In order to establish an alternate zoning procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this UDC, two (2) planned development processes are established. The objective of the planned development processes is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable UDC regulations. The end result can be a product which fulfills the objectives of the Comprehensive Plan and planning policies of the City while departing from the strict application of the use and bulk regulations as detailed in Chapters 17.03 and 17.04 of this UDC. The planned development processes are intended to permit and encourage such flexibility and to accomplish the following purposes:

A.

To stimulate creative approaches to the commercial, residential, and mixed-use development of land.

B.

To provide more efficient use of land.

C.

To preserve natural features and provide open space areas and recreation areas in excess of that required under conventional zoning regulations.

D.

To develop new approaches to the living environment through variety in type, design, and layout of buildings, transportation systems, and public facilities.

E.

To unify building and structures through design.

F.

To promote long-term planning pursuant to the City of Cañon City's comprehensive plan, which will allow harmonious and compatible land uses or combinations of uses with surrounding areas.

Two (2) planned development processes are established to allow for flexibility in the application of the regulations of this UDC in order to achieve higher levels of design and amenity than would otherwise be possible.

A.

Major planned development. The major planned development process is established for the review and approval/denial of a planned development district plan which sets forth, for a particular land area, the development and design parameters by which future development will be considered. Major planned developments shall be approved as a rezoning to the planned development district and shall be regulated by the approved planned development plan.

B.

Minor planned development. The minor planned development process is established for the review and approval/denial of development in a particular land area which generally conforms to the requirements of the underlying district(s) which the area is zoned but requires deviations from the development and design parameters of that district(s) to achieve a higher level of design and amenity. Minor planned developments shall be approved as a rezoning to the planned development overlay district and shall be regulated by the standards of the underlying district(s) with the exception of any approved site development allowance(s).

A.

The following may be approved as a planned development:

1.

Major planned development: Sites twenty (20) acres or more in size.

2.

Minor planned development: Sites less than twenty (20) acres in size.

B.

Each major or minor planned development shall be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a major or minor planned development upon an already existing major or minor planned development.

C.

The burden of providing evidence and persuasion that any major or minor planned development is necessary and desirable shall in every case rest with the applicant.

D.

Notice requirements.

1.

Cost of notice. All costs associated with published and written notice, as required by this chapter, shall be the responsibility of the applicant.

2.

Notice content. All notices required under this chapter shall include the following content:

a.

The date, time, and place of the scheduled public hearing.

b.

A description of the property involved in the application by street address if one exists.

c.

A description of the nature, scope, and purpose of the application.

d.

The location and source of additional information on the application.

e.

Other information as deemed necessary by the Zoning Administrator.

3.

Notice methods.

a.

Published notice. When published notice is required, as detailed in Table 17.08.030(D)(4), the Zoning Administrator shall ensure that notice is published on the City's website at least fifteen (15) days and no more than thirty (30) days before the date of the scheduled public hearing.

b.

Written notice. When written notice is required, as detailed in Table 17.08.030(D)(4), the Zoning Administrator shall provide notice by first class mail to all owners of record of the subject property and all owners of record within three hundred (300) feet of the boundaries of the subject property. The notice shall be deposited in the U.S. mail by the Zoning Administrator at least fifteen (15) days and no more than thirty (30) days before the scheduled public hearing. Ownership information shall be obtained from the records of the Fremont County Assessor.

c.

Posted notice. When posted notice is required, as detailed in Table 17.08.030(D)(4), the Zoning Administrator shall post a sign on the subject property along the fronting street. If the subject property fronts two (2) or more streets, signs shall be posted along each frontage. The notice shall be posted by the Zoning Administrator at least fifteen (15) days and no more than thirty (30) days before the scheduled public hearing.

4.

Notice methods by planned development application type.

Table 17.08.030(D)(4) Notice Methods by Planned Development Application Type

Approval of a major or minor planned development is a privilege and will be considered by the City only in direct response to the accrual of tangible benefits from the major or minor planned development to the City or the neighborhood in which it would be located. These benefits shall be in the form of exceptional amenities, outstanding environmental, landscape, architectural or site design, or the conservation of special man-made or natural features of the site. No application for a major or minor planned development shall be approved unless the City Council finds that the application meets all of the following standards:

A.

Comprehensive plan alignment. The planned development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.

B.

Placemaking. The planned development has a distinctive identity and brand that is utilized in the signs, streetscape, architecture, public gathering spaces, open spaces.

C.

Integrated design with identifiable centers and edges. The planned development shall be laid out and developed as a unit in accordance with an integrated overall design. The design shall provide identifiable centers and edges through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space.

