Mount Crested Butte
City Zoning Code
City Zoning Code
ARTICLE XI
Planned Unit Development District
21-451 Purpose.
A planned unit development or PUD is established as a zoning district to provide a greater flexibility in land development and use by allowing such development to be based upon a comprehensive, integrated, detailed site-specific development plan rather than upon specific constraints as applicable to uniform lot-by-lot development. The PUD shall be aligned with the Town's Master Plan and meet the purposes set forth below:
(a)
To maximize community benefit as a result of granting PUD approval;
(b)
To provide for the necessary commercial, recreational, and educational facilities conveniently located to planned housing and accommodation units;
(c)
To provide a procedure that can relate the type, design, and layout of residential, educational, lodging, commercial and/or recreational development to the particular site, thereby encouraging preservation of the site's natural characteristics;
(d)
To encourage innovation in development with greater variety in type, design, and layout;
(e)
To encourage more efficient use of land and public or private services;
(f)
To encourage the building of mixed residential, lodging, commercial and recreational developments incorporating the best design features;
(g)
To ensure that the PUD is considered as a zoning district, and as such the zoning laws will be applied in a manner which would not distort the objectives of these laws;
(h)
To lessen the burden of traffic on streets through the provision of transit and pedestrian/accessway connections to and through the development;
(i)
To promote the efficient use of land;
(j)
To preserve existing landscape features in a harmonious fashion;
(k)
To conserve energy, resources, and the value of the land;
(l)
To encourage the coordinated redevelopment of the DDA and Town Center, specifically, through the use of PUDs.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 21-5, § 2, 7-6-21)
21-452 Eligibility and intent.
Applications for PUDs may be made for any lands located within the boundaries of the town or any lands in the process of being annexed to the town. It is the stated intent of the town that the PUD approach for a specific project will only be approved if it is in accord with the town's plans and policies and the stated purposes of the PUD regulation. The applicant must be successful in persuading the town council that the project meets these objectives or else the plan will be denied. The utilization of the PUD approach shall be considered a privilege, not a right, and there shall be a clear community benefit to all PUDs approved by the town.
(Ord. No. 12-07, § 1, 1-15-13)
21-453 General provisions.
This article is intended to provide the means and the guidelines through which tracts of land may be developed through an overall unified approach rather than the traditional lot-by-lot treatment afforded by other zoning districts. It is intended to provide a maximum of design freedom in order to create a better living environment, by making the best use of topography and land features and by permitting the developer an opportunity to more fully utilize the physical characteristics of the site through the reduction of lot sizes, setback and open space requirements, and by increasing building floor area ratios; by providing for diversification and flexibility in housing types, housing prices, housing mix and overall design; by encouraging innovative development of smaller parcels of land that have been passed over; by encouraging unified mixed-use developments, including uses such as residential, office and commercial; by encouraging energy efficient design and conservation; and by encouraging quality development. Under this article, it is the intent that property to be developed as a PUD will provide continuity between the various elements, ultimately leading to a better environment through a unified design. All PUDs must provide measurable community benefit. Further, increased residential densities may be permitted under this article if such increases can be substantiated on the basis that the superior design makes greater densities possible with the provision of additional community benefits and amenities. This article is not intended as a means of circumventing the town's standard development regulations.
(Ord. No. 12-07, § 1, 1-15-13)
21-454 PUD as unique and specific zoning.
A PUD may be established, as set forth in this article, by replacing the existing underlying zoning district or districts with a PUD development plan, such that the PUD becomes the unique and specific zoning for the subject parcel.
A PUD application shall be accompanied by a site-specific development plan which shall include the approximate boundaries of the site; significant topographical and other natural features affecting development of the site; the approximate location on the site of the proposed buildings, structures, and other improvements; the approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways.
Approval of a PUD shall be deemed a change of the underlying zoning; however, the procedure set forth in this article shall supersede the requirements of section 21-25, Amendment procedure.
Temporary structures and/or uses may be allowed by the planning commission for a period of up to 30 consecutive days subject to design review approval as described in this chapter. In these cases, the zoning administrator may or may not waive the design review fee. Temporary structures and/or uses for periods of more than 30 days may be allowed by the town council subject to design review approval by the planning commission as described in this chapter and subject to the granting of a conditional use permit by the town council in conformance with the provisions of Article VIII, Conditional Use Permits, of this chapter for a period not to exceed 180 consecutive days.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 21-5, § 2, 7-6-21)
21-455 PUD uses, density and height.
It is the intent of this article that any property under a unified ownership or when all owners have provided written authorization that the applicant has their concurrence with the application may be considered for development as a PUD. Within the PUD zoning district, the following uses, densities, and height may be permitted, subject to the approval of the town council:
(a)
Uses permitted. Any permitted use, conditional use, or accessory use in any zoning district within the town may be considered. The proposed uses shall be identified by the applicant on the preliminary PUD plan. Uses shall be described in the PUD Guide and approval for such uses shall occur only upon acceptance and passage of the final PUD development plan.
