(a)

The purpose of the Planned Unit Development (PUD) Overlay Zone District is to allow flexibility for landowners to creatively plan for the overall development of their land and to achieve the purpose and objectives of this Code and the Community Plan. An applicant for a PUD must demonstrate that departure from existing ordinances is warranted and that the proposed PUD significantly contributes to the following:

(b)

The proposed PUD is consistent with the Community Plan and the character of the Town and:

(1)

Provides for new technology and promotes innovative and efficient land use patterns;

(2)

Permits the integration of land uses and contributes to trails and pedestrian circulation;

(3)

Preserves valued environments and natural resources and achieves a more desirable environment;

(4)

Maintains or improves air and water quality;

(5)

Provides for a wide range of housing opportunities;

(6)

Improves the overall design character and quality of new development;

(7)

Permits the integration rather than separation of uses, so that necessary facilities are conveniently located in relation to each other;

(8)

Establishes land use patterns that promote and expand opportunities for public transportation and trails and for safe, efficient, compact street and utility networks that lower development and maintenance costs and conserve energy;

(9)

Preserves valued environmental, historic or mineral resource lands and avoids development in natural hazard areas;

(10)

Maintains and enhances surface and ground water quality and quantity;

(11)

Provides applicants the opportunity to contribute to the Town's multi-use trail system; to provide and maintain access to public lands and rivers;

(12)

Establishes incentives for applicants to encourage the provision of long-term affordable housing; and

(13)

Is consistent with the purposes and goals of the Community Plan and these Land Use Regulations.

(Prior code 16-15-1)

This Section is adopted pursuant to Section 24-67-101, et seq., C.R.S., the Planned Unit Development Act of 1972. The Town staff and the Planning Commission shall have the authority to recommend and the Town Council shall have the authority to impose such conditions on a PUD as are necessary to accomplish the purpose of this Code and the Community Plan.

(Prior code 16-15-2)

(a)

Before any development shall be designated as a Planned Unit Development (PUD) Overlay Zone District, it shall receive approval pursuant to the terms of this Article.

(b)

Limitations on PUD Overlay Districts may vary depending on the Character Area and zone district in which they are proposed.

(c)

No application for the initial establishment of a PUD will be accepted by the Town without the written consent of the landowners whose properties are included within the proposed PUD.

(Prior code 16-15-3)

(a)

A PUD zone district designation may be approved on any land located in the Town that complies with all of the applicable standards of this Code. A PUD shall not be permitted on a parcel of land less than five (5) minimum sized lots, as defined in the zoning standards for that area. There shall be no minimum land area requirement in zones that do not have a minimum lot size designated, provided that a PUD designation shall not be granted solely to permit variances for development of a single lot, building or use.

(b)

The Meadow Mountain, Grouse Creek, Old Town, South Town, Martin Creek, Cross Creek, Lionshead, Game Creek and Eagle River Character Areas are limited to parcels of not less than twenty-five thousand (25,000) square feet or five (5) five-thousand-square-foot lots for the designation of lands, provided that a PUD designation should not be granted solely to permit variances for development of a single lot, building or use.

(Prior code 16-15-4; Ord. 15-2008 §1)

A Planned Unit Development (PUD) Overlay Zone District designation may be established on any land located in the Town that complies with all of the applicable standards of this Article.

(Prior code 16-15-5)

Overview of development review. An applicant proposing to establish a PUD shall obtain approval for a concept plan, preliminary plan and final plan for the PUD pursuant to the procedures and standards of this Article; however a joint application for concept plan and preliminary plan may be filed to combine the review processes for these applications into one (1) process, at the applicant's discretion. The application materials of a joint application for a concept plan and preliminary plan shall follow the requirements for both applications, except where an overlap of requirements exists. The process of a joint application shall follow the requirements and procedure of a preliminary plan application.

(Prior code 16-15-6)

The following standards and requirements shall govern the acceptability of a PUD application:

(1)

The PUD shall be consistent with the intent of the Community Plan and the policies therein, shall be compatible with the Character Area and with the surrounding land uses and shall not detrimentally affect adjacent or nearby properties.

(2)

The PUD shall provide for the appropriate treatment of the Eagle River corridor as a community recreational amenity and focal point.

(3)

The design and construction of the PUD shall include adequate, safe and convenient arrangements for pedestrian and vehicular circulation, off-street parking and loading space with access adequate to support the anticipated traffic, on- and off-site, including emergency and utility vehicles. Trails and sidewalks shall be provided to form a logical, safe and convenient system for pedestrian access to dwelling units and common areas, with appropriate connections off-site.

(4)

The PUD shall be subject to such setbacks, lot widths and space between buildings as necessary to provide adequate access and fire protection, to ensure proper ventilation, sunlight, air and snow melt between buildings, and to ensure that the PUD is compatible with other developments in the area.

(5)

The applicant shall demonstrate that the development proposed will be provided with adequate facilities for water supply (domestic and irrigation), sewage disposal, solid waste disposal, electrical supply and roads, and will be conveniently located in relation to schools, police, fire and emergency medical services or make payment in lieu of such facilities.

(6)

The PUD will be evaluated in terms of its proximity to commercial, recreational and educational facilities conveniently located to residential housing;

(7)

The PUD should provide a wide range of housing opportunities and other buildings that promote design continuity with the existing community and design continuity in type, size and layout of buildings.

(8)

Maximum height of structures shall be established by the approved PUD plan.

