The purpose of the planned unit development master plan and regulations of this code is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the adequate and economical provisions to streets and utilities; and to preserve the natural and scenic features of open areas.

(Prior code § 13-10-010)

A.

Applications for planned unit developments may be made for any parcel of land forty thousand (40,000) square feet in size or larger located in any zone district or districts. An application for PUD master plan zoning may be made for any parcel to be developed in more than one (1) phase. The PUD master plan application may be submitted and reviewed prior to or simultaneously with the application for sketch and/or preliminary development plan approval for the first phase of the proposed planned unit development. The purpose of the PUD master plan process is to designate the general PUD zone districts and zone district requirements that shall apply to the site specific PUD development plan proposals for each phase of development of the planned unit development, unless thereafter modified in the approved final PUD development plan.

B.

The yard and bulk definition requirements stated in Chapters 17.16 through 17.68 of this code shall not apply to planned unit developments, except that the minimum lot area of the underlying zone district will be utilized in determining residential density. These requirements shall be controlled by the criteria and standards of this chapter and as shown on the approved planned unit development plan.

C.

Uses permitted in the planned unit development shall be limited to those uses permitted outright or by conditional use in the underlying zone district or districts contained within the planned unit development or as permitted under the provisions of the ordinance approving zone district regulations for the PUD and specified in the development plan or guide for the PUD as part of the PUD master plan approval or the site specific PUD development plan approval.

D.

An approved planned unit development is a separate zone district and the area included in each approved planned unit development shall be identified on the zoning map of the town.

(Prior code § 13-10-020)

A.

A PUD master plan may be approved independently of and prior to approval of actual development pursuant to the PUD development plan and/or subdivision process. Actual development of property and/or further subdivision shall require approval of the PUD development plan pursuant to this chapter and, if applicable, approval of the subdivision plat pursuant to Title 16.

B.

Subdivision review under the subdivision regulations shall occur simultaneously with the review of the PUD plan application process except that an application for a PUD master plan or a PUD development plan application that is not to be subdivided in any manner shall be reviewed and developed in accordance with the PUD master plan regulations, if applicable, described herein and with specific agreements as may be required by the town. No uses as otherwise allowed by the approved PUD zone district shall occur on any site so zoned unless and until the required subdivision plat or final PUD development plan application has been approved in accordance with this code.

(Prior code § 13-10-030)

A.

Purpose. Any PUD land use proposal shall generally require a three-step review—sketch, preliminary, and final—unless granted an exemption by the town administrator. The sketch review will assess: initial compliance with the town code, provisions for utilities and infrastructure, substantial conformance to the comprehensive plan, and any adverse impacts to the town. At this initial step, no formal approvals are made. In instances of combined PUD/subdivision development applications, both sketch plans shall be processed concurrently pursuant to Section 17.100.030.

B.

Pre-Application Meeting. Prior to submission of a sketch plan application, the applicant and the town administrator or designated town staff will conduct a pre-application meeting. Pre-application meetings are non-binding for all parties, but are an opportunity for the applicant to receive initial feedback about code requirements and the town's application process. At the pre-application meeting, the applicant shall provide a description of the project, conceptual drawings identifying proposed uses, zoning, and densities, and any additional information requested by the town administrator. A subsequent pre-application meeting may be required by the town administrator if a complete sketch plan application is not submitted within six (6) months of the initial pre-application meeting. The town administrator may waive the pre-application meeting for good cause upon request from the applicant or otherwise at the discretion of the town administrator.

C.

Sketch Plan Submittal. The sketch plan application shall include the following:

1.

Narrative of proposed development;

2.

Topography;

3.

Estimated number of residents or employees, as applicable;

4.

Water and sewer loads;

5.

Number of dwelling units and/or non-residential square footage, and the number of bedrooms in any multi-family residential unit;

6.

Size of site;

7.

Lot sizes;

8.

Density;

9.

Approved and proposed land uses;

10.

Location of proposed public and semi-public uses (dedicated and otherwise);

11.

General traffic circulation showing entries and exits, roads, anticipated turning movements into and within the development area, etc.;

12.

Open space, trails, sidewalks, parks, and other amenities;

13.

Site plan showing approximate lot lines and general site layout, including the location of any existing structures; and

14.

Viewshed analysis.

All application materials shall be submitted in electronic format. Upon receipt of the electronic materials, the town administrator or designated town staff will determine the number of paper copies applicant will be required to provide.

D.

