The PD - Planned Development District is a zone district and, unlike traditional zoning, allows the developer to establish a mix of land uses, densities, setbacks and building heights for an area of land. This zone is intended to allow land to be designed and developed in the most efficient and logical manner, to take advantage of technological advancement of the physical characteristics of the site, in accordance with Section 24-67-101, et seq., C.R.S.

(Ord. No. 3.43, Art. II, § 10.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

For the rezoning of land to planned development, the applicant must submit a development plan and guide in accordance with this Article.

(b)

Applications for rezoning to planned development shall be evaluated based on compliance with this Article and specific findings as to the proposal's general conformity with the Town's Master Plan.

(c)

Planned developments shall be controlled by one or more landowners to be developed under unified control. Unless rezoned, the current owners, successors and assigns shall be bound by the approved development plan and guide and by any amendments approved by the Town Planner or Town Council.

(d)

In order to provide uniform administrative procedures and quality development standards, planned developments shall conform to the following Articles of this Chapter:

(1)

Article 1, General Provisions.

(2)

Article 3, Board of Adjustment.

(3)

Article 4, Nonconforming Uses and Buildings.

(4)

Article 5, Rezoning.

(5)

Article 7, Division 1, General Requirements.

(6)

Article 9, Floodplain Overlay District.

(7)

Article 10, Division 1, Special Review.

(8)

Article 10, Division 2, Uses Not Itemized.

(9)

Article 10, Division 3, Home Businesses.

(10)

Article 11, Off-Street Parking Standards.

(11)

Article 12, Small Wind Energy Conversion Systems.

(12)

Article 13, Temporary Structures.

(13)

Article 15, Signs.

Development guides may include more restrictive regulations than those included in this Chapter, but in no case shall standards be established which fall below the minimum sign, parking and landscape standards. Development guides may also include standards for signs, parking and definitions which are not covered by this Chapter.

(e)

Specific provisions to this Article may be waived by the Town Council according to the following criteria and procedure:

(1)

Waiver criteria. The Town may grant a waiver to specific provisions of this Article based on findings of fact that such waiver would better achieve the goals and policies of the Larkspur Master Plan and the intent of this Chapter than would be afforded by strict adherence to these regulations.

(2)

Waiver procedure. Requests to waive any portion of this Article are permitted only following the preapplication review and prior to formal rezoning submittal. A public hearing before the Town Council is required for waivers to this Article. Applicants requesting waivers are required to submit a narrative to the Town Planner explaining the reasons for their request. The Town Planner will then schedule a special public hearing with the Town Council and notify the applicant as to the hearing date and time. At least 15 days prior to the hearing, the applicant is responsible for publishing a notice in a newspaper of general circulation in the Town. Publication of said notices shall be the responsibility of the applicant and shall read as follows:

NOTICE OF PUBLIC HEARING BEFORE THE
(LARKSPUR PLANNING COMMISSION OR
LARKSPUR TOWN COUNCIL)

Notice is hereby given that on (day of week), (month and date), 20___, at ___ a.m./p.m., or as soon as possible thereafter, in the Meeting Room of the Larkspur Town Council at 8720 Spruce Mountain Road, Larkspur, Colorado, or at such other time and place as this hearing may be adjourned, a public hearing will be held upon the application on file with the Town of Larkspur, 8720 Spruce Mountain Road, Larkspur, Colorado 80118, (303) 681-2324, by (name of applicant) for a waiver to Section 16-___ of the Larkspur Municipal Code.

A publisher's affidavit must be received by the Town Clerk five days prior to the hearing. Upon consideration, the Town Council shall either approve, conditionally approve or deny the request.

(Ord. No. 3.43, Art. II, § 10.2, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2022-14, §§ 1, 3, 9-15-2022)

The process for rezoning a property to planned development shall be the same as for any rezoning application, with the following exceptions:

(1)

Submission of a development plan and guide.

(2)

Recordation for new development guides and plans. Upon receiving approval by the Town Council, applicants shall have three months to submit the development plan and guide for recordation. Failure to submit the development plan and guide within this time period shall automatically invalidate Town Council approval, unless an extension of time is granted by the Town Council prior to expiration of such period.

a.

Recordation submittal requirements.

1.

One Mylar and two photo matte Mylars (not sepias) of the development plan and guide, three mills in thickness, all 24" x 36". One Mylar must contain the original signatures. All Mylars must be prepared and signed according to the requirements of the County Clerk and Recorder's office.

2.

One 11" x 17" Mylar reduction of the plan and guide.

b.