(9)

The PUD should provide storage for snow removed from the internal street network, from sidewalks and from off-street parking areas.

(10)

Open space for the PUD shall be planned to produce maximum usefulness to the residents of the development for purposes of recreation and scenery and to produce a feeling of openness.

(11)

The mass and scale of individual buildings and the overall density of the PUD shall be consistent in scale and character to avoid abrupt and/or severe differences.

(12)

Any increase in density proposed above that which is permitted in the underlying zone shall be mitigated by increasing the land dedications to open space and/or recreational amenities and subsequent impact on public facilities.

(13)

Residential density and intensity of other uses shall be limited as required by the Town Council, upon consideration of the Community Plan, the Official Zone District Map and the Character Area and specific characteristics of the subject land.

(14)

Architecture and design fit in the PUD shall reflect the character of the Town.

(15)

A PUD may include any uses permitted by right or as a conditional or special use in any other zone, except that any use that has been declared a nuisance by statute, ordinance or any court of competent jurisdiction shall not be permitted.

(16)

A PUD may be applied to annexed land or other land not zoned by the Town without the requirement for underlying zoning.

(Prior code 16-15-8)

(a)

The application fee for a Planned Unit Development and for amendments to a PUD shall be set by the Town Council by resolution. Applications deemed by the Planning Director to have significant design, land use or other issues that may have a significant impact on the Town may require review by consultants other than Town staff.

(b)

The Town staff shall estimate the amount of money necessary to pay the consultant, and this amount shall be forwarded to the Town by the applicant prior to undertaking substantive review of the application. Upon completion of the review by the consultant, any of the funds forwarded by the applicant for payment of the consultant, which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the Town in excess of the amount forwarded by the applicant shall be paid by the applicant within thirty (30) days of notification by the Town.

(Prior code 16-15-9; Ord. 1-2021 §2)

(a)

Purpose.

(1)

The purpose of the concept plan review is for the applicant, the Planning Director and the Planning Commission to evaluate and discuss the basic concepts for development of the proposed PUD, and to consider whether development of the property as a PUD will result in a significant improvement over its development as a conventional subdivision.

(2)

It is the time when determinations should be made as to whether the proposed PUD complies with the purpose and intent of this Code and with the Community Plan and is generally compatible with surrounding land uses.

(3)

It is also the opportunity to reach general agreement on such issues as the appropriate range of units and commercial space proposed, the types of use, dimensional limitations and other variations that may be considered; the general locations intended for development and the areas planned to remain undeveloped; the general alignments for access; and how water supply and sewage disposal will be provided.

(4)

The concept plan checklist in Section 16-15-110 below covers all the information that needs to be addressed before any action can be taken by the Planning Department or Planning Commission. The outcome of concept plan review should be an identification of issues and concerns the applicant must address if the project is ultimately to receive approval for a preliminary plan for PUD from the Town.

(b)

Concept development plan application. A concept plan application and checklist shall be submitted to the Planning Director. Within thirty (30) business days of receipt of the application, the Planning Director or assign shall determine if the application is complete and includes sufficient data to evaluate the application to determine general compliance with the requirements of this Code.

(Prior code 16-15-10; Ord. 1-2021 §5)

A preapplication conference shall be held with the Town staff. The purpose of the preapplication conference is to establish general guidelines and elicit direction from the Town staff regarding specific questions or problem areas of the proposed PUD, to discuss the goals of the proposed PUD and the relationship of the proposal to the applicable elements of the Community Plan, and to review the procedure that will be followed. The concept development plan review shall be held by the Planning Commission at a regularly scheduled meeting. Prior to the meeting, a work session may be held with the applicant, Town staff and the Planning Commission to discuss the proposed PUD.

(Prior code 16-15-11)

The concept plan submission shall include the following information in conceptual or schematic design and report form. Certain submittal requirements may be waived or modified by the Planning Director if it is demonstrated that the submittal requirements to be waived or modified are not applicable or other practical solutions are being proposed. These requirements are included in the concept plan PUD checklist, which needs to be completed before any progress is made in the PUD process.

(1)

A written statement describing the nature and extent of the development proposed, to include information on proposed uses, densities, contemplated ownership patterns and phasing plans and a statement outlining how and where the proposed development deviates from the development standards prescribed in the underlying zone district;

(2)

Reasons the PUD procedure is more desirable than a conventional plan;

(3)

A survey stamped by a licensed surveyor indicating existing conditions of the property, to include, but not necessarily limited to, the location of improvements, contour lines, natural features, existing vegetation, watercourses and perimeter property lines.

(4)

A vicinity map or plan showing the proposed site in relation to all adjacent properties and a description of how the proposed development relates to the surrounding Character Area and Community Plan;

(5)

A development plan that illustrates the proposed land uses, building locations, housing unit densities, proposed trails, sidewalks, traffic circulation patterns and the proposed open space and recreational areas or uses;

(6)

Proposed source of water and method of sewage disposal;

(7)

Economic and supporting data to justify any proposed commercial and industrial elements;

(8)

A preliminary environmental assessment;

(9)

A preliminary fiscal impact analysis of the estimated demands for Town services, a statement of projected Town tax revenue based upon the historic Town tax levy and a schedule of projected revenue;

(10)

Preliminary architectural concepts or plans sufficient to determine the general scale and appearance of the proposed development;

(11)

A conceptual phasing plan for the proposed development;

(12)

A proposed method of fire protection and emergency medical services;

(13)

Any other materials and information deemed necessary by the Planning Director.