(b)
Density. Proposed density will be identified by the applicant on the preliminary PUD plan. Uses shall be described in the PUD Guide and approval for such uses shall occur only upon acceptance and passage of the final PUD development plan. The applicant shall be responsible for justifying the proposed density level in terms of land planning, community benefit and amenities, and physiographic data. Additional density may be granted to the developer if the town council determines that the PUD provides exceptional community benefit and amenities to offset the additional density. Densities above that of the underlying existing zoning district or districts shall meet all of the following conditions:
(c)
Height. Proposed building height will be identified by the applicant on the preliminary PUD plan. Building heights shall vary within the PUD so as to create visual diversity. It is recommended that buildings not exceed the existing underlying zoning height requirements, as defined, and specified in this chapter. However, additional height may be granted to the developer if the town council determines that the PUD provides exceptional community benefit and amenities to offset the additional height.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 21-5, § 2, 7-6-21)
21-456 Development improvement agreement.
A development improvement agreement or other contract approved by the town shall be required to guarantee the construction of the required infrastructure for the PUD improvements as set forth in this article. The development improvement agreement shall have the same requirements as set forth in Chapter 18 Article IV, Improvement Agreements. A subdivision improvement agreement shall satisfy the requirements of this section where a subdivision improvement agreement is required.
(Ord. No. 21-5, § 2, 7-6-21)
21-457 Building permits issued after site specific development plan review.
Building permits shall be issued for an approved final PUD development plan, provided that design review and site-specific development plan approval has been obtained.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 21-5, § 2, 7-6-21)
21-458 Expiration of PUD approval.
If construction of improvements detailed within the subdivision improvement agreement or development improvement agreement has not commenced within an approved PUD within three years of the date of final plan approval or within the period of vested rights, whichever is greater, or if construction, once commenced, has ceased for three consecutive years beyond said date, and the applicant or its successor has not requested an extension or amendment to the PUD, approval of the site-specific development plan and final PUD plan shall expire. Upon such expiration, no further development shall be permitted pursuant to the expired site-specific development plan or final PUD plan. The town council may extend the time limitations if the applicant or its successor can show good cause therefor, such as environmental considerations, substantial change in the local, state, or national economy or politics, major strikes that directly affect the development of the PUD, prohibitive climatic or physiographic conditions, natural disasters, death of a principal party, or other significant conditions. Such extensions of the time limitations shall be made by the town council only after a public hearing has been held in accordance with Chapter 2, Administration, Article V, Division 3.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 21-5, § 2, 7-6-21)
21-459 Fees.
(a)
In order to cover the costs of review and other expenses incidental to the PUD approval, the applicant shall pay a fee at the time of filing the preliminary PUD planning application. No preliminary PUD plan shall be considered by the planning commission, nor approved by the town council, until all such fees are paid in full. The town council shall establish and set the application, design review, site specific development plan and public hearing and other fees pertinent to the PUD review.
(b)
Before approval of the preliminary PUD planning application, the applicant shall reimburse the town for all reasonable expenses incurred by the town in the review and/or approval process, over and above those fees normally incurred by the town as reflected in the above-referenced fee schedule. The payment of such fees shall be considered a condition of approval, and must be paid prior to the submittal of the final PUD plans and application. Such extraordinary expenses shall include, but not by way of limitation, additional printing and publication costs, fees of outside experts or specialists, and fees charged to the town by the town attorney for review of the applicant's documents.
(c)
Should an applicant request a special meeting of the planning commission or town council, which meeting is requested due to time constraints or desires of the applicant, and not due to statutory, code, or other limitations imposed by law that may require the town to conduct a special meeting, the applicant shall pay the costs incurred by the town to hold such special meeting, including payment of commission or council members, staff and attorney time, and any other costs incurred or necessary to conduct the special meeting. The council shall set the cost categories as well any set fees by resolution.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 20-9, § 1, 11-4-20; Ord. No. 21-5, § 2, 7-6-21)
21-471 Site planning.
(a)
Site planning within any PUD shall provide for the protection of the development from potentially adverse surrounding influences, and shall also provide for the protection of surrounding areas from potentially adverse influences from within the development.
(b)
Site plans shall provide safe, efficient, convenient and harmonious grouping of structures, uses and facilities and for the appropriate relation of space, inside and outside buildings, to intended uses and structural features.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 18-4, § 1, 7-3-18)
21-472 Vehicular movement.
(a)
The street design of any PUD should include a clearly designed hierarchical system. Streets, drives, parking, and service areas shall provide safe and convenient access to dwelling units and project facilities for all vehicles including those used by emergency services.