Recordation process. The Town Planner will check the development plan and guide for required information and conditions of approval. Once determined complete and in compliance with the development plan and guide as approved by the Town Council, Town Staff will, within ten working days, obtain Town officials' signatures and submit the development plan and guide to the Clerk and Recorder's office for recordation.

(Ord. No. 3.43, Art. II, § 10.3, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Development plan and guide. (Note: The map is referred to as the development plan, the narrative as the development guide.) The development plan and guide shall be prepared on 24" x 36" sheets. The name of the planned development is centered on the upper portion of each sheet and the sheet number in the lower right-hand corner of each sheet. The narrative is placed in columns.

(1)

Sheet 1. Sheet 1 shall include the following information, beginning with the upper left-hand column:

a.

General provisions statements:

1. "Authority. The authority for this Development Plan and Guide is Chapter 16, Article 8 (Planned Development District), of the Larkspur Municipal Code. The authority for said Article 8 is the Colorado Planned Unit Development Act of 1972."

2. "Adoption. The adoption of this Development Plan and Guide evidence the findings and decision of the Larkspur Town Council that this Development Plan and Guide for (name of development) is in general conformity with the Larkspur Master Plan, as authorized by the provisions of Chapter 16, Article 8, of the Larkspur Municipal Code, and that such Article and this Development Plan and Guide comply with the Colorado Planned Unit Development Act of 1972, as amended."

3. "Relationship to Town regulations. The provisions of this Development Plan and Guide shall prevail and govern the development of (name of development); provided, however, that, where the provisions of this Development Plan and Guide do not address a particular subject, the relevant provisions of Chapter 16 of the Larkspur Municipal Code, or any other applicable ordinances or regulations of the Town of Larkspur, shall be applicable."

4. "Enforcement.

"a) To further the mutual interest of the residents, occupants and owners of the Planned Development and of the public in the preservation of the integrity of the Plan, the provisions of this Plan and Guide relating to the use of land and the location of common open space shall run in favor of the Town of Larkspur and shall be enforceable at law or in equity by the Town without limitation on any power or regulation otherwise granted by law.

"b) An approved general P.D. plan shall bind the development of the subject property regardless of any change in ownership of that property.

"c) Adequate assurance may be required to ensure that any common open space and/or facilities will be provided and/or completed as shown on the detailed development plans. Such assurance may be in the form of a bond, corporate surety or other financial guarantee approved as to form by the Town Attorney. The financial assurance, if required, shall be in the amount of 110 percent of the estimated engineering, materials and construction costs at the projected time of installation. If the required improvements are not complete by the projected time of installation, the Town Planner shall review the amount of the financial assurance covering the incomplete improvements and may require that the amount of the assurance be revised in accordance with the then-current costs of engineering, materials and construction.

"d) If development is proposed to occur in phases, assurances must be provided that common open spaces and/or facilities will be completed proportionately.

"e) The requirements of this Section are deemed separate, distinct from and are not met by the requirements for collateral to secure construction of public improvements contained in the subdivision regulations."

b.

Statement of commitments: The preamble should in all cases address the following:

1. A Master Plan for public dedication of parks, schools, libraries, etc., either in specific acreage dedication (reference by symbol) and/or specific cash-in-lieu commitments. The application must provide a description of the proposed ownership of such properties, a description of how utilities will be provided to the site, a schedule for improvements and a description of how maintenance will be provided.

2. Additional preamble statements should address specific off-site improvements, wildlife impact mitigation plans, project phasing restrictions, fire protection and other concerns raised by the Town Council.

c.

Signature blocks.

1. Ownership signature notarized.

2. Ownership certification.

I/we ___________, a (one of these): (title insurance company) or (attorney at law), duly qualified, insured or licensed by the State of Colorado, do hereby certify that I/we have examined the title of all lands depicted and described hereon and that title to such land is owned in fee simple by ___________ at the time of this application.

(if signed by an attorney):

___________

(signature) (Reg. No)

___________

Name of Attorney at Law

Date: ________

___________

(Notarized Signature)

Date: ________

___________

Name of Authorized Official Company Name

3. Town certification.

This zoning request to Planned Development has been reviewed and found to be complete and in accordance with the (Ordinance or Resolution, # and date) approving the Planned Development and all applicable Larkspur Regulations.

___________

(signature)

Mayor, Town of Larkspur

Date of signature: ________

___________

(signature)

Town Planner

Date of signature: ________

State of Colorado  )

         ) ss.

County of Douglas )

I hereby certify that this Plan and Guide was filed in my office on this ________ day of ___________, 20___, A.D. at ___a.m./p.m., and was recorded per Reception No. ________.