(Prior code 16-15-12)

(a)

The Planning Commission shall conduct a regular Planning Commission meeting on a concept plan application for a PUD. At a regular Planning Commission meeting, the Planning Commission shall consider the application, the relevant support materials and the findings of the Town staff and other agencies. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request staff input. In reviewing the plan, the Planning Commission shall make findings on the following evaluation criteria before making a recommendation to the Planning Director on whether the applicant should proceed to the preliminary plan application.

(b)

Concept development plan evaluation criteria:

(1)

There are objectives of the Community Plan or special physical conditions or objectives of development which the proposal will satisfy to warrant a departure from the standard regulation requirements.

(2)

The resulting development will be consistent with the Community Plan and the proposed PUD reflects the character of the Town.

(3)

The area around the development can be planned to be in substantial harmony with the proposed PUD.

(4)

The adjacent and nearby neighborhoods will not be detrimentally affected by the proposed PUD.

(5)

The mass and scale of individual buildings and the overall density of the PUD shall be consistent in scale and character to avoid abrupt and/or severe differences with the surrounding area.

(6)

The PUD can be completed within a reasonable period of time, which shall be determined prior to final approval of the PUD.

(7)

The PUD provides for the appropriate treatment of the Eagle River corridor as a community recreational amenity and focal point.

(8)

The PUD has easy access to recreational amenities.

(9)

Any increase in density proposed above what is permitted in the underlying zone or Character Area shall be mitigated by increasing the land dedications to open space, recreational amenities or other public facilities or services.

(10)

Any proposed commercial or industrial development can be justified.

(11)

Residential density and intensity of other uses shall be limited as required by the Town Council, upon consideration of the Community Plan, the Official Zone District Map and the specific characteristics of the subject land.

(12)

A finding on the preliminary environmental assessment and a recommendation on the requirement to submit an environmental impact report with the preliminary plan.

(13)

A finding on the extent to which the proposed PUD addresses a demonstrated community need.

(Prior code 16-15-13)

(a)

The purpose of the preliminary plan review is for the applicant to specifically respond to the issues and concerns identified during concept plan review and to propose detailed, properly engineered solutions to those problems that conform in all respects to the approved concept plan. The burden at the preliminary plan stage is on the applicant to provide detailed information and mitigation proposals to be evaluated by the Town. The preliminary plan shall include a Community Plan and Development Guidelines to the development of the PUD (hereinafter the "PUD Community Plan and Development Guidelines"), specifying the standards and limitations that will guide the future development of the property.

(b)

A preliminary development plan application and checklist shall be submitted to the Planning Director no more than one (1) year after the approval of the concept plan, along with the required fee. The preliminary development plan application shall be accompanied by an application for an amendment to the Official Zone District Map as well as a preliminary plat application in accordance with the requirements and provisions of Section 16-15-140(b)(1) of this Code.

(c)

Within thirty (30) business days of receipt of the land use application form and fee, the Planning Director shall determine if the application is complete and includes sufficient data to evaluate the application to determine general compliance with the requirements of this Code. For large applications, the Planning Director may extend the completeness review period by an additional ten (10) business days by sending notice to the applicant. Upon acceptance of the application as complete, the Planning Director shall refer the application to Town staff, consultants and other agencies as provided in Section 16-21-180 of this Code.

(d)

Within five (5) business days following the Planning Director's determination of completeness, the Planning Director shall provide notice to the applicant specifying any changes needing to be made to the application prior to commencing the public referral process as well as notifying the applicant of the number and manner of public referral copies of the application are required for Town staff to facilitate the public referral. The public referral period shall be a maximum of twenty (20) business days.

(Prior code 16-15-15; Ord. 1-2021 §3)

(a)

The purpose of preliminary plan review is for the applicant to respond to the issues and concerns identified during concept plan review and to formulate detailed, properly engineered solutions to those issues and concerns that conform to the approved sketch plan. The preliminary plan stage is when the applicant is to provide more detailed information and mitigation proposals to be evaluated by the Town. The preliminary plan shall include a guide to the development of the PUD (hereinafter, the "PUD Guide"), specifying the limitations that will guide the future development of the property. The preliminary development plan submission shall include, in addition to the subdivision requirements, the following detailed information, which is included in the preliminary plan checklist, needed to be completed before the application can progress into the preliminary plan process:

(1)

A Community Plan and Development Guidelines that illustrates the proposed land uses, building locations and housing unit densities.

(2)

An open space, park and recreation plan that identifies the areas of common open space, parks and recreation lands and describes any agreement proposed to preserve the open space, parks and recreation lands and how this will be implemented by deed or other agreement. This plan shall also describe the source of funds for long-term maintenance.

(3)

A traffic study.

(4)

Proposed trails, sidewalks and traffic circulation patterns, including snow removal patterns and snow storage areas, and the proposed status of street ownership.

(5)

Proposed grading and drainage plans.

(6)

Detailed descriptions and commitments for the proposed source of legal and physical water supply and engineering plans for the proposed storage and distribution system for water supply (domestic and irrigation) and sewage disposal.

(7)

Economic data and supporting market analysis to justify any proposed commercial and industrial elements.

(8)

Proposed development covenants, deed restrictions or other applicable codes.

(9)

An environment assessment or environmental impact report, unless waived by the Town Planner.

(10)

An impact analysis that describes the impact of the proposed PUD upon the school district.