D.

Public welfare. The planned development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare.

E.

Compatibility with adjacent land uses. The planned development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties.

F.

Impact on public facilities and resources. The planned development is designed so that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it. The planned development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to impact of the planned development on public facilities and infrastructure.

G.

Archaeological, historical or cultural impact. The planned development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development.

H.

Drives, parking and circulation. The planned development has or makes adequate provision to provide necessary parking. Principal vehicular access is from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation (including walkways, interior drives, and parking), special attention has been given to the location and number of access points to public streets, the width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe, convenient, and do not detract from the design of proposed buildings and structures and the neighboring properties. Access points are limited through the use of cross access connections.

A.

Minor planned developments only. Site development allowances and modification standards shall apply to the minor planned development process only.

B.

Site development allowances.

1.

Site development allowances are deviations from the standards of the underlying district set forth outside of this chapter.

2.

Notwithstanding any limitations on variations which can be approved as contained elsewhere in this UDC, site development allowances may be approved provided the applicant specifically identifies each such site development allowance and demonstrates how each such site development allowance would be compatible with surrounding development; is necessary for proper development of the site; and is aligned with the modification standards detailed in Section 17.08.050(C) below.

C.

Modification standards. In addition to the standards for review established in Section 17.08.040, the following modification standards shall be utilized in the consideration of site development allowances. These standards shall not be regarded as inflexible but shall be used as a framework by the City to evaluate the quality of amenities, benefits to the community, and design and desirability of the proposal.

1.

Public gathering space. The planned development includes public gathering space, the amount of which is proportional to the size of buildings or number of dwelling units. The public gathering space is activated through the use of moveable tables and chairs, a fountain or other water feature, a sculpture or other public art feature, benches, seat walls, raised landscape planters, pedestrian scale, and celebratory lighting, and/or other features. The public gathering space is integrated into the overall design of the planned development and has a direct functional or visual relationship to the main building(s) and is not of an isolated or leftover character.

2.

Sustainable design. The planned development is designed with consideration given to various methods of site design and building location, architectural design of individual buildings, and landscaping design capable of reducing energy consumption and improving onsite stormwater management.

3.

Landscape conservation and visual enhancement. The planned development preserves and enhances existing landscape, trees, and natural features such as rivers, streams, ponds, groves, and landforms.

4.

Mix of uses. The planned development is comprised of a mix of nonresidential uses and a mix of housing types.

5.

Affordability. The planned development includes residential dwellings that are deed restricted for households that make less than or equal to eighty (80) percent of the area median income.

6.

Universal design. The planned development includes buildings designed with accessible features such as level access from the street and/or zero entry thresholds.

7.

High quality building materials. The planned development utilizes time and weather tested building materials that are of a higher quality than what is otherwise required by this UDC, including but not limited to masonry or wood.

A.

The process for review and approval of a major or minor planned development shall include the steps and responsible parties outlined in Table 17.08.060 and detailed in Section 17.08.060(B) and Section 17.08.060(C) below.

Table 17.08.060 Planned Development Process and Review Procedures

B.

Major planned development process.

1.

Pre-application conference.

a.

A prospective applicant, prior to submitting a planned development district plan, shall meet for a pre-application conference with the Zoning Administrator. The purpose of the conference is to help the applicant understand the comprehensive plan, UDC, standards by which the application will be evaluated, and the application requirements.

b.

After reviewing the major planned development process, the applicant may request a waiver of any application requirement which in the applicant's judgment should not apply to the proposed major planned development. Such request shall be made in writing prior to the submission of the formal application documents.

c.

All requests for waiver shall be reviewed by the Zoning Administrator. A final determination regarding the waiver shall be given to the prospective applicant following the decision. Denied requests may be appealed to the City Council.

2.

Pre-application neighborhood meeting.

a.

Prior to the submittal of the planned development district plan, the Zoning Administrator may require the applicant to schedule and hold a neighborhood meeting to discuss the proposed planned development district plan and the:

I.

Applicant's goals for the property,

II.

City vision and expectations regarding the character and quality of development,

III.

Infrastructure requirements,

IV.

Potential regulations and standards,

V.

The application and review process,

VI.

Submittal requirements,

VII.

Applicable fees and costs, and

VIII.

Scheduling issues.

b.

A written summary of comments made at the neighborhood meeting shall be maintained and submitted by the applicant with the planned development district plan.

c.

The Zoning Administrator's determination to require a neighborhood meeting may not be appealed to the Board of Adjustment.

3.

Planned development district plan submittal.

a.

