Granby City Zoning Code

Constitutes a unique and truly innovative project which is represented by the developer to be constructed within a reasonable period of time in relation to the project's size and scope and which will be of economic benefit to the town thereby qualifying the project under this and other criteria for review under these PDOD regulations;

Provides for and improves existing commercial, residential, industrial and educational facilities within the community;

Ensures that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density and open space within other zoning districts will not be applied in a manner which would distort the objectives of the Granby zoning code;

Allows innovations in residential, commercial and industrial development and renewal so that the growing demands of the population may be met by greater variety of types, design and layout of structures and the conservation and more efficient use of open space ancillary to said buildings;

Allows an efficient use of land and of public and private services to reflect changes in the technology of land development so that resulting economics may benefit the community as a whole;

Reduces energy consumption and demand;

Lessens the burden of traffic on streets and highways by encouraging land uses which decrease trip length and encourage the use of public transit;

Conserves the value of the land and preserves environmental quality;

Provides a technique of development which can relate the type, design and layout of residential, commercial and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics;

Encourages integrated community planning and development in order to achieve the above purposes;

Supports the Town's goals for affordable and workforce housing by providing at least ten percent (10%) of all residential units as deed-restricted workforce or affordable units, or alternatively, by paying an approved fee-in-lieu to the Town to support the development of workforce or affordable housing;

Ensures that residential units within the development are located within one-quarter (1/4) mile of a qualified park or open space area;

Provides sidewalks and or trails along public and private streets and improves overall pedestrian and trail connectivity in the Granby area;

Provides for safe and visible pedestrian crossings by locating crosswalks at intervals of approximately three hundred (300) feet along any public or private street, or at such spacing demonstrated to provide equal or better pedestrian safety;

Creates appropriate transitional or buffer areas between different types of land uses;

Creates community gathering places or publicly accessible spaces intended to serve residents of the development and the broader Granby community;

Provides for public art features or facilities to serve the community;

Contributes to increased housing diversity in Granby, by providing a range of housing types, sizes and price points;

Promotes and supports green infrastructure and related sustainability goals;

Encourages or facilitates the creation of accessory dwelling units (ADUs);

Provides for the development of residential or commercial spaces within a 10-minute walking distance of an existing or planned transit stop, thereby supporting transit-oriented access and mobility;

Provides for installation of landscaping features that exceed the minimum landscape standards established by the Town.

Granby Zoning District Regulations. Approval of a PDOD preliminary plan (hereinafter referred to as "preliminary plan") by the Board of Trustees as per the requirements of this chapter shall constitute a temporary overlay district upon the base zone, the base zone being the zone district designation existing prior to the approval of said preliminary plan. If the time limits as spelled out in the development schedule (if available and provided to the Town) expire and no time extensions for the final development plan (hereinafter referred to as "FDP") are approved, then the Board of Trustees, in its sole discretion, may terminate the preliminary plan and may record a resolution with the Grand County clerk and recorder evidencing such termination. Upon such termination, the preliminary plan shall be deemed to have been expired and cease to exist as it relates to all lands within the development for which a final plat and FDP have not been approved (undeveloped lands). Despite such expiration, the zoning of undeveloped lands shall remain the same as it existed under the preliminary plan, except no further permits or approvals, including but not limited to FDP, final plat, or building permit approvals, shall be granted by the Town in connection with the undeveloped lands unless and until the Town has approved a new or amended development plan for the undeveloped lands or a portion thereof. The preliminary plan shall continue to exist and apply to all parts of the development other than the undeveloped lands.

Where an expired PDOD was an approved annexation, the base zone shall be the open district (O), unless the Board of Trustees expressly agrees otherwise.