(b)
Street cross-sections shall be in accordance with the current adopted town street standards. An alternative cross-section treatment may be substituted with town council approval after consultation with the zoning administrator and maintenance supervisor.
(c)
Vehicular access to streets from off-street parking and service areas shall be combined, limited, located, designed, and controlled to channel traffic to and from such areas conveniently and safely in a manner which minimizes marginal traffic friction and promotes free traffic flow on streets without excessive interruptions.
(d)
Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. In solely residential neighborhoods, local streets within PUDs are not desired to be connected to streets outside the development in such a way as to unnecessarily encourage their use by through traffic.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 21-5, § 2, 7-6-21)
21-473 Pedestrian movement.
(a)
Access for pedestrians and alternate modes of transportation shall be arranged to provide safe, convenient routes, and need not be limited to vehicular access points proposed in the PUD. When pedestrian access points do not occur at street intersections, they shall be appropriately marked and controlled, and when such ways are exposed to substantial vehicular traffic at the edges of a district, fences or other barriers shall be erected and maintained to prevent crossings, except at designated points. Recreational paths shall be related to the pedestrian way system so that street crossings are combined, minimizing the need for such street crossings. Americans with Disabilities Act (ADA) compliant means of access shall be provided where feasible.
(b)
Pedestrian ways shall form a logical, safe, and convenient system for pedestrian access to all dwelling units, to all project facilities, and to all off-site destinations likely to attract substantial pedestrian traffic. Walkways to be used by substantial numbers of children as play areas or routes to school or other principal destinations shall be located and safeguarded to minimize contact with normal automobile traffic. Street crossings shall be held to a minimum on such walkways, located and designed to promote safety, appropriately marked, and otherwise safeguarded. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated into the walkway system. Pedestrian ways, appropriately located, designed, and constructed, may be combined with other easements, and used by emergency or other service vehicles, but shall not be used by other automobile traffic.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 21-5, § 2, 7-6-21)
21-474 Planning relationships with adjacent developments.
The design of any PUD shall reflect an effort by the developer to plan land uses within the PUD to blend harmoniously with adjacent land uses, including land uses immediately across streets.
(Ord. No. 12-07, § 1, 1-15-13)
21-475 Placement of structures.
(a)
All setback lines, percentage of lot coverage and lot width in a PUD shall be proposed by the applicant at the time a PUD is submitted.
(b)
Every principal structure shall have access to a public street. Access to a feeder road may be allowed, if approved by the town council.
(c)
The envelopes for all structures, other than single-family, detached houses, shall be shown on the preliminary and final PUD development plans. This requirement may be waived by the planning commission by requiring that the site plans for structures not yet known be submitted to the planning commission for site specific development plan approval prior to issuance of building permits. The siting of such buildings must be in accordance with the approval of the final PUD development plan, and shall be considered during a public hearing process.
(Ord. No. 12-07, § 1, 1-15-13)
21-476 Fencing and screening.
If the location, size and type of fencing differs from the standards listed in sections 21-353 and 21-354, such differences may be recommended for approval by the planning commission and approved by the town council at the time of consideration of the final PUD development plan.
(Ord. No. 12-07, § 1, 1-15-13)
21-477 Development of common open space.
In any PUD involving residential uses, the land set aside for common open space and/or skier domain shall be held for the mutual enjoyment of the residents of the PUD, and/or of the general public. This shall be accomplished by one of the following:
(a)
The land shall be held, developed, and maintained as common open space or skier domain, which shall be administered through a homeowner's association; or
(b)
The land may be dedicated to and accepted by the town for public use. It should be noted that the town may require the dedication of land for public use, or the payment of fees in lieu of such dedication.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 21-5, § 2, 7-6-21)
21-478 Parking requirements.
Each developer of a PUD shall provide adequate off-street parking to accommodate parking needs for the project. The planning commission may consider the provision of on-street parking within a PUD. The planning commission may consider some portion of required commercial parking requirements to be accommodated on-street, as may be negotiated and approved by the town council. Parking requirements for a PUD shall be identified by the applicant in the preliminary PUD planning application. Approval of such parking requirements shall occur upon approval of the final PUD development plan. Regulations regarding the types of vehicles or equipment that may be parked within the PUD, which are not enumerated within the PUD as part of the approval process, shall meet the regulations that most similarly match the zoning district use as set forth in Article III of this chapter.
(Ord. No. 12-07, § 1, 1-15-13)
21-479 Fire suppression equipment.
(a)
All site plans submitted under a PUD shall be designed so as to provide for proper fire equipment access as defined by section 21-913(a) and Table 21-913(1) of this chapter, and all buildings shall be designed with required internal fire protection and suppression as stated in the currently adopted building and fire codes.
(b)
Fire hydrant and water line sizes and locations shall be approved by the Mt. Crested Butte Water and Sanitation District and the Crested Butte Fire Protection District in accordance with standards adopted by the Town of Mt. Crested Butte.