(11)

A fiscal impact analysis of the estimated demands for Town services and a statement of projected Town tax revenue based upon the historic Town tax levy and a schedule of projected revenue.

(12)

Final site plans and architectural forms planned for the first phase of the proposed development.

(13)

Detailed plans for fire protection and emergency medical services.

(14)

The PUD shall include a phasing plan that demonstrates that the PUD can be completed within a reasonable period of time, which shall be determined prior to final approval of the PUD.

(15)

If development is proposed to occur in phases, then financial guarantees shall be proposed to ensure that project improvements and amenities are constructed as presented and approved.

(b)

Character Area and Zone District Map amendment. The preliminary plan application shall be accompanied by an application for an amendment to the Character Area zoning map, submitted pursuant to Article 21, Division 3 of this Chapter.

(1)

Subdivision. Where the PUD proposes activities that constitute a subdivision, the application for a preliminary plan for PUD shall also be required to meet the requirements of Chapter 17 of this Code regarding procedures for preliminary plat for subdivision.

(2)

Phasing. The preliminary plan for PUD shall include a phasing plan for the development. If development of the PUD is proposed to occur in phases, then guarantees shall be provided for public improvements and amenities that are necessary and desirable for residents of the project, or that are of benefit to the entire Town. Such public improvements shall be constructed with the first phase of the project or, if this is not possible, then as early in the project as is reasonable.

(3)

Common recreation and open space. The PUD shall comply with the following common recreation and open space standards:

a.

Minimum area. It is recommended that a minimum of twenty-five percent (25%) of the total PUD area shall be devoted to open air recreation or other usable open space, public or quasi-public.

b.

Areas that do not count as open space. Parking and loading areas, street rights-of-way and areas with slopes greater than thirty percent (30%), unless such slopes are designed and developed for recreation, shall not count toward usable open space.

c.

Areas that count as open space. Water bodies, lands within critical wildlife habitat areas, riparian areas and one-hundred-year floodplains, as defined in Section 16-2-20 of this Chapter, that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD. All other open space lands shall be conveniently accessible from all occupied structures within the PUD.

d.

Improvements required. All common open space and recreational facilities shall be shown on the preliminary plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase of the PUD.

e.

Continuing use and maintenance. All privately owned common open space shall continue to conform to its intended use, as specified on the preliminary plan for PUD. To ensure that all the common open space identified in the PUD will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space.

f.

Organization. If common open space is proposed to be maintained through an association or nonprofit corporation, such organization shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, administration and operation of such land and any other land within the PUD not publicly owned and shall secure adequate liability insurance on the land. The association or nonprofit corporation shall be established prior to the sale of any lots or units within the PUD. Membership in the association or nonprofit corporation shall be mandatory for all landowners within the PUD.

(c)

Natural resource protection. The PUD shall consider the recommendations made by the applicable analysis documents, as well as the recommendations of referral agencies.

(d)

Variations authorized. The Town Council shall be authorized to grant the following variations as part of its approval of the preliminary plan for PUD. Each variation that is granted shall be shown on the PUD Guide.

(1)

Density and intensity. The density of residential and intensity of commercial development may be varied.

(2)

Dimensional limitations. The minimum lot area, minimum lot area per use, maximum building lot coverage, maximum floor area, minimum yard setbacks and maximum height may be varied.

(3)

Basis for granting variations. These variations may be granted when the Town Council finds that the preliminary plan for PUD achieves one (1) or more of the following purposes and that the granting of the variation is necessary for that purpose to be achieved. The standards used in the designation of the land use categories on the Character Area Zoning Map, found in Chapter 16, Article III of the Community Plan, "Criteria Used in the Land Designation Process," shall also be considered when determining the maximum density and allowed uses of the PUD.

(4)

Obtain desired design qualities. A variation may be allowed that permits the integration of mixed uses or allows for greater variety in the type, design and layout of buildings. Structures shall be designed to be compatible, in terms of height, mass, scale, orientation and configuration, with other units in the PUD and the surrounding area, yet shall avoid uniformity of design. Residential and nonresidential uses may be mixed together. Various types of residential uses may also be combined within the PUD to promote more efficient land use patterns and increased open space.

(5)

The Town Council may require minimum yard setbacks, lot widths and space between buildings of such dimensions as they are determined to be necessary to provide adequate access, wildfire prevention and fire protection; to ensure proper ventilation, light, air and snowmelt between buildings; and to minimize the effects of transmission of noise between units and between buildings. As a general guide, twenty (20) feet between buildings shall be considered the minimum appropriate spacing.

(6)

Avoid environmental resources and natural hazards. A variation may be allowed that provides necessary site planning flexibility to enable the development to avoid valued environmental resource and natural hazard lands, as these have been identified in Article 20 of this Chapter.

(7)

This shall be accomplished in such a way as to maintain these lands as large, contiguous areas. Such lands shall not be fragmented into small, unconnected areas by development, unless the applicant demonstrates that this arrangement is necessary to maintain the underlying density on the property, and the lands providing environmental resource values have been protected and lands subject to natural hazards have been avoided. Where applicable, connections of such lands on the site to such lands on adjacent properties shall be accomplished.

(8)

Water augmentation. A variation may be allowed that creates incentives for applicants to commit to a water augmentation plan for their development that makes available "wet" water into the Cross Creek or Upper Eagle River Basin.