Upon approval of the preliminary plan, the PDOD shall be assigned a case number and its geographical area outlined on an overlay sheet constituting part of the official zoning map of the Town. The cost to update the official zoning map of the Town shall be paid by the PDOD applicant. This overlay designation and number shall continue until the development schedule in the preliminary plan expires as provided above or is extended or amended or completed. Upon completion of any PDOD project, the designation shall stand unless changed and all documents shall be kept on file for reference.

Land use and development within any PDOD approved pursuant to these regulations shall be controlled by the provisions of the approved PDOD plan and FDP. Specific maps and documents detailing negotiated items and other matters related to these approved plans shall be recorded with the Grand County clerk and recorder and duplicate files of said plans and documents kept on file for ready reference in the administrative offices of the town clerk.

Subdivision Regulations. The provisions of these regulations concerning PDODs are not intended to eliminate or replace the requirements applicable to the subdivision of land or airspace, as defined in state statutes and the codes and regulations of the Town. The uniqueness of each PDOD may require that specifications for the width and surfacing of streets, public ways, public utility rights-of-way, curbs, and other standards may be subject to modifications from the specifications established in the subdivision regulations adopted by the town, if the reasons for such exceptions are well documented. Modifications may be incorporated only with the approval of the Planning Commission and the Board of Trustees as a part of its review of the development agreement for a PDOD and shall conform to acceptable engineering, architectural and planning principles and practices. It is the intent of this chapter that any subdivision review under the subdivision regulations be carried out either:

Property involving previously zoned land in the town. Any use permitted by the base zone district may be specified in the PDOD sketch, preliminary plan and FDP documents.

Property being annexed into the town desiring PDOD district designation. During annexation and the PDOD approval process, uses and their locations are to be itemized and generally located on the site plan. All industrial uses must be buffered by suitable open space from commercial, office and residential uses.

Additional uses beyond those allowed by the base zone district may be permitted subject to site plan review by the Planning Commission and Board of Trustees; provided the Planning Commission and Board of Trustees find such uses are designed and/or intended for the use of residents and/or property owners, and/or the general public, of the subject PDOD and such uses are compatible with the Granby Comprehensive Plan and uses on surrounding properties. No uses shall be permitted, except in conformance with a specific and precise FDP pursuant to the procedural and regulatory provisions herein.

A general pre-application conference;

A sketch plan; the Director of Community Development or their designee may waive the sketch plan requirement upon determining that, in consideration of the completed pre-application conference, the sketch plan is not likely to provide any additional benefit to the applicant or to the Town. The Director of Community Development or their designee shall provide written notification to the applicant of any such waiver;

A preliminary development plan (PDP); and

A final development plan (FDP). If the applicant seeks to develop the project in phases, the Planning Commission and Board of Trustees may, in their discretion, postpone to a time deemed appropriate by the Board of Trustees the obligation of the applicant to fulfill any of the submission requirements set forth in this article as they relate to any delayed phase of the project. These regulations are intended to be applicable to large as well as small project sites. Applicants are encouraged to combine subdivision with the PDOD process where appropriate and after conferring with town staff and/or the Planning Commission.

Submission Requirements. The preliminary plan shall embrace all properties which are to be included in the proposed development and shall be sufficiently detailed to allow for an effective review.

Written Documents. The applicant shall submit a written statement which shall include, at a minimum, the following information:

Graphic Documents. A site plan(s) and supporting maps and drawings shall be at an appropriate scale so that town staff and officials may understand the basic concepts proposed by the applicant. The plan(s) shall include, at a minimum, the following information:

Additional Information. The Planning Commission may require additional information from the applicant to evaluate the character and impact of the proposed PDOD on the town. In particular, and regarding large developments, the Planning Commission may need to assess the fiscal impact of the proposed development on the town over the period of the generalized development schedule. Evaluations of this nature may require submittal of additional information such as market feasibility studies by the applicant. The applicant shall also provide a completed application form, pay the administrative fee associated with the processing of the Preliminary Plan, and sign a reimbursement agreement to cover the costs of outside consultants reviewing the application.