(Ord. No. 12-07, § 1, 1-15-13)
21-480 Landscaping.
Landscaping within a PUD shall, as a minimum, conform to the requirements of section 21-305.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 18-4, § 2, 7-3-18)
21-491 Pre-application conference.
(a)
The applicant shall hold a pre-application conference with the zoning administrator in order for the applicant to:
(1)
Become acquainted with the town's PUD procedures and requirements;
(2)
Become familiar with the town's long-range plans and policies; and
(3)
Have the zoning administrator review and comment upon the applicant's conceptual drawings. Conceptual drawings shall include, but are not limited to:
a.
A site plan drawn at a scale of at least one inch equals 20 feet showing the location and dimensions of all structures and improvements, both existing and proposed, to include all circulation systems, both vehicular and pedestrian, off-street parking and loading areas, utility hookups and lines, and storage areas. This plan shall also show, at two foot contour intervals or less, the proposed site configuration and drainage; the location of any Avalanche Zone District upon the property; the location of existing trees, natural watercourses, rock outcroppings and other significant natural features,
b.
Projects which are proposed as phased developments shall indicate specifically those areas that will be completed with each phase. Projects shall be designed so that, if subsequent phases are not constructed, each individual phase will be a complete development that meet all applicable requirements for the zone in which it is situated,
c.
A proposed grading and drainage plan to include a narrative describing how stormwater is to be managed on the site. The community development department may require a drainage analysis report prepared by a Colorado licensed drainage engineer.
(b)
An applicant shall submit a written request to the zoning administrator for such a preapplication conference and the zoning administrator shall hold the conference within seven working days of the receipt of such request, at such time as it shall determine.
(c)
A pre-application conference with conceptual drawings will be scheduled with the planning commission for review and comment at a regularly scheduled meeting.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 21-5, § 2, 7-6-21)
21-492 Coincidental rezoning/PUD application and preliminary subdivision plan.
Subsequent to the pre-application conference, the applicant shall submit a rezoning/PUD application, with all of the contents specified in section 21-493. In addition, the applicant may be required to submit a preliminary subdivision plan, if the land included in the PUD is proposed to be subdivided. If the PUD proposes development within 100 feet of a wetland, then the provisions of Chapter 18, Article VIII, Division 2, of the Municipal Code of the Town of Mt. Crested Butte shall be imposed.
(Ord. No. 12-07, § 1, 1-15-13)
21-493 Contents of preliminary planning application.
An application for consideration of the preliminary PUD shall be filed with the town clerk. The number of copies and the type of media for submission of the application shall be determined by the zoning administrator and shall consist of the following:
(a)
Existing conditions plan. The existing conditions plan shall be in sufficient detail to enable the planning commission to evaluate the existing features of the PUD, and shall contain, as a minimum, insofar as applicable, the following information:
(1)
A general location and use map showing the proposed location of the PUD in relation to the town and to the existing uses of the surrounding area,
(2)
An existing topographic map showing the existing character of the site at five foot contour intervals or less, and at a size no smaller than one inch equals 400 feet,
(3)
The location and distribution of vegetation by genera of plant association,
(4)
The location and direction of flow of existing surface waters and drainageways including a map and report showing surface watercourses, drainage patterns and floodplains for floods of 100 year frequency. This report shall be prepared and signed by a professional engineer registered in the State of Colorado and qualified in the field of hydrology,
(5)
The location and designation of all existing buildings, structures, and improvements,
(6)
All existing easements, public dedications, and rights-of-way;
(7)
Location of all wetlands;
(b)
Boundary survey. A boundary survey signed by a Colorado registered land surveyor; and
(c)
A slope analysis map. A slope analysis map delineating percentage of slope of the entire parcel in at least 10% increments, up to 40% or more, and an approximation of the acreage within each increment;
(d)
Physiographic data. The applicant shall collect and present the following physiographic data and reports for all acreage within the PUD:
(1)
Wind. Wind direction and velocities,
(2)
Sun. Sun orientation and sun shielding by adjacent mountains, including shadow patterns for each season at 9:00 a.m., 12:00 p.m. and 4:00 p.m.,
(3)
Snow. Snowfall analysis, including normal drifting patterns, usual snow depth and avalanche po-tential,
(4)
Vegetation. A map and statement of existing vegetation, the effect of development on such vegetation, and landscape concepts for the proposed development,
(5)
Soils analysis. A geotechnical and slope analysis report from an engineer registered in the State of Colorado outlining the suitability of the soils and slope on site for the types of construction contemplated;
(e)
Site-specific development plan. The preliminary plan shall be in sufficient detail to enable the planning commission to evaluate the land planning, proposed uses, activities, circulation, and relationships to physiographic data, and shall contain as a minimum, insofar as applicable, the following information:
(1)
A proposed topographic map showing existing and proposed contours at an interval of five feet or less and at a size of no smaller than one inch equals 400 feet, showing the following information:
a.
