(a)

The purpose of this chapter is to permit the application of new technology, combinations of uses and greater freedom of design in land development than may be possible under strict interpretation of the other provisions of this title. The intent and purpose of this chapter is to permit and encourage innovative design and high quality master-planned developments through greater flexibility in the application of zoning and development standards. The density of uses and magnitude of development, however, must be of such design and scale to be appropriate and consistent with the character of the town and in harmony with the environment and surrounding neighborhood.

(b)

Any application for a planned unit development (PUD) shall be submitted and processed simultaneously with the processing of the subdivision application for the same property.

(c)

Because a PUD is intended to be a combination of different uses (residential and commercial or residential/commercial/industrial), before requesting approval of a PUD zone district limited solely to residential uses, the applicant is encouraged to consider the utilization of existing residential zone districts as established by this zoning code in preference to a PUD in order to achieve this Code's stated purpose of a "coordinated, adjusted and harmonious development of the town consistent with its established character," section 18.01.010. If a PUD zone district limited solely to residential uses is proposed, applicant shall state why existing zone districts could not be utilized for this development.

(d)

A PUD is expected to preserve critical environmental resources, provide above-average open space and recreational amenities, include exceptional design, and provide greater efficiency in the layout and provision of roads, utilities and other infrastructure.

(e)

The scope of review for a PUD by the town shall include architectural approval or control, limited to review consistency and compatibility with the environment, surrounding neighborhood and the town.

(f)

This chapter is enacted pursuant to the Planned Unit Development Act of 1972 as amended, §§ 24-67-101, et seq., C.R.S., and the provisions of said Act as now enacted and as hereafter amended are hereby declared to be superseded by the provisions of this chapter, § 24-67-107(1), C.R.S.

The following standards and requirements shall govern and shall be applied in the review and consideration of the application for a planned unit development (PUD):

(1)

The PUD shall be consistent with the intent of the master plan and the policies therein, including the commercial and residential land use designations, and shall include references to specific provisions of the master plan when appropriate.

(2)

Every PUD shall include adequate, safe and convenient arrangements for pedestrian and vehicular circulation, off-street parking, loading space and sidewalks.

(3)

The town council may require such setbacks, lot widths, street widths and space between buildings as necessary to provide adequate access, fire protection and snow removal, to insure proper ventilation, light, air, snow storage and snow melt between buildings, and to insure that the PUD is compatible with other development in the area. As a general guide, 20 feet between buildings is considered minimum.

(4)

Open space for the PUD shall be planned to produce maximum usefulness to the residents of the development and the general public for purposes of recreation, scenery, and to produce a feeling of openness. All areas designated as common or public open space pursuant to the requirements of this chapter shall be accessible by proper physical and legal access ways.

(5)

Water and sewer service shall be provided by connection to central facilities, unless otherwise approved by the town council, the Colorado Department of Public Health, and the local health authorities.

(6)

The PUD shall be designed to provide for necessary commercial, recreational and educational facilities conveniently located to residential housing.

(7)

Clustered housing and other buildings shall be encouraged to promote maximum open space and economy of development and variety in type, design and layout of buildings.

(8)

The permitted uses in the PUD zone district shall be proposed by the applicant for inclusion in the final PUD development plan. Only those uses designated P, C or S in the tables of uses in this zoning code may be proposed or considered for inclusion as permitted uses in a PUD zone district. Accessory uses in a PUD zone district, including home occupations, shall be subject to chapter 18.10.

(9)

Applicant shall propose specific development standards for the permitted and accessory uses in the PUD zone district for approval and inclusion in the final PUD development plan addressing the same requirements set forth in chapter 18.05, development standards, for nonresidential, residential and setbacks and encroachments.

The following criteria shall be utilized by the planning and zoning commission and the town council in evaluating any application for approval of a PUD zone district:

(1)

PUD development plan. The application must include a PUD development plan which may include, but need not be limited to, permitted uses; development standards; easements, covenants, and restrictions relating to use, location, and bulk of buildings and other structures, intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrian areas, parking facilities, common open space and other public facilities; and provisions for maintenance of common property. Provisions of the PUD development plan means the written and graphic materials (which shall include architectural renderings) presented in support of the plan presented.