___________

Clerk and Recorder

d.

Index.

(2)

Sheet 2. For each planning area category, e.g., single-family, state the following beginning in the upper left-hand column of the sheet:

a.

Uses permitted by right.

b.

Uses permitted by special review.

c.

Accessory building uses.

d.

Standards for principal and accessory uses:

1.

Minimum lot area.

2.

Minimum lot width.

3.

Minimum front, side and rear yard setbacks. (Include a graphic representation or footprint of all typical residential structures other than single-family detached, i.e., zero lot line, patio homes, etc.)

4.

Maximum building heights.

e.

Other standards or requirements as allowed in Subparagraph (2)d. above.

f.

Complete legal description (this information may be provided on a separate sheet if lengthy).

(3)

Sheet 3.

a.

Name of the Planned Development (centered, along upper portion of sheet). The name of a Planned Development shall not duplicate or be confused with the name of a Planned Development of record on file in the office of the Clerk and Recorder.

b.

North arrow.

c.

Scale (prepared at 1" = 100' or 1" = 200' as otherwise approved by the Town Planner).

d.

Date of preparation.

e.

Vicinity map (unless the Town Planner approves otherwise, the map shall be drawn to a scale of 1" = 2,000', superimposed on a current Town of Larkspur of Douglas County Subdivision Map, showing the relationship to the surrounding areas within a minimum of a one-mile radius).

f.

Contour lines at ten-foot or 20-foot intervals (include high and low spot elevations); this information may be supplied on a separate plan.

g.

Shadow all areas having slopes greater than 20 percent; this information may be supplied on a separate plan.

h.

Arterials and, if known, collectors. Include right-of-way dimensions and surface width.

i.

Trails.

j.

Existing easements (this information may be supplied on a separate plan).

k.

One-hundred-year floodplains (depending upon the extent of floodplain area, the Town Planner may permit this information to be depicted on a separate sheet).

l.

Proposed land dedication. Chapter 17 of this Code requires that ten percent of all subdivided land be dedicated to public use or that cash in lieu of land dedication for all or a portion of the land dedication requirement be made to the Town or to such public entity as may be approved by the Town.

1.

Proposed public or private regional and community parks, open space and trails shall be depicted and referenced by number, letter or symbol. Precise location of local parks shall be determined at the time of platting.

2.

Depiction of all other proposed land dedication, including school, library, fire station and police or sheriff substations as needed or required.

m.

Planning areas. For each planning area shown on the development plan or within a separate table, indicate the following (Note: The number of dwelling units indicated in the planning areas is the maximum number of dwelling units permitted to be platted or constructed. The actual number of dwelling units platted or constructed may be less than shown on the development plan due to regulatory requirements or other requirements of the Town Council.):

1.

Acreage.

2.

Number of dwelling units.

3.

Land use designation; e.g., C (Commercial), B (Business).

4.

Residential density or dwelling units per acre.

n.

Land use table. A separate land use table shall be prepared as follows which indicates the total land use data for the Planned Development:

Partial Example:

(b)

Other information required (on 8½" x 11" paper).

(1)

Provide a chart comparing the proposed development plan and guide to the zone district requirements of this Chapter.

Partial Example:

MULTI-FAMILY

(2)

Provision for water and sanitation facilities shall be included as supplemental information.

(3)

Additional reports or studies shall be included as supplemental information for the review of the proposed Planned Development as deemed necessary and relevant by the Town Planner, Planning Commission or Town Council.

(Ord. No. 3.43, Art. II, § 10.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

The Town Planner shall determine whether an amendment request will be considered an amendment or a minor change. The applicant may appeal this decision or the decision to deny a minor change to the Town Council within ten working days of said decision.

(b)

The procedure for amending an approved general P.D. plan or detailed development plan shall be the same as required for the original approval. Any such amendment, if approved, shall be filed with the County Clerk and Recorder by the applicant. Minor changes in the general or detailed plans may be approved administratively by the Town Planner, provided that none of the following would result except pursuant to Section 16-6-50.

(1)

A change in permitted uses.

(2)

An increase in total building coverage.

(3)

An increase in dwelling unit density or total commercial/industrial floor area.

(4)

An increase in building height.

(5)

A decrease in setbacks or minimum lot size.

(6)

A reduction of approved private and/or public open space or relocation.

(7)

A reduction of off-street parking and loading space.

(8)

A reduction of street right-of-way widths.

(Ord. No. 3.43, Art. II, § 10.5, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)