The location and approximate dimensions, including height, of all proposed structures and improvements; existing structures and improvements shall be shown on the same drawing, but in a lighter shade to differentiate between existing and proposed structures,
b.
The location and dimensions of all proposed circulation systems, including vehicular, pedestrian, recreational, transit, deliveries, service, emergency vehicles, access to public lands, all on-and off-street parking areas and the major points of access to public rights-of-way,
c.
The size and location of areas, if any, to be reserved or dedicated for parks, playgrounds, schools, or other similar public uses,
d.
The size and location of all undeveloped areas and proposed easements, including lands left in open space, recreational uses, preserved lands, and public easements,
e.
The location of all special uses, including points of snow stacking, maintenance, storage, and deliveries, and
f.
The location and expected density of all proposed uses,
(2)
A preliminary utility plan showing proposed locations for water and sewer services in sufficient detail including pipe sizes, to establish the required water and sewer requirements of the entire site;
(f)
Written PUD guide. The written PUD guide requirements shall contain as a minimum the following information:
(1)
A statement of the present ownership, with appropriate documentation thereof, and a legal description of all land included in the PUD, along with written authorization from all owners that the applicant has their concurrence for the application,
(2)
An explanation of the objectives to be achieved by the PUD,
(3)
A general statement of anticipated gross density levels within each proposed land use category, and the overall density proposed for the entire PUD,
(4)
A general statement of anticipated architectural theme and building type,
(5)
A general statement of the anticipated legal treatment of common open space and maintenance of such areas. Provisions for ownership and maintenance of common open space, streams, stream banks, willow thickets, wooded cover and other desirable features of the landscape, and provisions for public facilities or protection of such features by easements, covenants, or property owners agreements to ensure their continuity of conservation,
(6)
A program describing the uses and activities to be permitted within each developed area, including the following:
a.
The types, sizes, and mixture of dwelling units, distinguishing the uses of single-family dwellings, multifamily dwellings, commercial and mixed-use buildings,
b.
The anticipated acreage and square footage of each use, including any nonresidential uses, parking, roadways, easements and rights-of-way, recreational areas and facilities, and sales and management offices,
c.
The land area occupied by buildings,
d.
The number of parking spaces per dwelling unit and the square footage of snow stacking space per parking space,
e.
Any other applicable restrictions such as building setbacks, height limits, access, grades, and widths of roads,
f.
The proportion of land to be common open space stated in terms of acreage and square footage, as well as the ratio of common open space stated on a square-feet-per-unit basis,
g.
A description of the proposed method of snow removal,
h.
A description of the proposed method of providing permanent maintenance of all nonprivate buildings, facilities, areas, and thoroughfares, and
i.
A written statement by an engineer licensed in the State of Colorado which shall describe and/or provide evidence of the following:
i.
The proposed method and arrangements for connecting to the Mt. Crested Butte Water and Sanitation District's system, the projected usage and needs upon such system, along with a written statement from such district that the necessary services will be provided at the time occupancy is projected. Prior to commencement of construction of any phase, such statement shall be updated as necessary prior to planning commission approval for such phase,
ii.
The proposed method and arrangements for providing electrical service, the projected usage and needs upon such service, along with a written statement from the appropriate agency that such service will be provided at the time occupancy is projected; however, if the time frame of such statement has expired prior to commencement of construction of any phase, such statement shall be updated as necessary prior to planning commission approval for such phase,
iii.
The projected needs which will be placed upon the Crested Butte Fire Protection District, along with a written comment from such district concerning the provisions of the necessary fire protection; and
(g)
Preliminary subdivision plat. If the PUD will require the subdivision of land, the applicant shall submit a preliminary subdivision plat in substantial conformance with section 18-397 identifying the proposed subdivisions of land;
(h)
A preliminary community housing plan identifying the anticipated requirements and proposed locations for community housing units, as set forth in Chapter 22 Community Housing;
(j)
A Traffic Study conducted pursuant to the requirements in this subsection demonstrating the ability to accommodate the PUD; A traffic study waiver request shall be initiated as part of the pre-application process set forth in section 21-491. The traffic study shall be made by qualified licensed engineers unless otherwise approved by the town council and shall address the following:
(1)
The estimated traffic flow on existing streets, roads or highways that will serve or convey traffic to and from the proposed PUD,
(2)
The estimated increase in traffic flow on existing streets resulting from the proposed PUD,
(3)
Visibility at existing and proposed intersections,
(4)
A description of the alternate transportation facilities proposed to be a part of the PUD,
(5)
An evaluation of the need for road improvements to be made to existing streets based on the impacts of the proposed subdivision, and
(6)
The expected effects of traffic upon the existing community and upon arterial roads serving Mt. Crested Butte.