(9)

Trails. A variation may be allowed that provides incentives for applicants to make contributions to the County's and Town's multi-use trail system, in accordance with the recommendations of the latest version of the Town Trails Plan and the County Trails Plan, or to provide appropriate forms of access to public lands (including summer and winter parking areas and trailheads) and to river and creek drainages in and surrounding the Town. Proposed access shall be consistent with public land management objectives and resource protection needs for the areas to be accessed.

(10)

Affordable housing. A variation may be allowed that extends an incentive to applicants to provide long-term affordable housing.

(11)

Public facilities. A variation may be allowed that provides incentives for applicants to develop public facilities, including but not limited to public transportation facilities, public recreation facilities and similar facilities. The facilities may be located on or off of the PUD site and shall be facilities that meet the demands not only of project residents, but also of other residents of and visitors to the Town.

(e)

Conditions. The Planning Director and the Planning Commission shall have the authority to recommend and the Town Council shall have the authority to impose such conditions on a PUD that are necessary to accomplish the purposes of this Section, this Article, these Land Use Regulations and the Community Plan.

(Prior code 16-15-16; Ord. 15-2008 §1; Ord. 01-2015 §2)

(a)

General. Concurrent with the approval of a final plan for PUD, the applicant and the Town Council shall enter into a development agreement binding the PUD to any conditions placed in the agreement.

(b)

Common park and recreation areas. The PUD agreement shall include a common open space, park and recreation area plan. It shall outline the area of common open space, parks, trails and recreation lands, and specify any agreement on the part of the developer to preserve the open space, parks, trails and recreation lands and how this will be implemented by deeding the land to the appropriate entity. It shall also identify any deed or other restrictions against future residential, commercial or industrial development. It shall also include the terms by which any common areas shall be maintained.

(c)

Landscape guarantee. The PUD agreement shall set down how the landscaping proposed for the PUD will comply with Section 16-17-140 of this Chapter. Landscaping for a phased PUD may be designed by phase, with installation occurring concurrent with development of each phase. The PUD agreement shall include the landscaping for the entire PUD and for each phase of the PUD.

(d)

Form of guarantee. The Town may require the developer to provide a guarantee for no less than one hundred twenty-five percent (125%) of the current estimated cost of the landscaping improvements and the landscape plan as estimated by the Planning Director, to ensure the installation of all landscaping shown and to ensure the continued maintenance and replacement of that landscaping for a period of two (2) years after installation. The guarantee shall be in a form acceptable to the Town Attorney. At the developer's option, the guarantee may be provided for the entire PUD or for each phase. The guarantee shall be provided prior to initiation of any land clearing or infrastructure development for the phase or the PUD, whichever is applicable.

(e)

Release. As portions of the landscape improvements are completed, the Planning Director shall inspect them and, upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten percent (10%) shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five percent (25%) shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years.

(f)

Public improvement guarantee. In order to ensure installation of necessary public improvements planned to accommodate the development, the PUD agreement shall provide a guarantee for no less than one hundred twenty-five percent (125%) of the current estimated cost of such public facility improvements, as estimated by the applicant and approved by the Town Engineer. The guarantee shall be in a form approved by the Town Attorney. As portions of the public facilities improvements are completed, the Town Engineer shall inspect them and, upon approval and acceptance, shall authorize the release of the agreed cost for that portion of the improvements, except that ten percent (10%) shall be withheld until all proposed improvements are completed and approved by the Town Engineer.

(Prior code 16-15-17; Ord. 15-2008 §1)

The Planning Commission shall conduct a public hearing on the preliminary development plan application for a PUD. At the public hearing, the Planning Commission shall consider the application, the relevant support materials, the findings of the Town staff and other agencies and the information given at the public hearing. The Planning Commission may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request staff input. In reviewing the plan, the Planning Commission shall make findings on the following evaluation criteria before making a recommendation to the Town Council:

(1)

Preliminary development plan evaluation criteria:

a.

The resulting development will be consistent with the Community Plan and the proposed PUD reflects the character of the Town.

b.

The area around the development can be planned to be in substantial harmony with the proposed PUD.

c.

The adjacent and nearby neighborhoods will not be detrimentally affected by the proposed PUD.

d.

The mass and scale of individual buildings and the overall density of the PUD shall be consistent in scale and character to avoid abrupt and/or severe differences with the surrounding area.

e.

The PUD can be completed within a reasonable period of time, which shall be determined prior to final approval of the PUD.

f.

The PUD provides for the appropriate treatment of the Eagle River corridor as a community recreational amenity and focal point.

g.

The residents of the PUD have easy access to recreational amenities.

h.

Any increase in density proposed above what is permitted in the underlying zone shall be mitigated by increasing the land dedications to open space, recreational amenities or other public facilities and services.

i.

Any proposed commercial or industrial development can be justified.

j.

The streets are adequate to support the anticipated traffic, and the development will not overload the streets outside the planned area.

k.

Proposed utility and drainage facilities are adequate for the population densities and type of development proposed.

l.

Residential density and intensity of other uses shall be limited as required by the Town Council, upon consideration of the Community Plan, the Official Zone District Map and the specific characteristics of the subject land.

m.

A favorable finding is made on the environmental assessment or environmental impact report.

n.

The preliminary plan for PUD shall comply with the following open space and recreation standards:

1.

A minimum of twenty-five percent (25%) of the gross land area shall be reserved for common recreation and usable open space. Parking areas, street rights-of-way and minimum yard setbacks shall not be counted when determining usable open space. Water bodies, lands within critical wildlife habitat, riparian ecosystems and one-hundred-year floodplains that are preserved as open space shall count towards this minimum standard, even when they are not usable by or accessible to the residents of the PUD.