Completeness Determination. A completeness determination of the application will be made within thirty (30) days after submission of the initial application materials. An application is deemed complete once all fees, signed documentation, and necessary review materials from subsection C are furnished. If the application is deemed incomplete, the applicant will be notified of any deficiencies. The application process—including the scheduling of public meetings—will not continue until all deficiencies are corrected and the application is deemed complete.

E.

Review Process. The sketch plan application will be reviewed by both the planning commission and town council. The applicant will be scheduled with the planning commission on the first available meeting date at least fifteen (15) days after the date that the sketch plan application is deemed complete pursuant to subsection D, above. The application will be evaluated according to the following review topics:

• Consistency with the comprehensive plan;

• Compatibility of proposed zoning, density, and general development plan to neighboring land uses and applicable town code provisions;

• Availability of town services from public works, fire, and police;

• Vehicle, bicycle, and pedestrian circulation; and

• Preservation of the natural character of the land.

The commission shall direct any recommendations for the application to council. At the first available meeting date after the commission's review, the sketch plan shall be presented to council with a summary of the comments and recommendations from the commission and staff members. Council may make further comments and recommendations upon review of the application. Afterwards, the applicant may elect either:

1.

To make revisions to the sketch plan for further review; or

2.

Proceed directly to the preliminary application phase.

F.

Community Open House. Prior to submitting a preliminary plan application, the applicant shall conduct a community open house meeting regarding the sketch plan, any changes thereto recommended by the town, and any other changes made to the proposed development in anticipation of submitting a preliminary PUD development plan. The open house is an occasion to share the project directly with residents and stakeholders. The applicant shall notify the town of the date of the community open house, and notice the community open house according to the town's public hearing notice procedures set forth in Section 16.08.040, except that notice to mineral owners is not required.

G.

Duration of Sketch Plan. The sketch plan review conducted pursuant to this Section 17.100.040 will remain in effect for one (1) year from the date town council reviews the application. If applicant does not submit a preliminary PUD plan application within said year, applicant may be required to submit a new sketch plan application before filing a preliminary plan application. Similarly, if applicant's preliminary PUD plan application includes substantial and material (e.g., proposes new uses, higher density development, new or additional variances, etc.) changes from the original sketch plan, the town administrator may require the applicant to conduct a new sketch plan review.

(Ord. No. TC 2020-1, § 3, 6-2-2020)

Editor's note— Ord. No. TC 2020-1, § 3, adopted June 2, 2020, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from prior code § 13-10-040.

A.

Purpose. A PUD proposal shall generally require a three-step application process—sketch, preliminary, and final—unless granted an exemption by the commission for good cause shown by the applicant. Review of the preliminary PUD application will assess zoning conformance, compliance with the town code, provisions for utilities and infrastructure, compatibility with the comprehensive plan, and address any adverse impacts to the town.

The commission shall conduct a noticed public hearing as provided in Chapter 16.08 of the code and make a decision regarding the preliminary PUD application. In instances of combined Subdivision/PUD development applications, both applications shall be processed concurrently pursuant to Section 17.100.030.

B.

Pre-Application Meeting. Prior to submission of a preliminary plan application, the applicant and the town administrator or designated town staff will conduct a pre-application meeting at a mutually agreed upon date. The pre-application meeting is an opportunity for the applicant to discuss any subsequent changes made after sketch plan review and receive guidance on future steps with the application process. An additional pre-application meeting may be required by the town administrator if a complete preliminary plan application is not submitted within six (6) months of the initial pre-application meeting. The town administrator may waive the pre-application meeting for good cause upon request from the applicant or otherwise at the discretion of the town administrator.

C.

Preliminary PUD and/or Master Plan Application Requirements. A preliminary PUD development plan application and/or an application for PUD master plan approval may be filed by the person having an interest in the property for which the planned unit development is requested and shall be made on a form provided by the town. All application materials shall be submitted in electronic format. Upon receipt of the electronic materials, the town administrator or designated town staff will determine the number of paper copies the applicant will be required to provide.

A preliminary PUD development plan or PUD master plan submittal will include the following:

1.

Boundary and size of site showing existing and proposed zoning (if applicable) and zone district boundaries for the proposed area and land adjacent to the proposed development area;

2.

Density of proposed development;

3.

List and location of adjacent land uses;

4.

Name of the proposed development, which shall be different from any existing recorded subdivision in the Town of New Castle;

5.