The planned development district plan, including all information required in the UDC application requirements, shall be submitted to the Zoning Administrator.

b.

Within fifteen (15) days of receipt of the application, the Zoning Administrator shall review the application to determine that all required information has been submitted and notify the applicant of completeness or deficiencies.

4.

Zoning Administrator planned development district plan report.

a.

Within ten (10) days of the determination of completeness, the application shall be reviewed by the Zoning Administrator pursuant to the criteria in Section 17.08.040.

b.

The Zoning Administrator shall prepare and issue a report to the applicant identifying issues of concern to be addressed as well as a recommendation for approval, approval with conditions, or denial.

c.

The Zoning Administrator shall forward their report to the applicant at least ten (10) days prior to the date of the public hearing before the Planning Commission.

5.

Revised planned development district plan submittal.

a.

The applicant shall revise the planned development district plan as necessary based on the issues of concern identified by the Zoning Administrator.

b.

The revised planned development district plan shall be accompanied by a letter explaining how all of the issues of concern have been addressed and detailing any other changes that have been made to the planned development district plan.

c.

The applicant shall submit the revised planned development district plan to the Zoning Administrator who shall review the revised application for the purpose of ensuring that all required information has been provided and that all issues of concern have been addressed. Once it is determined that all required information has been submitted and all issues of concern addressed, the application shall be referred to Planning Commission. If the Zoning Administrator determines that the required information and/or issues of concern have not been addressed, the Zoning Administrator shall notify the applicant of such deficiencies.

d.

Failure to cure the deficiencies within six (6) months from notification of such deficiencies shall be deemed abandonment of the application if no revised plan is resubmitted without further notice from the City.

6.

Planned development district plan public hearing.

a.

The planned development district plan application shall be scheduled for public hearing before the Planning Commission, and noticed pursuant to Section 17.08.030(D).

b.

The Planning Commission, within thirty (30) days of conducting a public hearing, considering the recommendation of the Zoning Administrator, and reviewing the planned development district plan, shall make a recommendation for approval, approval with conditions, or denial of the planned development district plan to the City Council, based upon the standards for review in Section 17.08.040.

c.

Following the recommendation of the Planning Commission, the planned development district plan shall be scheduled for a public hearing before the City Council and noticed pursuant to Section 17.08.030(D). Notice for the Planning Commission and City Council public hearings may run concurrently.

d.

The City Council, after conducting a public hearing, considering the recommendation of the Planning Commission, and Zoning Administrator, and reviewing the planned development district plan, shall, by ordinance, approve, approve with conditions, or deny the application based upon the standards for review in Section 17.08.040.

e.

If the City Council denies the planned development district plan, the applicant shall be required to restart the process at the pre-application conference stage.

C.

Minor planned development process.

1.

Pre-application conference.

a.

A prospective applicant, prior to submitting a formal planned development overlay plan, shall meet for a pre-application conference with the Zoning Administrator. The purpose of the conference is to help the applicant understand the comprehensive plan, UDC, site development allowances, standards by which the application will be evaluated, and the application requirements.

b.

After reviewing the minor planned development process, the applicant may request a waiver of any application requirement which in the applicant's judgment should not apply to the proposed minor planned development overlay plan. Such request shall be made in writing prior to the submission of the formal application documents.

c.

All requests for waiver shall be reviewed by the Zoning Administrator. A final determination regarding the waiver shall be given to the prospective applicant following the decision. Denied requests may be appealed to the City Council.

2.

Planned development submittal.

a.

The planned development overlay plan, including all information required in the UDC application requirements, shall be submitted to the Zoning Administrator.

b.

Within fifteen (15) days of receipt of the application, Zoning Administrator shall review the application to determine that all required information has been submitted and notify the applicant of completeness or deficiencies.

c.

Failure to cure the deficiencies within six (6) months from notification of such deficiencies shall be deemed abandonment of the application without further notice from the City.

3.

Zoning Administrator planned development overlay plan report.

a.

Within ten (10) days of the determination of completeness, the application shall be reviewed by the Zoning Administrator pursuant to the standards for review in Section 17.08.040 and site development allowances and modification standards in Section 17.08.050(C).

b.

The Zoning Administrator shall prepare and issue a report to the applicant identifying issues of concern to be addressed as well as a recommendation for approval, approval with conditions, or denial.

c.

The Zoning Administrator shall forward their report to the applicant.

4.

Revised planned development overlay plan submittal.

a.

The applicant shall revise the planned development overlay plan as necessary based on the issues of concern identified by the Zoning Administrator in the planned development report.

b.