(2)

Open space. A minimum of 25 percent of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public. Unusable open space, such as unusable drainage detention and conveyance areas, shall not be included in the required 25 percent. Usable open space (see section 18.02.580) shall be designed and intended primarily for the use and enjoyment of the residents, occupants and owners of property within the PUD, but at least one-half of the usable open space within the PUD shall also be open to and accessible by the general public.

(3)

Residential density. Density shall be limited as required by the town council upon consideration of the master plan adopted in accordance with § 31-23-206(1), C.R.S., and individual characteristics of the subject land, but shall not exceed 15 residential dwelling units per acre of net developable land area.

(4)

Density of other uses. The density of nonresidential uses shall be limited as permitted by the town council upon consideration of the master plan and individual characteristics of the subject land.

(5)

Architecture. Each structure in the PUD shall be designed in such manner as to be consistent and compatible with other structures in the area, yet to avoid uniformity and lack of variety in structural designs within the PUD.

(6)

Uses.

a.

Mixed uses. The PUD shall be designed, insofar as practicable when considering the overall size of the PUD, to provide commercial, recreational, educational and transit amenities to its residents to lessen increased traffic and traffic congestion, and to increase walkability and sustainability of the PUD.

b.

Types of uses. A PUD may include any uses approved by the town council as consistent with the master plan, this zoning code and the characteristics of the subject land, and as deemed compatible with other development in the area of the PUD. Only those uses designated P, C or S in the tables of uses in this zoning code may be proposed or considered for inclusion as permitted uses in a PUD zone district.

(7)

Minimum area. A PUD shall not be approved on a parcel of land less than five acres in area.

(8)

Maintenance of common property. No PUD shall be approved unless the applicant confirms that the landowner has provided for or established an adequate organization for the ownership and maintenance of common open space, private streets, roads, ways, drives, pedestrian areas and parking facilities within the PUD (hereinafter collectively referred to as "common property"). In the event that the organization established to own and maintain such common property, or any successor organization, shall at any time after approval of the PUD fail to maintain the common property in reasonable order and condition in accordance with the PUD development plan, the following procedures may be initiated by the town council.

a.

The town council may serve written notice upon the maintenance organization or upon the residents of the PUD setting forth the maintenance deficiencies. The notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the time, date and place of a hearing thereon before the town council which shall be held within 15 days of the date of notice.

b.

At such hearing, the town council may modify the terms of the original notice as to deficiencies, including granting an extension of time within which they shall be cured.

c.

If the maintenance deficiencies set forth in the original notice or in the modifications thereof are not cured within said 30 days or any extension thereof, the town, in order to protect the public health, safety and welfare, ensure the benefits or services intended, preserve the taxable values of the properties within the PUD and to prevent the common property from becoming a public nuisance, may enter upon the common property and maintain the same for a period of one year. Such entry and maintenance shall not vest in the public any rights to use the common property except when it is dedicated to the public by the owners.

d.

Prior to the expiration of the year of town maintenance, the town council shall call a public hearing upon notice to the organization responsible for the maintenance of the common property, and to the residents and property owners of the PUD, at which hearing such organization and the property owners shall show cause why such maintenance by the town shall not, at the election of the town council, continue for a succeeding year. If the town council shall determine that a responsible organization is ready and able to maintain the common property in reasonable condition, the town shall cease to maintain the common property at the end of said year. If the town council shall determine that a responsible organization is not ready and able to maintain the common property in a reasonable condition, the town, in its discretion, may continue to maintain the common property during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

e.

The cost of maintenance of such common property by the town, plus a surcharge determined by the town council in its sole discretion, but not to exceed five percent of the cost of maintenance, shall be assessed to and paid by the owners of properties within the PUD that have a right of enjoyment of the common property. Any unpaid assessments shall become a tax lien on said properties. The town shall file a notice of such lien in the office of the county clerk and recorder upon the properties affected by such lien within the PUD and shall certify such unpaid assessments to the board of county commissioners and the county treasurer for collection, enforcement, and remittance in the manner provided by law for the collection, enforcement, and remittance of general property taxes.

f.