Existing topographic character of the land at a contour level of two (2) feet if the slope is less than ten (10) percent (spot elevations may be required if the land is too flat for contours) and five feet if the slope is greater than ten (10) percent. An application for PUD master plan approval shall also include proposed contours for all proposed infrastructure improvements;

6.

Lot and block layout and their respective acreage and/or square footage including the setback information for each proposed lot;

7.

The architectural character and design of all buildings and structures including floor plan, plan views, and elevations for each building proposed in the development

8.

Proposed number of dwelling units and bedroom count and/or non-residential square footage, as applicable;

9.

Location and dimensions of any dedicated open space, public parks, schools, public buildings/facilities and any other common elements on the site plan showing compliance with applicable annexation agreements, master plan requirements, and the comprehensive plan;

10.

Identification of the party responsible for maintaining open space, parks, trails, and roads within the development;

11.

Locations of snow storage (see Section 17.100.050(D)(9) below);

12.

Viewshed analysis or 3D renderings of all buildings proposed in the development;

13.

Existing and proposed easements for irrigation, drainage, and utilities. Include the proposed terms of reservations or dedications of public rights-of-way, easements and other public lands;

14.

The existing and proposed vehicular circulation system, including arterial, collector and local streets, proposed bicycle/pedestrian paths, off-street parking areas, service and loading areas and major points of access to public rights-of-way, except that the application for a PUD master development plan need only show arterial and collector streets and proposed major points of access to public rights-of-way. Include a street plan view and/or elevation to demonstrate that the vehicular circulation system can effectively accommodate emergency vehicles and on-street parking;

15.

Locations of transformer pedestals, A/C compressors, mailbox kiosks, or any other accessory structure shall be identified on the site plan. Locations of mailbox kiosks shall be approve by the local postmaster;

16.

Identify any off-street parking common areas, loading areas, and service areas including refuse disposal;

17.

Brief description of any proposed covenants;

18.

Areas of potential hazards, including the one hundred-year floodplain and floodway, geologic hazards including subsidence or other similar hazards, and mineral area if extraction value may be economically feasible;

19.

Profiles of the topography both before and after any overlot grading that is proposed, and a map showing the contours after overlot grading;

20.

List of the names and addresses of the owners of property located within two hundred fifty (250) feet of the subject site; and

21.

Current title commitment for the subject property.

D.

Supplemental Application Materials. The following applications materials shall accompany the preliminary PUD application in order to determine feasibility of the proposed development:

1.

Compliance with the Comprehensive Plan. The applicant must include a narrative demonstrating compliance with the comprehensive plan.

2.

Geotechnical study;

3.

Traffic impact study;

4.

Water Report. Identify anticipated service pressures, fire flow, demands, velocities under peak flow conditions as well as irrigation demands and design if a separate irrigation system is proposed. Identify any impacts to the town's existing storage, treatment, and distribution system.

5.

Wastewater Report. Identify anticipated loadings, velocities, pipe sizes, pumping needs, etc. We would need to assure that the sewer report identifies what the impacts are anticipated to be to the town's collection and treatment system;

6.

Utility Plan. A plan corresponding to the preliminary plat showing the line location, size and gradient for proposed water distribution and sewage collection mains within the proposed subdivision in relation to existing town installations. Identify preliminary layouts, pedestal, transformer, and meter layout to assure no conflicts with other improvements exist;

7.

Street Design Report. Centerline profiles of proposed streets shall be plotted at a horizontal scale consistent with the preliminary plat and a distorted vertical scale, with sufficient detail to insure that the proposed streets meet gradient limitations established by this title and bear a logical relationship to the grade of existing public streets at points of intersection;

8.

Drainage Report. Show compliance with public works manual;

9.

Floodplain Study. For drainages that have tributary basin areas of more than twenty (20) acres in size, identify the water surface elevations of the drainage for both the predeveloped conditions as well as the post developed conditions. The study will need to assure that the flood hazards that exist upstream and downstream of the subject property will not cause a rise in water surface elevation by more than six (6) inches nor an increase in velocity of the stream for the one-hundred-year event. The hydrological analysis and the hydraulic analysis supporting the study shall be submitted for review and approval by the town engineer;

10.

Snow Storage and Removal plan that complies with the public works manual;

11.

Geological Stability Information. Geological stability information and soil datum shall be furnished at this time if the applicant has any objection to any current report of geologic and soil information adopted by the town or by the Garfield County Planning Department as a reference, or on request of the town administrator in cases where no such report is available for the land being subdivided. At the same time the applicant shall present plans for the correction or avoidance of any problems in his or her report or the adopted reference;

12.