The revised planned development overlay plan shall be accompanied by a letter explaining how all of the issues of concern have been addressed and detailing any other changes that have been made to the planned development overlay plan.

c.

The applicant shall submit the revised planned development overlay plan to the Zoning Administrator who shall review the revised application for the purpose of ensuring that all required information has been provided and that all issues of concern have been addressed. Once it is determined that all required information has been submitted and all issues of concern addressed, the application shall be referred to Planning Commission. If the Zoning Administrator determines that the required information and/or issues of concern have not been addressed, the Zoning Administrator shall notify the applicant of such deficiencies.

d.

Failure to cure the deficiencies within six (6) months from notification of such deficiencies shall be deemed abandonment of the application without further notice from the City.

5.

Planned development public hearing.

a.

The planned development shall be scheduled for public hearing before the Planning Commission and noticed pursuant to Section 17.08.030(D).

b.

The Planning Commission, within thirty (30) days of conducting a public hearing, considering the recommendation of the Zoning Administrator, and reviewing the planned development overlay plan, shall make a recommendation for approval, approval with conditions, or denial of the application to the City Council, based upon the standards for review in Section 17.08.040 and site development allowances and modification standards in Section 17.08.050.

c.

Following the recommendation of the Planning Commission, the planned development overlay plan shall be scheduled for a public hearing before the City Council and noticed pursuant to Section 17.08.030(D). Notice for the Planning Commission and City Council public hearing may run concurrently.

d.

The City Council, after conducting a public hearing, considering the recommendation of the Planning Commission, and Zoning Administrator, and reviewing the planned development overlay plan, shall, by ordinance, approve, approve with conditions, or deny the planned development overlay plan based upon the standards for review in Section 17.08.040 and site development allowances and modification standards in Section 17.08.050(c).

e.

If the City Council denies the planned development overlay plan, the applicant shall be required to restart the process at the pre-application conference stage. Approval of any planned development overlay plan shall be effective for a period of one (1) year unless a phasing plan and schedule for building permit issuance is approved with the planned development overlay plan. Approval of the planned development overlay plan remains in effect continuously if an application for a building permit is being filed and approved in accordance with the approved phasing and schedule. In the event that the building permit has not been issued within the time set forth herein, or subsequent phases are not submitted in accordance with the approved schedule, the planned development overlay plan shall be deemed null and void and the applicant shall be required to restart the process at the pre-application conference stage.

6.

Post approval actions.

a.

The applicant must comply with the requirements of the City Council and this UDC within one hundred eighty (180) calendar days of Zoning Administrator approval, or the planned development overlay plan approval shall be void and must be resubmitted to the City for Zoning Administrator approval.

b.

The applicant shall submit the following items to the Zoning Administrator:

I.

Electronic file. An electronic (digital) version of the planned development overlay plan in a format acceptable to the Public Works Director, with survey data referenced to the state plane coordinates.

II.

Development agreement. An executed development agreement, as provided by the City and in a form acceptable to the City Attorney.

III.

Title commitment. A title insurance commitment or policy issued by a title insurance company, certified to date of final Zoning Administrator approval of the planned development overlay plan, showing the name of the owner of the land and all other persons who have an interest in, or an encumbrance on the property described on the planned development overlay plan. The applicant shall cause to be joined on said plan those parties necessary to give unencumbered fee simple title to all public rights-of-way contained therein.

IV.

As-built drawings. Provide three (3) copies of as-built drawings for all improvements within sixty (60) days of the final walk-through inspection.

7.

Final recordation. Prior to recording of the planned development overlay plan, the applicant shall supply the Zoning Administrator with either: one (1) print of each page of the planned development overlay plan, measuring twenty-four (24) inches high by thirty-six (36) inches wide, on bond paper or an electronic copy of the plan for purposes of final redline review and revisions. Once the final revisions have been made, the owner shall supply either three (3) original versions of the final plat, in a format acceptable to the City, each containing the signatures of the property owner(s), any signatures necessary to give the City unencumbered fee title to public rights of way, the notary acknowledgment of their signatures, and an original signature and seal of the surveyor who prepared the plat. Following receipt of the plats, the Zoning Administrator shall cause the signatures of the City Administrator and the City Clerk to be affixed to the plats. One (1) original plat of the planned development overlay shall be recorded by the City Clerk in the office of the Fremont County Clerk and Recorder. The recording fee for the approved plat and supplementary documents as required shall be paid by the owner.

(Ord. No. 14-2022, § 6, 8-1-22)

A.

Applicability.

1.