The requirements for maintenance of common property shall be deemed conditions of approval of every PUD, even though the PUD plan may fail to incorporate or recite them. The authority of the town to maintain such common property in a PUD shall be in addition to any other right or remedy, including but not limited to actions for breach of contract, violations of the Gypsum Municipal Code and the PUD development plan, or nuisance.

(9)

Consent of landowners. No PUD may be approved by the town council without the written consent of the landowner or landowners whose properties are included within the PUD. All owners of land within the proposed PUD shall sign each application form requesting consideration or approval of any PUD. Subsequent amendment or modification of a PUD zone district shall not require the consent of all landowners within the PUD, but shall require notice and hearing as provided in section 18.08.180 before such amendment or modification is enacted.

The provisions set forth in sections 18.08.050 through 18.08.190 shall be observed when an application for PUD approval is submitted for consideration. The PUD application shall be considered concurrently as a preliminary subdivision plan application, in accordance with the town subdivision regulations.

A preapplication conference shall be held with the planning and zoning commission for the purpose of establishing general considerations and comments, guidelines and eliciting direction regarding a proposed PUD. The preapplication conference is a vehicle intended to provide the applicant with general guidance and knowledge of the acceptability of any proposed PUD prior to the expenditures of large amounts of time and money in the planning effort.

Sixty days prior to the planning and zoning commission meeting at which it is to be considered, an applicant shall submit to the planning department in an electronic format acceptable to the planning department the completed PUD sketch plan application form, the overall PUD development sketch plan, supplemental PUD application information and the proposed PUD development plan (all of these submissions shall be collectively referred to herein as the "PUD sketch plan"). One paper copy of the PUD sketch plan shall also be submitted for the file. The PUD sketch plan shall include all materials and information required by the subdivision regulations for a subdivision sketch plan application, and the following information in conceptual or schematic design or report form:

(1)

Reasons PUD procedure is more desirable than conventional zoning;

(2)

Proposed land uses, building locations and housing unit densities;

(3)

Proposed development standards for the PUD;

(4)

Proposed circulation pattern indicating the status of street ownership;

(5)

Proposed open space and common property uses, including verification by a professional land surveyor that the 25 percent open space requirement is met;

(6)

Proposed grading and drainage pattern;

(7)

Proposed method of water supply and sewage disposal; Note: Booster stations and lift stations are discouraged;

(8)

Economic and supporting data to justify any proposed commercial and industrial elements in an area not so zoned;

(9)

Relation of the proposed PUD to the surrounding area and master plan;

(10)

Proposed schedule of PUD phasing;

(11)

Proposed easements, covenants, conditions and restrictions;

(12)

Copies of owners' association ("organization") documents that provide an acceptable program for the continuing maintenance of common property within the PUD and that detail the type of organizational structure responsible for such ongoing maintenance;

(13)

Draft environmental impact report, unless applicant has requested and has been granted a waiver by the planning and zoning commission at the preapplication conference;

(14)

Statement by a qualified professional as to the impact of the proposed PUD upon the public school system;

(15)

Statement by a qualified professional of the estimated demands for town services, including but not limited to water, sewer, transportation, park and recreation, and law enforcement;

(16)

Statement by a qualified professional of the projected town sales, use and property tax revenue based upon the previous year's tax levy, and a schedule of projected receipts of that revenue;

(17)

Conceptual plans of all architectural forms anticipated for development within the PUD;

(18)

Preliminary site plans and preliminary architectural plans proposed for the first phase of proposed development;

(19)

Statement by a qualified professional of the estimated demands for fire protection and ambulance service;

(20)

"Will serve" letters from utility service providers.

(21)

Statement by a qualified professional as to the impact of the proposed PUD upon wildlife.

(22)

Any other documents or materials deemed necessary by the planning department for review of this application.

Prior to consideration of the PUD sketch plan by the planning and zoning commission, the planning department shall distribute for comment, copies of the PUD sketch plan to the town manager, town attorney, town engineer, public works director and other referral agencies as required by the subdivision regulations or as otherwise deemed appropriate.