Traffic counts, as part of any study, shall occur between the months of January and March and/or June and August. A traffic study shall be valid for a period of 12 months unless otherwise approved by the zoning administrator. This traffic study requirement may be waived by the zoning administrator if proper cause can be shown by the applicant; |
(k)
Provisions for and methods to be instituted that address energy efficient design and conservation that comply with ordinances and building codes adopted by the town.
The planning commission and/or town council may require the submission of additional plans, drawings, specifications, samples, reports, studies, and other material if deemed necessary to determine whether a project will comply with the purposes prescribed in this chapter.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 18-4, § 3, 7-3-18; Ord. No. 21-5, § 2, 7-6-21)
21-494 Substantially complete application.
Within 20 business days of receipt of a preliminary PUD planning application, the zoning administrator shall advise the applicant whether the application is substantially complete and accepted by the community development department for processing. If the application is not substantially complete, the zoning administrator shall advise the applicant in writing of the application deficiencies. Until a preliminary PUD planning application has been deemed substantially complete by the zoning administrator, no public hearing shall be scheduled. The applicant shall be required to submit an amended preliminary PUD planning application with the number of copies and type of media as determined by the zoning administrator for distribution to the planning commission and community development department. Size and scale of plans and plats shall be determined by the zoning administrator. Plans and plats shall be no larger than 24 inches by 36 inches and at a scale no smaller than one inch equals 200 feet.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 18-4, § 4, 7-3-18)
21-495 Hearing.
Upon acceptance of the substantially complete application, the zoning administrator shall notify the town clerk that the application may be scheduled for public hearing. The town clerk shall cause public hearings on such application to be held before both the planning commission and the town council, pursuant to Chapter 2, Article V.
(Ord. No. 12-07, § 1, 1-15-13)
21-496 Preliminary PUD plan approval.
(a)
The planning commission may recommend denial, approval, or approval with conditions of the preliminary PUD planning application as set forth in section 2-281. If additional height and/or density are recommended to the town council by the planning commission, the planning commission must determine that the PUD provides exceptional community benefit and amenities to offset the additional height and/or density. In so making their recommendation, the planning commission shall consider whether the preliminary PUD plan complies with the requirements of Article XI, Division 2 of this chapter, provides for additional community benefits and amenities, and is consistent with the Mt. Crested Butte Master Plan.
(b)
Upon recommendation by the planning commission, the applicant shall submit the revised preliminary PUD plan application with the number of copies and type of media as determined by the zoning administrator for distribution to the town council and staff. Preliminary PUD plan approval can only be granted by the town council, which approval shall be set forth by motion. A preliminary PUD plan approval does not vest any rights in the property and should be considered an approval to proceed into the final PUD application process only. A preliminary PUD plan approval is valid for no more than two years.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 18-4, § 5, 7-3-18; Ord. No. 21-5, § 2, 7-6-21)
21-506 Final plan application-Submittal.
Upon town council approval of the preliminary PUD planning application, the applicant shall proceed to final PUD planning application, which must be completed for submission to the planning commission within 24 months of the date of approval of the preliminary PUD planning application. Extensions of up to 12 months each may be granted by the town council upon application, submitted not less than 30 days prior to the expiration date, upon a showing of reasonable cause and necessity therefor, based upon substantially changed market or other conditions.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 21-5, § 2, 7-6-21)
21-507 Final plan application-Contents.
Final PUD development documents. The final PUD development documents shall be in sufficient detail to enable the planning commission and town council to evaluate the land planning, proposed uses, activities, circulation, relationship to physiographic data and general character of the PUD. The final PUD development documents shall be consistent with the approved preliminary PUD development plan with only minor alterations in locations, placement, alignments and bulk of structures, placement or types of plant material, changes in grades, height or character of structures, or other similar minor alterations. Applicants for final PUD plan approval shall submit that information required by this section, in sufficient detail to establish the architectural and landscaping character of the PUD for the entire project.
Prior to application for a building permit, that information required in section 21-302 shall be submitted to the planning commission for site-specific development plan review for each phase of any development in such project.