Planned development. All owners granted planned development approval, shall construct or install all public and other required improvements and infrastructure as called for in this UDC and/or as may have been specified as a condition of approval in a timely, complete, and satisfactory manner. All improvements and infrastructure intended for public use shall be dedicated and/or transferred to the City or other public entities free of all liens and encumbrances.

2.

Governmental units. Governmental units to which these contract and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agencies authorized to act on their behalf, agreeing to comply with the provisions of this UDC.

B.

Development agreement and guarantee requirement. No final plat shall be executed by the City and no building permits shall be processed or issued for any lot or property within a involving or requiring the installation of public or other improvements absent the preparation and execution of a written development agreement provided by the City which shall be recorded simultaneously with the or planned development.

C.

Contents of agreement. Such agreement shall, at a minimum, set forth:

1.

Construction specifications for required public improvements,

2.

A construction and completion schedule,

3.

Provisions for security and guarantees concerning the timely and satisfactory completion of the improvements, and

4.

The terms and conditions for the acceptance of the improvements by the City.

D.

Warranty and maintenance. The development agreement shall also include a requirement that all improvements be warranted and maintained by the owner at the cost of the owner until such improvements have been fully accepted by the City.

E.

Agreement to run with the land. A development agreement shall run with the land and bind all successors, heirs, and assignees of the owner.

F.

Security. Development agreements shall include a requirement for the posting of adequate financial security to ensure the timely, complete, and satisfactory construction or installation of all public improvements and infrastructure as called for in the agreement.

1.

Amount of security. Security shall be in an amount not less than one hundred fifteen (115) percent of the estimated cost of completion of all improvements or infrastructure and may be provided by letter of credit, cash escrow, or other financial instrument as approved by the City within its sole discretion.

2.

Letter of credit. If an owner posts a letter of credit as security, it shall:

a.

Be irrevocable,

b.

Be for a term, inclusive of renewals, sufficient to cover the completion, maintenance and warranty periods as required below, and

c.

Require only that the City present the letter of credit with a demand and an affidavit signed by the City Administrator attesting to the City's right to draw funds under the letter of credit.

3.

Cash escrow. If an owner posts a cash escrow, the escrow instructions shall provide:

a.

That the owner shall have no right to a return of any of the funds except as provided below; and

b.

That the escrow agent shall have a legal duty to deliver the funds to the City whenever the City Administrator presents an affidavit to the agent attesting to the City's right to receive funds, whether or not the owner protests that right.

4.

Reduction of security.

a.

Upon preliminary acceptance of a public improvement or public infrastructure, the City shall release all but fifteen (15) percent of total actual costs of construction and installation of all improvements, so long as the applicant is not in default of any provision of the development agreement.

b.

The residual fifteen (15) percent retained by the City shall act as security for the owner's guarantee that the public improvements and infrastructure remain free of defect during the applicable warranty period. The owner may at any time during the preliminary acceptance or warranty period offer to provide a substitute or supplemental form of financial security to that security as originally posted with and/or retained by the City. The City may accept substitute or supplemental forms of security in its sole discretion.

c.

The fifteen (15) percent retained by the City shall be released upon the conclusion of the warrantee period and approval of the public improvements by the Public Works Director.

A.

Determination of level of change. Upon receiving a planned development amendment application, as detailed in the UDC application requirements, the Zoning Administrator shall determine whether the amendment is a minor amendment, or a major amendment based on the criteria detailed in Section 17.08.090(B) and Section 17.08.090(C) below.

B.

Minor amendment. A minor amendment is any change to the approved planned development district plan of a major planned development or the planned development overlay plan of a minor planned development which is consistent with the standards and conditions upon which the planned development district plan or planned development overlay plan was approved, and which does not alter the concept or intent of the planned development. A minor amendment shall not:

1.

Increase density,

2.

Increase the height of buildings,

3.

Reduce open space by more than five (5) percent,

4.

Modify the proportion of housing types,

5.

Change parking areas in a manner that is inconsistent with this UDC,

6.

Increase gross floor area by more than five hundred (500) square feet,

7.

Alter alignment of roads, utilities, or drainage, or

8.

Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the planned development, as determined by the Zoning Administrator.

C.

Major amendment. A major amendment is any change to an approved major or minor planned development which is not considered a minor amendment as detailed in Section 17.08.090(B).

D.

Approval processes. A major amendment to an approved major planned development shall follow the procedure set in section 17.08.060(B) and minor amendment to an approved minor planned development shall follow the procedure set in in 17.08.060(C). A minor amendment to an approved major or minor planned development overlay plan may be approved administratively by the Zoning Administrator.