2.

All common open space and recreational facilities shall be shown on the preliminary plan for PUD and shall be constructed and fully improved according to the development schedule established for each development phase.

3.

All privately owned common open space shall continue to conform to its intended use, as approved in the preliminary plan. To ensure that all the common open space identified in the preliminary plan will be used as common open space, restrictions and/or covenants shall be placed in each deed to ensure their maintenance and to prohibit the division of any common open space.

(2)

Recommendation of Planning Commission. After the close of the public hearing, the Planning Commission shall make one (1) of the following recommendations to the Town Council, with the reasons clearly stated:

a.

Approve the PUD/preliminary development plan as submitted;

b.

Approve the PUD/preliminary development plan with conditions.

c.

Deny the PUD/preliminary development plan as submitted,

The Planning Commission may continue the public hearing to receive additional information for up to ninety (90) days to a fixed date, time and place. An applicant shall have the right to request and be granted one (1) continuance. All subsequent continuances shall be granted at the discretion of the Planning Commission upon good cause shown.

(Prior code 16-15-18)

The Town Council shall conduct a public hearing on the PUD/preliminary development plan. At the public hearing, the Town Council shall consider the application, the relevant support materials and findings of the Planning Commission, Town staff and other agencies and the information given at the public hearing. The Town Council may confer with the applicant on changes deemed advisable and the kind and extent of such changes, and request staff input. In reviewing the plan, the Town Council shall determine compliance with the evaluation criteria listed herein and other standards and criteria of this Code before taking action on the PUD/preliminary development plan. After the close of the public hearing, the Town Council shall make one (1) of the following decisions with the reasons clearly stated:

(1)

Approve the PUD/preliminary development plan as submitted;

(2)

Approve the PUD/preliminary development plan with conditions;

(3)

Deny the PUD/preliminary development plan as submitted; or

(4)

Refer the preliminary development plan application back to the Planning Commission with specific instructions for additional study and amendment.

The Town Council may continue the public hearing to receive additional information for up to ninety (90) days to a fixed date, time and place. An applicant shall have the right to request and be granted one (1) continuance. All subsequent continuances shall be granted at the discretion of the Town Council, upon good cause shown.

(Prior code 16-15-19)

(a)

Submittal to Planning Commission; public hearing. If, after the initial public hearing on the application, the Town Council proposes to consider approval of a preliminary development plan for the PUD that constitutes a substantial change in or departure from the initial preliminary development plan for the PUD recommended by the Planning Commission, the matter shall be submitted back to the Planning Commission for consideration at a public hearing. The Planning Commission shall consider the matter within thirty (30) days of its referral by the Town Council. At the public hearing, the Planning Commission shall consider the submitted materials, any staff report and the testimony given at the public hearing. After the close of the public hearing, the Planning Commission shall recommend to the Town Council in accordance with the standards and criteria of this Code, and forward the application and a recommendation back to the Town Council.

(b)

Action by Town Council. After receipt of the recommendation from the Planning Commission, the Town Council shall conduct a public hearing on the application. At the public hearing, the Town Council shall consider the application, the relevant support material, the staff report, the Planning Commission recommendation and the public testimony given. After the close of the public hearing, the Town Council shall make a decision based on the standards and criteria of this Code.

(Prior code 16-15-20)

(a)

Approval of the preliminary plan and PUD zone shall be considered as satisfying the preliminary plan requirements of the Town subdivision regulations. Approval shall also authorize the applicant to submit an application for a final development plan and a final subdivision plat, in accordance with the subdivision regulations.

(b)

All single-phase preliminary development plans for the PUD are valid for one (1) year from the date of approval. Approval may be extended upon written request when reviewed by the Planning Commission and granted by the Town Council after a public hearing. Upon approval of the preliminary plan, the applicant has a vested right in the property, yet building permits cannot be written prior to the approval of the final plan.

(c)

Upon written request, an extension of the preliminary plan may be granted by the Town Council, not to exceed two (2) years, if the applicant demonstrates that:

(1)

Failure to proceed with development of the final plan for PUD was beyond the applicant's control.

(2)

The preliminary plan for PUD is not speculative in nature.

(3)

The preliminary plan for PUD still complies with this Code and the Community Plan.

(4)

There is reasonable likelihood that the PUD will be developed in the next two (2) years.

(Prior code 16-15-22)

A final development plan for the PUD shall be reviewed pursuant to the same standards applicable to a preliminary development plan for the PUD. The final development plan for the PUD shall be reviewed by the Town Council at a public hearing and shall be approved by ordinance. Submission of the final development plan application should occur no more than two (2) years after the approval of the preliminary plan. An extension can be granted requiring a clear statement explaining the reason for an extension. Failure to do so will result in the plan proceeding through the preliminary plan process again for explanation and approval. Approval of the final development plan PUD zone shall be considered as satisfying the final development plan requirements of the Town PUD regulations and subdivision regulations.

(1)

All single-phase final development plans for the PUD are valid for one (1) year from the date of approval. If no building permits have been issued within one (1) year of the date of final approval, the PUD shall be terminated and the zone change automatically repealed. Approval may be extended upon written request when reviewed by the Planning Commission and granted by the Town Council after a public hearing.