Within the period required by the preceding section, the applicant shall submit to the zoning administrator the following information:
(a)
PUD final plan requirements include a topographic map showing the existing and proposed contours at an interval of five feet or less and at a size no smaller than one inch equals 200 feet showing the following information:
(1)
The final location and approximate dimensions of all structures and improvements, both existing to remain and proposed;
(2)
The final location and dimensions of all circulation systems including vehicular, pedestrian, recreational, service, emergency vehicles, access to public lands, and all off-street parking areas;
(3)
All roadways, both public and private, shall be presented in plan and profile and shall comply with the current road standards of the town. However, upon recommendation by the planning commission, the minimum standards for private roads may be varied if approved by town council;
(4)
The final size and location of areas, if any, to be reserved or dedicated for parks, playgrounds, schools, utilities and facilities or other public uses;
(5)
The final locations of all undeveloped areas and proposed easements including lands left in open space, green belts, recreational uses, preserved lands, and public easements;
(6)
The final size and location of all special uses including trash removal, delivery service, snow stacking, maintenance, and storage;
(7)
The final size and location of any firefighting and fire prevention devices;
(8)
All final utility plans in plan and profile for sewer, water (including sizing of sewer and water lines), electricity, telephone, gas, and cable television, if applicable. Certain profiles may not be required at the discretion of the zoning administrator. Upon final PUD plan approval, all final utility plans shall be certified by a professional engineer registered in the State of Colorado;
(b)
Subdivision requirements. If a PUD project is to be subdivided, the final plan/plat of each phase of development therein shall meet all the requirements of Chapter 18, Subdivisions. An application to the planning commission for site specific review of any phase may be coincidental with final subdivision plat approval. The required improvement agreement, as set forth in Chapter 18, Article IV shall include provisions for the construction and installation of all infrastructure improvements to be located outside of the specific phase or subdivision, as set forth in the final plan/plat approval as necessary or proper for the provision of infrastructure to adequately serve the phase or subdivision.
(c)
Development improvement agreement. If a PUD project is not to be subdivided the required development improvement agreement, as set forth in section 21-456, shall include provisions for the construction and installation of all infrastructure improvements to be located outside of the specific phase or development, as set forth in the site-specific development plan approval as necessary or proper for the provision of infrastructure to adequately serve the phase or development.
(d)
Final PUD written requirements. The applicant shall submit the final written PUD requirements, revised in accordance with the approved preliminary PUD planning application. In addition, the applicant shall submit, as a minimum, the following:
(1)
A development schedule indicating the approximate date when construction of the PUD, or stages of the PUD, can be expected to begin, and to be completed;
(2)
Copies of any special agreements, conveyances, restrictions, covenants and/or property owner agreements which will govern the use, maintenance, and continued protection of the PUD and any of its common open spaces;
(3)
A completed final PUD planning application form;
(4)
A final community housing plan;
(5)
A final PUD Guide detailing the specific zoning policies for all phases in the PUD, including design guidelines that adequately address the character, mass, exterior appearance, theme, and relationship of all buildings.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 18-4, § 6, 7-3-18; Ord. No. 21-5, § 2, 7-6-21)
21-508 Final PUD planning application fee.
The required fees shall be paid as set forth in section 21-458(a). Before approval of the final PUD planning application, the applicant shall reimburse the town for all reasonable expenses incurred by the town in the review and/or approval process, over and above those fees normally incurred by the town as reflected in the above-referenced fee schedule. The payment of such fees shall be considered a condition of approval, and must be paid prior to the recordation of the final PUD documents. Such extraordinary expenses shall include, but not by way of limitation, additional printing and publication costs, fees of outside experts or specialists, and fees charged to the town by the town attorney for review of the applicant's documents.
(Ord. No. 12-07, § 1, 1-15-13)
21-509 Substantially complete application.
Within 20 business days of receipt of a final PUD planning application, the zoning administrator shall advise the applicant whether the application is substantially complete and accepted by the department for processing. If the application is not substantially complete, the zoning administrator shall advise the applicant in writing of the application deficiencies. Until a final PUD planning application has been deemed substantially complete by the zoning administrator, no public hearing shall be scheduled. Upon acceptance of the substantially complete application, the zoning administrator shall notify the town clerk that the application can be scheduled for a public hearing.
(Ord. No. 12-07, § 1, 1-15-13)
21-510 Final submission.
All information required in the final PUD planning application shall be submitted to the zoning administrator with the number of copies and type of media required as determined by the zoning administrator:
(a)
Written PUD statement;
(b)
Digital prints of all required plans and plats at a size no larger than 24 inches by 36 inches and at a scale no smaller than one inch equals 200 feet; and
(c)
The final digital PUD planning application reduced to a page size of eight and one-half (8½) inches by 11 inches or 11 inches by 17 inches, whichever, in the opinion of the zoning administrator is most legible.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 18-4, § 7, 7-3-18; Ord. No. 21-5, § 2, 7-6-21)
21-511 Planning commission action.
(a)
Public hearing. After the requirements of the final PUD planning application have been met as set forth in the preceding section, and within 30 days after the final submission thereof has been made, the planning commission shall hold a public hearing at which all interested parties may present testimony and evidence pertinent to the proposed PUD. Within 14 days after the public hearing, the planning commission shall recommend to approve, approve with conditions, continue, or deny the PUD and the requested zoning change as set forth in section 2-281. The planning commission shall state the rationale of their approval or denial to the town council. In so making their recommendation, the planning commission shall consider whether the final PUD plan complies with the requirements of Article XI, Division 2 of this chapter, meets the findings of fact as specified in section 21-33, provides for additional community benefits and amenities, and is consistent with the Mt. Crested Butte Community Plan.