Conceptual landscape sketch showing general locations of turf, native grass, trees, natural screening, and hardscapes;

13.

Construction Phasing Plan. Identify, at minimum, each of the following components:

a.

Buildout phases for infrastructure and vertical improvements;

b.

Schedule that identifies the sequencing of infrastructure and vertical construction, sequencing of occupancy, traffic flow, and traffic control plans during construction;

c.

Storage and staging areas for construction equipment and materials;

d.

Illustrate drainage and erosion control best management practices (BMP's);

14.

Acreage. A schedule shall be submitted showing the total acreage of the land to be subdivided and the acreage intended for each type of usage along with its percentage to the total acreage.

15.

Fiscal Impact Study. At the discretion of the town administrator, provide a calculation of projected ongoing revenues and costs to be received or incurred by the town as a result of the proposed development. Such calculations shall be provided for the first fifteen (15) years after full build-out of the development.

E.

A completeness determination of the application shall be made within thirty (30) days after submission of the preliminary PUD plan application materials. An application is deemed complete once all fees, signed documentation, and all required application materials from sections C and D are provided. If the application is deemed incomplete, the applicant will be notified of any deficiencies. The application process—including the scheduling of public meetings—will not continue until all deficiencies are corrected and the application is deemed complete. Once the application is determined to be complete, the applicant may submit new or revised application materials up to fourteen (14) days before the public hearing date. If materials are introduced later than this deadline, the planning commission may continue the hearing if it determines staff requires more time to review and provide comments regarding the later submittals.

F.

Staff Meeting. Within fourteen (14) days after determining that the preliminary PUD application is complete, the town administrator, town planner, and other town staff members and consultants requested by the town administrator will meet with the applicant to discuss the application. The purpose of the meeting is for staff to clearly communicate to the applicant any issues staff has identified after reviewing the application that need to be resolved or addressed prior to the public hearing on the application.

G.

Public Notice and Referrals. As provided in Chapter 16.08 of this code, a public hearing regarding the application will be scheduled with the planning commission on the first available meeting date at least forty-five (45) days after the date the application was determined complete pursuant to subsection (E) above. Notices of the time and place of the hearing shall also be mailed to all utilities and state agencies who were requested to review the preliminary plan, at least thirty (30) days prior to the hearing.

In addition to the notice requirements, applicable portions of the preliminary plan shall be provided to at least the following referral agencies for review and comment:

• Town departments and town consultants, including the town attorney and town engineer;

• Colorado Parks and Wildlife;

• Colorado River Fire and Rescue;

• All utility companies serving the proposed area;

• The Colorado Department of Public Health when any new sewage and water treatment facilities are proposed;

• The Colorado Department of Highways when the proposed subdivision borders a state highway, and any other appropriate agency;

H.

Application Review Process. The application will be evaluated according to the following review criteria:

1.

Consistency with the comprehensive plan;

2.

Compliance with zoning and density requirements;

3.

Compatibility to neighboring land uses;

4.

Availability of town services from public works (including water and sewer services), fire, and police;

5.

Adequacy of off-street parking and vehicle, bicycle, and pedestrian circulation;

6.

The extent to which any required open space or parks are designed for active or passive use by residents of the subdivision or the public; and

7.

Development consistent with the natural character, contours, and viewsheds of the land.

Within thirty (30) days after the close of the public hearing, or within such time as is mutually agreed by the planning commission and the applicant, the commission shall make one (1) of three (3) decisions regarding the application: 1) approve the application unconditionally; 2) approve the application with conditions; 3) deny the application. The commission's decision will be made by written resolution. A continuance may be granted pursuant to Section 16.08.040(G) of the code.

The applicant may take a disputed decision of the commission to the town council for review. If, in the council's sole discretion, the finding of the commission may have been in error, the council shall refer the application back to the commission for reassessment.

I.

Duration of Preliminary Plan Approval. Preliminary plan approval granted pursuant to this Section 17.100.050 will remain in effect for one (1) year from the date of the commission resolution regarding the application. If the applicant does not submit a final PUD plan application within said year or if the applicant's preliminary PUD plan application includes substantial changes (e.g., proposes new uses, higher density development, changed layout, new or additional variances, etc.) from the as-approved preliminary PUD plan, then, at the discretion of the town administrator, the applicant may be required to obtain approval of a new preliminary PUD plan application before filing a final PUD plan application.