(2)

All multi-phase preliminary development plans for the PUD are valid for three (3) years from the date of approval. Permitted time frames do not change with successive owners. Approval may be extended upon written request when reviewed by the Planning Commission and granted by the Town Council after a public hearing.

(3)

Upon written request, an extension of the preliminary plan may be granted by the Town Council, not to exceed (2) two years, if the applicant demonstrates that:

a.

Failure to proceed with development of the final plan for the PUD was beyond the applicant's control;

b.

The final plan for the PUD is not speculative in nature;

c.

The final plan for the PUD still complies with this Code and the Community Plan;

d.

There is reasonable likelihood that the PUD will be developed in the next two (2) years.

(Prior code 16-15-24)

(a)

The concept development plan and preliminary development plan may be combined if the proposed project meets the following criteria: The proposed development is less than ten (10) dwelling units. A preapplication conference shall be held with the Town staff. The purpose of the preapplication conference is to establish general guidelines and elicit direction from the staff regarding specific questions or problem areas of the proposed PUD, to discuss the goals of the proposed PUD and the relationship of the proposal to the applicable elements of the Community Plan, and to review the procedure that will be followed. The Planning Commission may authorize, upon a recommendation from the Planning Director, the use of the minor PUD process if it is determined that the proposed PUD is similar in scope and substantially conforms to the concept plan evaluation criteria.

(b)

Upon request and justification by the applicant, any or all of the concept plan submission requirements may be waived by the Planning Commission. The Planning Commission shall consider the recommendation of the Planning Director prior to waiving any or all of the concept development plan submission requirements.

(Prior code 16-15-25)

(a)

General. Concurrent with the approval of a final development plan for the PUD, the applicant and the Town Council shall enter into a PUD agreement binding the Planned Unit Development to any conditions placed in the agreement.

(b)

Common park and recreation areas. The PUD agreement shall refer to the approved common open space, park and recreation area plan. It shall outline the areas of common open space, parks and recreation lands and specify any agreement on the part of the developer to preserve the open space, parks and recreation lands and how this will be implemented by deeding the land to the appropriate entity. It shall also identify any deed or other restrictions against future residential, commercial or industrial development. It shall also include the terms by which any common areas shall be maintained.

(c)

Landscape guarantee. The PUD agreement shall set down how the landscaping proposed for the PUD will comply with the Town standards. In order to ensure implementation and maintenance of the landscape plan, the Town may require the developer to provide a guarantee for no less than one hundred twenty-five percent (125%) of the current cost of the landscaping improvements, as estimated by the applicant and approved by the Town Council, to ensure the installation of all landscaping shown and the continued maintenance and replacement of that landscaping for a period of two (2) years after installation. The guarantee shall be in a form acceptable to the Town Council, upon a recommendation from the Town Attorney. As portions of the landscape improvements are completed, the Planning Director shall inspect them and, upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that ten percent (10%) shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five percent (25%) shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years.

(d)

Public facilities guarantee. In order to ensure installation of necessary public facilities planned to accommodate the development, the PUD agreement shall provide a guarantee for no less than one hundred percent (100%) of the current estimated cost of such public facility improvements, as estimated by the applicant, reviewed by the Town Engineer and approved by Town Council. The guarantee shall be in a form acceptable to the Town Council, upon a recommendation from the Town Attorney. As portions of the public facilities improvements are completed, the Town Engineer shall inspect them and, upon approval and acceptance, shall authorize the release of the agreed cost for that portion of the improvements, except that ten percent (10%) shall be withheld until all proposed improvements are completed and approved by the Town Engineer.

(Prior code 16-15-26)

(a)

The PUD plan, as finally approved by the Town Council, shall be binding. Permits for construction or grading on a PUD shall be issued only on the basis of the approved final PUD plans. Any changes in the approved plan shall be submitted to the Town in accordance with the following:

(1)

Minor deviations may be approved by the Planning Director. Minor deviations that may be authorized are those that appear necessary in light of technical or engineering considerations first discovered during actual development and that are not reasonably anticipated during the initial approval process, as long as they comply with this Code.

(2)

Minor changes in locations, sightings, bulk of structures and height or character of buildings may be authorized by the Planning Commission if required by circumstances not foreseen at the time the final or preliminary plan was approved.

(3)

Changes in use resulting in more intensity of development, major rearrangement of lots into areas not previously containing development, overall increases in development intensity or density, and decreases in the area or provisions for open space will require approval by the Town Council following the procedures of this Article for the submittal of a PUD preliminary plan; however, certain submittal requirements shall be waived if determined by the Planning Director and deemed unnecessary given the information already on file with the Planning Department. At a minimum, a revised development plan shall be submitted showing the proposed changes to the plan. An amendment to a PUD may be filed by any owner within the PUD, subject to any homeowner association rules and regulations.

(b)

Placement on Official Character Area and Zone District Map (Character Area Zoning Map). After approval of a final plan for PUD, the Planning Director shall amend the Character Area Zoning Map to show a PUD zone district designation.

(1)

Recording. The final plan for PUD, PUD Guide and PUD agreement shall be recorded in the office of the County Clerk and Recorder, shall be binding upon the landowners subject to the ordinance and the final plan for PUD, their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, density, configuration and all other elements and conditions set forth on the final plan for PUD, PUD Guide and PUD agreement. Failure of the applicant to record the ordinance, Final Plan for PUD, PUD Guide and PUD agreement within one hundred eighty (180) calendar days of its approval shall render the ordinance, final plan for PUD, PUD Guide and PUD agreement invalid, and the property shall return to its prior zoning designation.