(b)
Approval/denial. Upon the recommendation of approval or denial of the final PUD planning application, all documents submitted pursuant to such phase and the planning commission's recommendation shall be transmitted to the town council. Accompanying the submittal of final development documents to the town council, the applicant shall provide a digital copy of the PUD plan to the community development department for inclusion in the Official Zoning Map.
(c)
Continuance. If the final PUD planning application is not acceptable because of minor deficiencies or discrepancies, the public hearing thereon may be continued until such time as is mutually agreeable to both the planning commission and the applicant.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 18-4, § 8, 7-3-18)
21-512 Town council action.
(a)
Ordinance required. Because the approval of a final PUD is a rezoning action that places a burden upon or limits the use of private property as set forth in paragraph H, Article IV of the Home Rule Charter, the town council shall take action by ordinance. The procedure by which an ordinance shall be considered is set forth in paragraph J, Article IV of said Charter.
(b)
Public hearing. Within 30 days of the receipt of the planning commission's recommendation along with the documents required to be submitted under the final PUD planning application, the town council shall, at a public hearing, consider the final PUD planning application, together with a draft ordinance amending the Official Zoning Map to designate the PUD as a zoning district, at which meeting all interested parties may present testimony and evidence pertinent to the proposed PUD. Within 14 days after such hearing, the town council shall accept, continue, or deny the final PUD planning application.
(c)
Continuance. If the final PUD planning application is not acceptable because of minor deficiencies or discrepancies, the meeting thereon may be continued for 30 days, or until such time as is mutually agreeable to both the town council and the applicant.
(d)
Denial. If the final PUD planning application is denied because of major deficiencies or discrepancies, or because it is contrary to the purposes of this article or the Mt. Crested Butte Master Plan, it shall receive no further consideration unless a new application is made.
(e)
Acceptance. If the final PUD planning application is accepted, the town council shall proceed with the adoption of the ordinance amending the Official Zoning Map to designate the PUD as a zoning district. The final PUD shall not be considered approved until after the second reading of the ordinance amending the Official Zoning Map and approving the final PUD planning application. Referendum petitions to reconsider the adoption of an ordinance shall be filed within 45 days as set forth in Article V Initiative and Referendum, of the Home Rule Charter.
(f)
Passage. Upon approval at the second reading of the ordinance amending the Official Zoning Map and approving the final PUD planning application, the final development documents shall be filed with the town clerk as a matter of public record. The applicant shall provide the town clerk with a reproducible mylar at a scale of not less than one inch equals 200 feet for each plan or plat submitted as a part of the final PUD development documents. The following plans and documents shall be submitted to the town clerk for recordation:
(1)
Final PUD development plan;
(2)
Final PUD Guide;
(3)
Final landscape plan;
(4)
Final subdivision plat;
(5)
Architectural plans and elevations or design guidelines if a multi-phase project; and
(6)
Final community housing plan.
Such submission to the town clerk shall be made within three months, but no sooner than 45 days following passage of the rezoning. Within seven days of receipt of such completed submission, the zoning administrator shall amend the Official Zoning Map to indicate the new Planned Unit Development Zone District.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 21-5, § 2, 7-6-21)
21-513 Alterations.
The final development plan as passed by the town council is binding and shall not be altered during construction within the PUD except as follows:
(a)
Minor alterations. Minor alterations are alterations in locations, siting, alignments, bulk of structures, placement or types of plant material, changes in grades, height or character of structures, or other similar minor alterations. Minor alterations may be authorized by the zoning administrator for good cause shown.
(b)
Major alterations. All other alterations in use, intent, relocation or creation of lots, realignment of major circulation patterns, increase in density levels, provisions governing common areas or of approval of open spaces or the ratio thereof, or other similar alterations that substantially change the PUD, must be considered by the planning commission and approved by the town council following public hearings for which public notice is given pursuant to Chapter 2 Article V, Divisions 2 and 3 of this Code. The same type and quality of data as set forth in Division 4 of this article shall be required as was necessary for the original PUD planning application approval and passage unless any portion is waived by the zoning administrator. If additional land not zoned PUD is to be added to the PUD as part of a major alteration application, rezoning to PUD shall be required, which process shall run concurrently with the major alteration application. Alterations which include the subdivision of land shall meet the requirements of Chapter 18.
A proposed alteration, including addition of land to a PUD, may be considered a major alteration requiring a new application at the discretion of the zoning administrator. Considerations include, but are not limited to, changes to impact on adjacent property or roadways, surrounding lands, and public health and safety.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 19-4, § 1, 3-5-19)