(Ord. No. TC 2020-6, §§ 3, 4(D), 9-1-2020)

Editor's note— Ord. No. TC 2020-6, § 3, adopted Sept. 1, 2020, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from prior code § 13-10-060; Ord. No. 2001-2, § 3.

A.

Purpose. A PUD development plan shall generally require a three-step application process—sketch, preliminary, and final—unless granted an exemption by the commission for good cause shown by the applicant. The final application is the last stage of the approval process for a PUD and/or master plan proposal. An applicant may not submit a final PUD plan application until a preliminary PUD plan has been approved by the commission. All or any portion of an approved preliminary PUD plan application may be submitted for final PUD plan application approval. In the case of a partial submission, the approval of the remaining portion of the preliminary PUD plan application shall automatically gain an extension of one (1) year. Review of a final PUD plan application will assess zoning conformance, compliance with the town code, provisions for utilities and infrastructure, compatibility with the comprehensive plan, and address any adverse impacts to the town.

The commission shall conduct a notice public hearing as provided in Chapter 16.08 of this code and make a recommendation on the final PUD plan application to town council. Town council will then make the final decision regarding the application at a public meeting. In instances of combined PUD/subdivision development applications, both applications shall be processed concurrently pursuant to Section 17.100.030.

B.

Pre-Application Meeting. Prior to submission of a final PUD plan application, the applicant and the town administrator or designated town staff will conduct a pre-application meeting at a mutually agreed upon date. The pre-application meeting is an opportunity for the applicant to discuss any subsequent changes made after preliminary plan review and receive guidance on the final steps with the application process. An additional pre-application meeting may be required by the town administrator if a complete preliminary plan application is not submitted within six (6) months of the initial pre-application meeting. The town administrator may waive the pre-application meeting for good cause upon request from the applicant or otherwise at the discretion of the town administrator.

C.

Final PUD and/or Master Plan Application Requirements. A final PUD development application and/or an application for PUD master plan may be filed by the person having an interest in the property for which the planned unit development is requested and shall be made on a form provided by the town. All application materials shall initially be submitted in electronic format. Upon receipt of the electronic materials, the town administrator or designated town staff will determine the number of paper copies the applicant will be required to provide.

A final PUD development plan or PUD master plan submittal shall include the following additional items:

1.

Any updated plan views and elevations. Note, substantial changes to building design after preliminary plan approval may require additional review time at the discretion of the planning commission. Building design should be nearly complete prior to final application approval;

2.

The location and design of proposed signs and an exterior lighting plan. All exterior illumination shall comply with acceptable International Dark-sky Association (IDA) standards to the maximum extent possible;

3.

Areas of known hazards, such as one hundred year floodplain, rockslides, subsidence or other similar hazards, and mineral areas of potentially economically feasible extraction value;

4.

A landscape plan illustrating size, type and location of plant materials and an irrigation plan, if applicable;

5.

Weed and dust management plan in compliance with the public works manual;

6.

Evidence that provision has been made for facility sites, easements, and rights of access for electrical and natural gas utility service sufficient to ensure reliable and adequate electric or, if applicable, natural gas service for any proposed PUD subdivision. Submission of a letter of agreement between the PUD applicant and utility serving the site shall be deemed sufficient to establish that adequate provision for electric or natural gas service to a proposed PUD subdivision has been made;

D.

Completeness Determination and Submittal Deadline. A completeness determination of the application shall be made within thirty (30) days after submission of the final PUD plan application materials. An application is deemed complete once all fees, signed documentation, and all required application materials from subsection (C) are provided. If the application is deemed incomplete, the applicant will be notified of any deficiencies. The application process—including the scheduling of public meetings—will not continue until all deficiencies are corrected and the application is deemed complete. Once the application is determined to be complete, the applicant may submit new or revised application materials up to fourteen (14) days before the public hearing date. If materials are provided after this deadline, the planning commission may continue the hearing if it determines staff requires more time to review and provide comments regarding the late submittals.

E.

Public Notice and Referrals. As provided in Chapter 16.08 of this code, a public hearing regarding the application will be scheduled with the commission on the first available meeting date at least forty-five (45) days after the date the application was determined complete pursuant to subsection (D) above. Notices of the time and place of the hearing shall also be mailed to all utilities and state agencies who were requested to review the final plat, at least thirty (30) days prior to the hearing. The final PUD application materials may be provided to one (1) or more of the referral agencies referenced in Section 17.100.060(G) if deemed necessary by the town planner.