Approval Process for Preliminary Plan.

Submission Requirements. The FDP shall include all of the information required in the preliminary plan in its finalized, detailed form plus any additional items included below. Omissions are cause to continue or deny the application.

Written Documents. The applicant shall submit a written statement which shall include the following additional information:

Graphic Documents. The applicant shall submit finalized site plan graphics which shall include the following information:

Graphic Plan Format. Various maps will need to be recorded with the Grand County clerk and recorder as part of the approval of the FDP. These maps shall be drawn up using the following format unless determined otherwise by the town staff or Planning Commission in coordination with the developer:

Review Procedure.

Final Development Plan Special Review. Each approved FDP must contain a detailed development schedule of public and private improvements. The town staff shall monitor this schedule, and failure of the developer to substantially adhere to it shall be cause for a FDP special review by the Planning Commission. The Planning Commission special review shall commence if one or more of the following situations arises:

PDOD Special Review. The PDOD special review will be undertaken by the Planning Commission to determine if the developer can verify that the original assumptions and plans of the PDOD are still appropriate. At this review, the development schedule shall be recommended to be formally amended or the FDP is declared null and void, in whole or in part. Proceedings of this review shall be forwarded to the Board of Trustees for its review and approval of the amended development schedule or voiding of all or part of the plan. Voiding of the PDOD must be done in a public hearing conducted by the Board of Trustees. No development may proceed until these formal amendments and approvals are made. Should the plan be declared null and void, the PDOD is stricken from the official map and the zoning of such areas shall revert to their base zone district. If there is no base zone district for such stricken areas, then such areas shall be zoned open.

Review Fees. In order to cover town expenses for conducting the FDP special review, the developer shall pay, on demand, a fee equivalent to 50% of the original FDP review fee. In addition to direct collection, failure to pay fees will trigger declaring the FDP null and void and require the developer/applicant to resubmit and pay all associated application and review fees. A request by the developer for an extension does not require the payment of fees.

Promote the economic growth of the Granby community;

Provide for and improve existing commercial, residential, industrial and educational facilities within the community;

Ensures that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density and open space within other zoning districts will not be applied in a manner which would distort the objectives of the Granby zoning code;

Allows for innovation in residential, commercial, and industrial development;

Allows an efficient use of land and of public and private services;

Reduces energy consumption and demand;

Lessens the burden of traffic on streets and highways by encouraging land uses which decrease trip length and encourage the use of public transit;

Conserves the value of the land and preserves environmental quality;

Encouraging development that preserves the natural characteristics of a site;

Encourages integrated community planning and development;

Supports goals for affordable and workforce housing, including encouraging greater housing diversity and incentivizing accessory dwelling units;

Provides for proximity of residents to parks and open spaces;

Provides multimodal improvements, including sidewalks, trails, crosswalks, transit stops, and related features;

Encourages the development of community gathering places, public art, enhanced buffer spaces, and enhanced landscaping.

Reasonable compatibility with the densities of the surrounding development.

Concern for the general criteria that the densities negotiated will allow the development to work from the following standpoints:

Concern for the interrelationship between density, height, open space and vehicle accommodation which promotes quality development for the benefit of residents and visitors alike.

The relationship of density to the general theme of the proposed development.

General. The amount of open space in a PDOD is a negotiable item and is to be expressed in terms of acres and percentages on the entire PDOD site and any of its subparts or development parcels. Open space shall be land areas not occupied by buildings or structures and attachments thereto, parking areas, driveways, streets or alleys. Said open space shall be devoted to landscaping, planting, patios, walkways, recreational areas and facilities, and preservation of natural features.

Open space negotiations are to be carried out in relation to the following criteria:

Landscape Plan. All industrial, commercial, commercial residential, or mixed use PDODs or portions of PDODs that are commercial or industrial in nature shall submit a landscape plan for these areas at the FDP review stage.

