-two (22) foot wide pavement measured from flow line to flow line may be allowed, provided that parallel parking is prohibited on either side and guest parking areas are dispersed throughout the development.

b.

Cul-de-sac streets:

1.

Street width. In a PUD, the pavement width measured flow line to flow line for a cul-de-sac street may not be less than twenty-two (22) feet if no parallel parking is provided on either side or twenty-eight (28) feet if parking is allowed on one (1) side only. In such cases, the minimum right-of-way for a private street shall be forty (40) feet and for a public street fifty (50) feet.

2.

Maximum length. The maximum length of a cul-de-sac street shall be five hundred (500) feet measured from the right-of-way line of the connecting street to the center of the turnaround area at the closed end of the cul-de-sac.

(b)

Parking. Planned unit development shall provide the parking spaces required by Article V, including guest parking spaces, in the ratio of twenty-five hundredths (0.25) space per unit located within one hundred (100) feet of the dwellings they are intended to serve.

(c)

Open space.

(1)

Common open space. At least thirty percent (30%) of the gross area of a residential PUD and twenty-five percent (25%) of a nonresidential PUD shall remain as landscaped open space for the common use of the residents or visitors to the area.

(2)

Recreational open space.

a.

Recreational open space shall comprise not less than seventy-five percent (75%) of the total required common open space. All areas to be considered recreational open space shall have a minimum dimension of thirty (30) feet, except for bicycle paths. No more than twenty-five percent (25%) of the required recreational open space shall have impervious surfacing.

b.

Recreational open space shall not include slopes greater than twenty percent (20%).

c.

Recreational open space shall not be obstructed except by improvements that enhance its usability. Recreational open space is that open space which provides for organized sports or includes playground apparatus, tennis courts, bicycle paths, swimming pools or similar active recreational areas.

d.

All required recreational open space shall be planted in lawn or other appropriate ground cover suitable for foot traffic.

e.

The open space areas should be readily accessible to all dwelling units and should maximize the pedestrian usage.

f.

Special considerations and exceptions to the above requirements may be approved by the Planning and Zoning Commission for open space that provides for public access to the Roaring Fork or Frying Pan Rivers.

(3)

Private open space. At least one hundred fifty (150) square feet of private open space shall be provided for each ground level dwelling unit. Private open space shall include patios, decks, lawn areas and balconies. At least fifty (50) square feet of private open space shall be provided for aboveground units.

(d)

Landscaping.

(1)

A permanently maintained landscaped buffer zone shall be provided adjacent to arterial and collector streets and parking lots or between residential development and adjacent commercial, industrial or incongruent uses. The minimum width of the buffer zone shall be twenty (20) feet, to include landscaping and berming at a maximum slope of three (3) horizontal to one (1) vertical. The Planning and Zoning Commission may consider reducing the width of the buffer strip when dense landscaping or mature plant materials are provided.

(2)

A comprehensive landscaping and irrigation plan shall be submitted designating all existing and proposed species, size and placement. The plan shall specify all irrigation features and a program for continued maintenance. The comprehensive landscaping and irrigation plan shall be reviewed and approved by the Public Works Director and the Town Planner. The Town develops and maintains a list of desirable trees for planting along streets. The list is available at the Town Hall.

(3)

Shadow patterns of existing and proposed trees and other major vegetation which will affect the availability of incoming solar radiation in the immediate vicinity of each dwelling unit shall be shown on the comprehensive landscape plan. Selection and placement of new plant materials should complement solar uses.

(4)

Plant material shall be in accordance with the following schedule:

(5)

Development of theme plantings is encouraged in order to provide visual continuity. Plantings should screen units from each other and from traffic and should be coordinated with mounding and fencing to visually tie dwelling units together.

(6)

Open space should provide contiguous linkages which are capable of conducting the pedestrian from the residence to major points in the neighborhood.

(7)

Existing healthy trees should be preserved to the maximum extent possible. If trees with a caliper of four (4) inches or greater are to be removed, they must be identified and located on the plan with a written justification presented for their removal.

(8)

All plants shall comply with federal and state laws and regulations requiring inspection for plant disease, pests and weeds. All trees must be balled and burlapped. Nursery stock shall comply with American National Standard Institute (ANSI) requirements and the Colorado State Nursery Act. Plant names should meet the standards of International Code of Botanical Nomenclature (ICBN) and Plant Health Standards as set in the Public Works Manual.

(e)

Energy conservation.

(1)

Solar access shall be preserved as much as possible by orienting streets and buildings for maximum southern exposure for the living spaces.

(2)

Consideration should be given for protection of solar access through solar easements for subdivision lots.

(f)

Building design.

(1)

The character of the building designs in the PUD should be compatible with and enhance the architectural character and scale of the surrounding neighborhood.

(2)

Accessory buildings, detached garages and fences should be of a design compatible to the architectural character of the project and the surrounding neighborhood.

(3)

The floor plan should be carefully organized to gain maximum daylight and direct access from rear and side yards. The outdoor space should be planned as a practical extension of indoor living space.

(4)

Large amounts of glass should be avoided on the north side of dwelling units, and northern exposures should be protected with berming and landscaping.

(Prior code 70-34; Ord. 33 §B1, 2003; Ord. 11 §7, 2011; Ord. 07 § 2(Exh. A), 2022)