The planning and zoning commission shall review and consider the PUD sketch plan and comments from referral agencies at a public meeting (PUD sketch plan review meeting), or in its discretion, at a public hearing. To recommend to the town council approval of the PUD sketch plan, the planning and zoning commission must determine that:

(1)

There are special physical conditions or objectives that the PUD will satisfy to warrant a departure from standard zoning code and the PUD is being requested to encourage innovative and creative design and to promote a mix of land uses;

(2)

The PUD will not be inconsistent with the master plan objectives, unless the commission determines that the character of the neighborhood has changed since the master plan was adopted or that the master plan was based on erroneous assumptions;

(3)

The areas adjacent to the proposed PUD can be planned to be in substantial harmony with the proposed PUD;

(4)

The adjacent and nearby areas will not be detrimentally affected by the proposed PUD;

(5)

The proposed PUD can be completed within a reasonable period of time;

(6)

Any proposed commercial or industrial development can be justified economically;

(7)

The streets are adequate to support the anticipated traffic and the development will not overload the streets outside the PUD;

(8)

Proposed public improvements, including utilities and drainage facilities are adequate to serve the PUD;

(9)

The PUD development plan, including permitted uses and development standards for the PUD, is acceptable.

The planning and zoning commission shall, either at the PUD sketch plan review meeting, or at the public hearing, or within 45 days thereafter:

(1)

Table the PUD sketch plan for a period not to exceed 95 days for additional study, to obtain additional necessary information, or to have the applicant revise the application or PUD development plan;

(2)

Recommend the town council approve the PUD sketch plan as submitted, with certain conditions as specified by the commission, if any; or

(3)

Recommend the town council deny the PUD sketch plan, or certain portions thereof, with all reasons for such recommendation clearly stated.

At a public meeting within 45 days after receiving the planning and zoning commission's recommendations, the town council shall consider the PUD sketch plan and the commission's recommendations. Based on the same criteria set forth for PUD sketch plan review by the planning and zoning commission in section 18.08.080, the town council shall:

(1)

Approve the PUD sketch plan as submitted, with certain conditions as specified by the town council, if any;

(2)

Deny the PUD sketch plan as submitted, or certain portions thereof, with all reasons for denial clearly stated. An application for a PUD preliminary plan shall not be accepted following denial of a PUD sketch plan;

(3)

Table the PUD sketch plan for a period of not more than 60 days for additional study, to obtain additional necessary information, or to have the applicant revise the application or PUD development plan; or,

(4)

Refer the PUD sketch plan back to the planning and zoning commission with specific instructions for additional study and recommendations, for a period not to exceed 60 days.

Sixty days prior to the planning and zoning commission meeting at which it is to be considered, an applicant shall submit to the planning department in an electronic format acceptable to the planning department the completed PUD preliminary plan application form, the overall PUD development preliminary plan, the supplemental PUD application information and the proposed PUD development plan (all of these submissions shall be collectively referred to herein as the "PUD preliminary plan"). One paper copy of the PUD preliminary plan shall also be submitted for the file. The PUD preliminary plan shall include all materials and information required by the subdivision regulations for a subdivision preliminary plan application, all of the information for the PUD sketch plan set forth in section 18.08.060, plus the following information:

(1)

A complete environmental impact study;

(2)

Any information requested or required by the town council as part of its approval of the PUD sketch plan.

Prior to consideration of the PUD preliminary plan by the planning and zoning commission, the planning department shall distribute for comment, copies of the PUD preliminary plan to the town manager, town clerk and town treasurer, town attorney, town engineer, public works director, and other referral agencies as required by the subdivision regulations or as otherwise deemed appropriate.

At a public meeting (PUD preliminary plan review meeting) or, in its discretion, at a public hearing, the planning and zoning commission shall review the PUD preliminary plan based on the same criteria for review of the PUD sketch plan as set forth in section 18.08.080, and the conditions of approval set forth in the town council's approval of the PUD sketch plan.

The planning and zoning commission shall, either at the PUD preliminary plan review meeting, public hearing or within 45 days thereafter:

(1)

Table the PUD preliminary plan for a period not to exceed 95 days for additional study, to obtain additional necessary information, or to have the applicant revise the application;

(2)

Recommend the town council approve the PUD preliminary plan as submitted, with certain conditions as specified by the commission, if any; or

(3)

Recommend the town council deny the PUD preliminary plan, or certain portions thereof, with all reasons for such recommendation clearly stated.