(2)

Hearing on permit extinction. If a final plan for PUD is not extended before it is to expire, pursuant to Section 16-15-200 of this Article, the Town Council shall initiate a hearing to determine whether to extinguish the preliminary plan for the PUD.

(3)

Final plan for PUD extinguished. If the Town Council extinguishes the final plan for the PUD, the Town Council shall concurrently initiate and amend the Character Area Zoning Map to the zone district classification of the land that was in effect prior to the time that the final plan for the PUD was originally approved. The Town Council shall consider the requirements of Section 24-67-106, C.R.S., prior to ordering any PUD plan extinguished and shall make any finding required by law prior to extinguishing the PUD plan. Should the Town Council find that extinguishment of the plan is contrary to law, the plan shall not be extinguished.

(4)

Modification is consistent. The modification, removal or release is consistent with the efficient development and preservation of the entire PUD;

(5)

Adjacent properties. The PUD amendment does not affect, in a substantially adverse manner, either the enjoyment of land abutting upon or across a street from the PUD or the public interest;

(6)

Benefit. The PUD amendment is not granted solely to confer a special benefit upon any person.

(7)

Standards. PUD amendments shall address the standards pursuant to Section 5-240.F.3.e of the PUD Guide. The applicant shall also provide a copy of the PUD Guide clearly demonstrating what amendments are to be made.

(8)

Notification. The applicant shall provide pre-addressed, stamped envelopes for every property owner in the PUD, as well as for all adjacent property owners. The applicant shall also comply with Section 5-210.E of the PUD Guide.

In addition to the above requirements, a preliminary plan for PUD may be amended, extended, varied or altered only pursuant to the standards and procedures established for its original approval.

(Prior code 16-15-27; Ord. 15-2008 §1)

(a)

General. The provisions of an ordinance approving a Planned Unit Development (PUD) Overlay District designation, or an ordinance approving a preliminary plan for a PUD, PUD Guide and PUD agreement, relating to the use of land and the location of common open space, shall run in favor of the Town and shall be enforceable at law or in equity by the Town, without limitation on any power or regulation otherwise granted by law.

(b)

Residents. All provisions of the ordinance approving a Planned Unit Development (PUD) Overlay District designation, or an ordinance approving a final plan for PUD, PUD Guide and PUD agreement, shall also run in favor of the residents, occupants and owners of the PUD, but only to the extent expressly provided in the ordinance and in accordance with the terms of the final plan for PUD. To that extent, said provisions, whether recorded by plat, covenant and easement or otherwise, may be enforced at law or in equity by residents, occupants or owners acting individually, jointly or through an organization designated in the ordinance to act on their behalf. However, no provision of the ordinance shall be implied to exist in favor of residents, occupants and owners except those provisions of the ordinance which have been finally approved by the Town Council.

(c)

Release by Town. All those provisions of the ordinance approving a PUD Overlay District designation or an ordinance approving a final plan for a PUD authorized to be enforced by the Town may be modified, removed or released by the Town subject to the following:

(1)

Enforcement. No modification, removal or release of the provisions shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce these provisions at law or equity as provided in this Section.

(2)

Procedure. No substantial modification, removal or release of the provisions of the ordinance by the Town shall be permitted except pursuant to Section 16-15-230 of this Article.

(d)

Release by residents. Residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the ordinance, modify, remove or release their rights to enforce the provisions of the ordinance, but no such action shall affect the right of the Town to enforce the ordinance.

(e)

Enforcement of open space and common area conditions. In the event the organization established to own and maintain common open spaces, recreation areas, communally owned facilities and private streets, or any successor organization, shall at any time fail to maintain the common facilities in reasonable order and condition in accordance with the approved common open space and recreation areas plan in the final plan for the PUD, the Planning Director may cause written notice to be served upon such organization or upon the owners of land in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable conditions, which notice shall include the demand that the deficiencies noted be cured within thirty (30) calendar days. The notice shall state the date and place of hearing to be held within ten (10) calendar days of notice.

(f)

Remedies authorized. At the time of hearing, the Planning Director may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the Planning Director, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one (1) year. Any failure of the Planning Director to act for any period of time shall not bar his or her action. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use.

(g)

Show cause hearing. Before expiration of the one-year period, the Planning Director shall take the initiative or shall, upon the written request of the organization responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the PUD. At such hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the Town should not be continued for the succeeding year.

(h)

Continuing maintenance. If the Town Council determines that it is not necessary for the Town to continue such maintenance, the Town shall cease such maintenance at the time established by the Town Council. Otherwise, the Town shall continue maintenance for the next succeeding year, subject to a similar hearing and determination at the end of each year thereafter. The cost of Town maintenance shall be paid by the owners of properties within the PUD that have a right of enjoyment of the common open space. The cost of Town maintenance and any unpaid assessments shall become a tax lien against the common facilities of, and the private properties within, the PUD.

(i)

Assessments. The Town shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The Town may foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes.

(j)

Applicability of PUD, other. Except as expressly provided otherwise in a particular PUD Guide, all development of property shall conform to the Land Use Regulations. If the PUD falls silent concerning a particular standard, restriction, etc, but the Land Use Regulations are not, the Land Use Regulations shall be the controlling document. If the PUD conflicts with the Land Use Regulations, the PUD shall rule.

(Prior code 16-15-28)