Recreation Improvements. Recreation facilities or structures and their accessory uses located in common recreation areas shall be considered open space so long as total impervious surfaces, including courts and roofs, constitute no more than 10 percent of the total open space negotiated for the development.

Natural Physical Characteristics.

Administration and Maintenance. The following provisions shall govern the administration of the common improvements and open space in all PDODs approved pursuant to these regulations:

Streets and Ways.

Public Transit. All FDP site designs are to include, where appropriate, an emphasis on public transit access by providing convenient and covered loading and unloading points.

Parking and Loading. Parking shall be provided as per the off-street parking requirements found elsewhere in these zoning regulations as defined in the base zoning district of the FDP. A detailed parking plan is to accompany all FDP applications.

Bridges. If any bridges are to be constructed within the PDOD on public or private ways (roads, streets, paths, etc.), these are to be built at the developer's expense to town standards and in full compliance with the dredge and fill laws of local, state and federal jurisdictions.

Public Safety Access. All PDOD proposals will be submitted to the Grand Fire Protection District No. 1 for review and comment and shall comply with their design and approval standards.

Height. Height limits are defined by the base zone under the overlay PDOD area, or may be defined within the PDOD standards. The method of measuring height is outlined in Chapter 16.10 GMC.

Spacing/Setbacks.

Definition of the perimeters of a PDOD utilizing opaque barriers or fences are a negotiable item should they be desired by the applicant. Negotiations are to be carried out in relation to the following general criteria:

Where a PDOD is adjacent to a railroad, state or federal highway right-of-way, a permanent open space at least 30 feet in width shall be required as a setback from such right(s)-of-way. The exceptions to this rule are the CB, MU-34/40, and MU-1 districts. This area shall be kept free of buildings, structures and parking and contain permanently maintained landscaping, unless screened or protected by natural features or fences or other types of barriers. Fences or barriers on the highway rights-of-way shall be negotiated using the criteria above.

General drainage and utility off-site connections are to be discussed at the preliminary plan stage.

The FDP is to include a drainage plan with contours drawn at a minimum of two-foot intervals.

The drainage plan is to avoid point source drains from the development without design of catchment basins or other suitable means to reduce pollution and sedimentation of the Colorado and Fraser Rivers and their tributaries.

The drainage system shall be designed for the PDOD by a registered professional engineer and shall be constructed in accordance with such design. Both on- and off-site improvements are to be constructed by the planned development developer.

The drainage plan shall include techniques and measures to prevent erosion on the site as well as into the Fraser or Colorado River or any of their tributaries during and after construction.

The storm drainage and runoff system is to be directed towards the nearest natural drainage way and designed for sufficient capacity to accommodate historical flows from a 100-year design storm onto and from the PDOD plus the increased runoff from all areas of the PDOD in its developed state. All drainage construction areas are to be relandscaped. The PDOD may not divert historical incoming flows to adjacent properties during or after construction nor increase flows on adjacent properties.

Final locations of connection points to existing utility systems both on or off the site, line layouts and sizes are to be provided at the FDP plan stage.

Enforcement. The provisions of the approved FDP may be enforced by the town and/or by the occupants, residents and owners of the PDOD to the extent and in the manner provided by Section 24-67-106, C.R.S. In addition to and without limitation on such powers of enforcement, the approved PDOD or the FDP of the development may provide for additional rights and remedies as against the landowner in the event of any violation of the provisions of the plan.

Conflict with Other Laws. This chapter shall be liberally construed in furtherance of the purposes stated herein to encourage the use of PDODs. If the provisions of any existing ordinances or regulations of the town of Granby, including without limitation the Granby zoning code and subdivision regulations, are found to be expressly inconsistent or at great variance with the provisions of this chapter, the provisions of this chapter shall control. All existing ordinances or regulations of the town or parts thereof, which are inconsistent with the provisions contained herein, to the extent of such inconsistency, are hereby superseded by these PDOD regulations.