At a public hearing within 45 days after receiving the recommendations from the planning and zoning commission on the PUD preliminary plan, the town council shall consider the PUD preliminary plan and the commission's recommendations. The public hearing on the PUD preliminary plan before the town council shall afford procedural due process to all interested parties. Public notice of the public hearing shall be given in the manner prescribed in section 18.15.040 for amendment of the zoning code, including the additional requirement that written notice of the public hearing be delivered or mailed, first class postage prepaid, to adjacent property owners not less than 15 days prior to the date of the public hearing. Based on the same criteria for review of the PUD preliminary plan as incorporated in or as fully set forth in section 18.08.130 by the planning and zoning commission, the town council shall:

(1)

Approve the PUD preliminary plan as submitted, with certain conditions as specified by the town council, if any;

(2)

Deny the PUD preliminary plan as submitted, or certain portions thereof, with all reasons for denial clearly stated;

(3)

Table the PUD preliminary plan for a period of not more than 60 days for additional study, to obtain additional information, or to have the applicant revise the application or PUD development plan; or

(4)

Refer the PUD preliminary plan back to the planning and zoning commission with specific instructions for additional study and recommendations, for a period not to exceed 60 days.

In addition to the requirements of this chapter, the town council may attach conditions it finds necessary to carry out the purpose of this title. These may include, but are not limited to:

(1)

A requirement that, prior to approval of the final plat by the town council as required by section 17.20.050 of the subdivision regulations, the applicant shall provide construction security to secure the construction of the required improvements as identified in the subdivision improvement agreement in the form of a letter of credit, bond, cash or other financial security that is easily convertible into cash in a form acceptable to the town to assure that the PUD is completed according to the PUD preliminary plan approved by the town council;

(2)

Approval of development of the PUD in phases, if requested by the applicant.

For purposes of chapter 18.08 of title 18, approval of the PUD preliminary plan shall be considered the final step for approval of the PUD zone district. However, completion of the PUD process shall also require passage of an ordinance by the town council identifying and designating the PUD zone district upon completion of the submission requirements for the final plat, including approval thereof by the planning commission and approval by the town council of the final plat, both as required by section 17.20.050. The final plat shall include and be consistent with the PUD preliminary plan as finally approved and shall include all of the terms and conditions of the PUD development plan, including all permitted uses and development standards for the PUD, and any other requirements established by the planning director. No final plat shall be approved without submission of proof by the applicant that the organization for maintenance of common property, section 18.08.030(8), has been established as proposed by the applicant.

Upon final passage and publication of the ordinance establishing the PUD zone district, a certified copy of the ordinance shall be recorded in the real estate records of the Eagle County Clerk and Recorder and the property shall be identified on the official zoning district map with the symbol "PUD" and the name of the planned unit development.

An applicant who wishes a PUD final plat, preliminary plan, or sketch plan approval to have the effect of creating vested property rights pursuant to Article 68 of Title 24, C.R.S., as amended, shall follow the procedures for the creation of vested property rights set forth in chapter 17.36 of the Code. Failure to follow those procedures shall result in no vested property rights having been created by the approval.

(Ord 2014-04)

The PUD zone district as finally approved by the town council shall be binding and shall not be changed during the construction of the PUD or thereafter, except upon application under the following procedures:

(1)

Conditions for amendment. A PUD zone district or an approved PUD development plan may be amended or modified, if the applicant demonstrates that the proposed amendment or modification:

a.

Is consistent with the efficient development and preservation of the entire PUD, both as proposed and as completed to the date of the application;

b.

Does not affect in a substantially adverse manner either the enjoyment of land adjacent to the PUD or the public interest;

c.

Is not granted solely to confer a special benefit upon any person;

d.

Does not include any new proposed uses that detract from other uses previously approved for this PUD;

e.

Contains street and utility plans that are coordinated with planned and existing streets and utilities for the remainder of the PUD.

f.

Does not increase water and sewer demands or create adverse traffic impacts.

