In accordance with Section 24-67-101, et seq., C.R.S., the Planned Unit Development Act of 1972, the purpose of the PD District is:

A.

To permit diversification and innovation in community development while maintaining public safety, convenience, health and general welfare;

B.

To preserve to the greatest extent possible the existing landscape features and amenities and to utilize such features in a harmonious fashion;

C.

To promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems and utilities;

D.

To promote flexibility in design and permit planned diversification in the location and use of structures;

E.

To allow compatible land uses to be developed in accordance with a general development plan which has been designed to be in harmony with surrounding neighborhoods;

F.

To combine and coordinate architectural styles, building forms and building relationships within the planned developments;

G.

To improve the design, character and quality of new development;

H.

To promote the beneficial and economical use of land in the physical and economic development of the Town; and

I.

To provide for necessary commercial, recreational, employment and educational facilities conveniently located to housing.

(Ord. 2012-18 §1)

Applications for inclusion in a PD District may be made for any lands located within the boundaries of the Town or any lands in the process of being annexed to the Town. However, PD zoning will only be approved if the proposed PD Plan is deemed to be in accordance with the Town's master plan and policies.

(Ord. 2012-18 §1)

A.

A PD District is established upon Town Council approval of a PD Plan (PDP), PD zoning regulations, and development agreement. Mortgagees and lienholders are required to subordinate their lien against the subject property to the development agreement. Thereafter, one or more Site Development Plans (SDP) may be processed designating site specific development proposals within the PD (see Chapter 17.38, CRMC).

B.

No property shall qualify for the issuance of a building permit until a Site Development Plan and all necessary subdivision approvals under Title 16, CRMC and construction permits under Title 15, CRMC have been granted for the property.

(Ord. 2012-18 §1)

All provisions of this Title, as amended from time to time, shall apply in PD Districts unless otherwise expressly provided in the PD documents.

(Ord. 2012-18 §1)

A.

The PD Plan shall provide for a minimum of 20% of the gross site area for open space use as defined below. This percentage is a minimum only, with the actual appropriate amount of open land dependent on specific, unique characteristics of the site and proposed development. In addition, the Town subdivision regulations require the dedication of lands for public ownership and use (Public Land Dedication - PLD), such as parks, schools and service facilities. PLD shall be made in accordance with Chapter 16.08, CRMC. No portion of the open space designated on the PD Plan shall be used to offset the Town's PLD requirement within the PD. Open space is defined as lands which are suitable for:

1.

Development of active recreation uses, such as traditional parks, playfields, tennis courts, playground equipment, picnicking facilities, swimming pools, golf courses, greenways, trails and joint use school and park facilities;

2.

Environmental preservation of significant natural areas such as buttes, bluffs and other geologic formations, water bodies/resources, wildlife habitat areas, fragile ecosystems (wetlands) and vegetative stands; or

3.

Preservation of lands which preserve significant views, provide transitions between different densities and uses (buffers), and otherwise serve to give shape and form to the proposed development and surrounding community.

B.

In evaluating the siting and sufficiency of proposed open space areas within a PD Plan, the following factors shall be considered:

1.

The Town's Comprehensive Master Plan for environmental preservation, recreation and open lands and other Town open space standards and plans.

2.

The environmental characteristics and significance of the site.

3.

The location, use and relationship of the proposed open space areas to the development areas within the PD. Public or private common-use open space areas should be accessible and available to the occupants of the proposed residential dwelling units.

4.

Provision for adequate pedestrian and bicycle trail systems.

5.

The buffering needs of adjacent existing and planned land uses.

6.

Neighborhood, community and regional recreational use area standards as applied to the proposed resident population of the PD.

7.

View corridors within the PD and other visual/scenic assets of the site.

8.

The degree to which the proposed open space areas contribute to the quality, livability and amenity of the PD.

9.

For multi-family, townhome and condominium developments, common open space and other recreational amenities accessible to the residents of the project may be credited towards the overall PD open space requirement.

C.

The Town shall determine whether open space is to be dedicated to the Town or be privately owned and maintained. Marketable title to open space shall be conveyed to the Town or a private entity in fee simple ownership, free and clear of liens and encumbrances. Public open space shall be in a physical condition acceptable to the Town at the time of conveyance. Open space which is to be retained as private space shall be held for common use and perpetually protected by appropriate covenants and a homeowners' association, quasi-municipal corporation or other institutional mechanism with the demonstrated financial and management capabilities necessary to control, construct and maintain the mutually owned property.

D.

Open Space and Public Land Dedication Plan (OS/PLD plan). The PD Plan or a supplemental plan document shall contain an overall open space and PLD plan, which shall indicate major open space areas and PLD areas labeled according to general use and type. The OS/PLD plan shall also indicate the proposed trail system within the PD and planned linkages to adjacent community and regional trail systems. The OS/PLD plan shall include a schedule indicating the amount and timing of public open space conveyances and private open space reservations. Conveyances of OS/PLD must keep reasonable pace with the progression of platting and development within the PD.

(Ord. 2012-18 §1)

Setbacks from major roadways, setback buffers between use areas and similar setback issues shall be addressed and defined with the PD Plan.

(Ord. 2012-18 §1)

A.

PD Plan must demonstrate that adequate public facilities and services for the project can be provided in a cost-effective manner. The cost to the Town in providing services to the PD will be considered in light of the project's fiscal impact.

B.

Except as otherwise provided in the development agreement, all on-site and off-site capital improvements necessary to accommodate the proposed PD are the responsibility of the development. If appropriate, the Town may provide for recoupment for oversized and jointly utilized facilities within the development agreement.

(Ord. 2012-18 §1)

The rights to all Denver Basin ground-water underlying the PD and any additional water rights necessary to serve the PD shall be conveyed to the Town at the time of recordation of the PD Plan or major amendment to a PD Plan, if such requirements were not previously met. The Town may deny a request for approval of a PD Plan or place restrictions on future development if sufficient water rights have not been conveyed to the Town to serve the PD.

(Ord. 2012-18 §1)

All PD Plans shall include a comprehensive phasing plan. The phasing plan shall present a logical development sequence for sub-areas of the PD designed to provide for cost-effective roadway, utility and other infrastructure and service extensions. PD phasing plans shall be subject to periodic review by the Town.

(Ord. 2012-18 §1)

A fiscal impact evaluation may be required for any new PD or major amendment to an existing PD involving significant changes to use and/or density. The applicant will be required to cooperate with the Town in providing the necessary information for the evaluation. The cost of preparing the fiscal impact evaluation shall be borne by the PD applicant. The analysis shall generally consist of a comparison of the project's projected direct revenues (property, sales and use tax generation) to projected costs of providing urban services to the development. The analysis shall examine the revenue/cost comparison not only at full build-out, but at appropriate phases of development as the project builds out over time.

(Ord. 2012-18 §1)

At the time of approval of an annexation, PD Zoning or a major PD Plan amendment, the applicant shall enter into a development agreement with the Town to address required infrastructure improvements, development phasing, open space conveyances, water rights conveyances, Town service obligations and other relevant items. In addition, it must be shown that the project's land use mix, rate of anticipated build-out, and overall developer commitments are adequate to support the infrastructure and other costs, which must be borne by the development.

(Ord. 2012-18 §1)