(2)

Application. When proposing any amendment or modification to a PUD zone district or PUD development plan, the applicant shall first request a preapplication meeting with the town manager or the town manager's designee to discuss procedures, requirements (including the required notice and public hearing), and the town's goals and policies. The applicant shall provide for the conference:

a.

An application for amendment of a PUD zone district or PUD development plan, plus the appropriate application fee;

b.

A sketch of the proposed amendments or modifications depicting: topography of the land and the allowed and proposed changes to the existing street system and approximate right-of-way widths, uses including common areas and open space or parks, and densities, and their locations.

c.

A written summary of the amendments or modifications being requested and a statement setting forth the reasons the proposed amendments or modifications meet the conditions for amendment set forth in subsection (1) of this section 18.08.180; and

d.

Proof of ownership and consent to the amendment or modifications from the owners of all lots directly affected by the proposed amendments or modifications. Application by or written consent from all of the owners of land in the PUD zone district is not required, if their property is not directly affected by the proposed amendments or modification and whose use or the configuration of their property is not being changed.

At the preapplication conference, the town manager or the town manager's designee shall classify the proposed amendment or modification as a minor or major amendment, based on the classification criteria set forth below in subsection (3). If the town manager or the town manager's designee cannot determine on the basis of the criteria specified whether the proposed amendments or modifications should be classified as a minor or major amendment, the planning and zoning commission shall make a determination at its next regular meeting.

(3)

Classification of amendments.

a.

Minor amendment would include locations, sittings, bulk of structures, height or character of building, each of which may be authorized by the town manager or the town manager's designee if required by circumstances not foreseen at the time the final plat for the PUD was approved, without a public hearing.

b.

Major amendment would include all other changes in use, any rearrangement of lots or access, all changes in the provisions of open space or density, all of which may only be approved by the town council, by following the same procedures for approval of the PUD preliminary plan as set forth in sections 18.08.110, 18.08.120, 18.08.130, 18.08.140 and 18.08.150, including review and recommendations by the planning and zoning commission and notice and a public hearing before the town council. In addition to any other notice of public hearing required by the provisions of this chapter, any persons owning property in or residing within the PUD zone district, whether such person has signed the application or provided written consent to the amendments or modification or not, and adjacent property owners, shall be given written notice of the public hearing, delivered or mailed, first class postage prepaid, not less than 15 days prior to the date of the public hearing.

(4)

Review of PUD amendments. At the public hearing, the town council shall review and consider the major amendment to the PUD zone district or PUD development plan and the recommendations of the planning and zoning commission. Based on the same criteria for review of the PUD preliminary plan as incorporated in or as fully set forth in section 18.08.130 by the planning and zoning commission, the town council shall:

a.

Approve the major amendment as submitted, with certain conditions as specified by the town council, if any;

b.

Deny the major amendment as submitted, or certain portions thereof, with all reasons for denial clearly stated;

c.

Table the major amendment for a period of not more than 60 days for additional study, to obtain additional information, or to have the applicant revise the application for major amendment; or

d.

Refer the major amendment back to the planning and zoning commission with specific instructions for additional study and recommendations, for a period not to exceed 60 days.

(5)

Major amendment to a PUD zone district. Approval of a major amendment to a PUD zone district shall be complete upon passage of an ordinance by the town council amending the ordinance which originally identified and designated the PUD zone district. An amended final plat shall also be prepared and submitted by the applicant for the major amendment incorporating the provisions of the major amendment for recording in the records of the Eagle County Clerk and Recorder, together with a certified copy of the ordinance approving the major amendment.

(a)

Development within a PUD zone district cannot occur unless and until a final plat for the portion of the property to be developed has been approved and recorded as provided in the subdivision regulations.

(b)

Building permits for construction within a PUD zone district shall be issued only on the basis of the final plat and PUD development plan. No building permit shall be issued for construction within a PUD zone district until all public improvements have been completed, accepted and dedicated to the town.

(c)

If no building permit for construction within the PUD zone district has been issued within two years of the date of approval of the final plat, the approval of the final plat may be rescinded by the town council and the town council may initiate the process to repeal the ordinance establishing the PUD zone district.