F.

Application Review Process. The application will be evaluated according to the following review criteria:

1.

Consistency with the comprehensive plan;

2.

Compliance with zoning and density requirements;

3.

Compatibility to neighboring land uses;

4.

Availability of town services from public works (including water and sewer services), fire, and police;

5.

Adequacy of off-street parking and vehicle, bicycle, and pedestrian circulation;

6.

The extent to which any required open space or parks are designed for active or passive use by residents of the subdivision or the public; and

7.

Development consistent with the natural character, contours, and viewsheds of the land;

Within thirty (30) days after the close of the public hearing, or within such time as is mutually agreed by the planning commission and the applicant, the commission shall make one (1) of three (3) recommendations to town council regarding the final PUD plan application: 1) approve the application unconditionally; 2) approve the application with conditions; 3) deny the application. The commission's decision will be made by written resolution. A continuance may be granted pursuant to Section 16.08.040(G) of this title.

Within sixty (60) days from the date of the planning commission's written decision on a final PUD plan application, or within such time as is mutually agreed by the town council and the applicant, the town council shall approve the application, with or without conditions, or deny the application. Town council's decision will be made by ordinance, and any ordinance approving a final PUD plan shall be recorded in the Garfield County real property records.

(Ord. No. TC 2020-6, § 3, 9-1-2020)

Editor's note— Ord. No. TC 2020-6, § 3, adopted Sept. 1, 2020, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from prior code § 13-10-050; Ord. No. 2004-12, § 5.

Editor's note— Ord. No. TC 2020-6, § 3, adopted Sept. 1, 2020, repealed § 17.100.070, which pertained to processing of preliminary application and derived from prior code § 13-10-070; Ord. No. 2004-3 § 15 (part); Ord. No. 2005-9 § 8; and Ord. No. 2009-6, § 2, adopted April 7, 2009.

Editor's note— Ord. No. TC 2020-6, § 3, adopted Sept. 1, 2020, repealed § 17.100.080, which pertained to processing of final application and derived from prior code § 13-10-080; Ord. No. 2004-3 § 15 (part); and Ord. No. 2005-9 § 9.

Editor's note— Ord. No. TC 2020-6, § 3, adopted Sept. 1, 2020, repealed § 17.100.090, which pertained to approval criteria and conditions and derived from prior code § 13-10-090; and Ord. No. 2004-3 § 17 (part).

All approved final PUD development plans and PUD master plans, including modifications and conditions, shall be endorsed by the town council and made a permanent part of the zoning district map.

(Prior code § 13-10-100)

No approved PUD plan shall be altered unless approved by formal amendment. There are three (3) types of formal amendments: administrative, minor, and major.

A.

Administrative amendments are de minimus alterations to the approved plan. Administrative amendments may be approved in writing by the town administrator. Administrative amendments include, but are not limited to:

1.

Minor alterations to approved architectural plans;

2.

Movement of approved building envelopes up to ten (10) feet within approved setbacks;

3.

An increase in, or rearrangement of, the originally approved off-street parking or loading areas that does not reduce the number of parking spaces or change the access locations;

4.

Changes in floor plans that do not alter the character of the use;

5.

Minor relocations of sidewalks that do not adversely impact site circulation or public safety;

6.

Minor modifications of sign placement or reduction in sign size;

7.

Minor modifications of landscape plans that use similar types and sizes of landscape materials and provide equivalent or improved screening and/or aesthetic appearance on a 1:1 or greater basis;

8.

Minor alterations of approved lighting plans that do not increase lighting levels, lighting trespass, glare, or hazards to public safety and that are "dark-sky compliant."

B.

Minor amendments are alterations to an approved PUD development plan that require increased review and scrutiny. Minor amendments may be approved by resolution of the planning commission following a noticed public hearing. The planning commission may condition such approval as necessary to ensure that the development will be compatible with current community standards, infrastructure, and regulations. Minor amendments include, but are not limited to:

1.

An increase or decrease equal to or less than three (3) percent of the overall coverage of residential structures as originally approved within the PUD;

2.

An increase or decrease equal to or less than three (3) percent or one thousand (1,000) square feet (whichever is less) of the overall coverage of commercial/light industrial structures as originally approved within the PUD;

3.

A reduction in the number of residential dwelling units not including designated affordable housing units;

4.

An increase of the originally approved common or public open spaces;

5.

Improvements to site circulation such as deceleration lanes, increased street connectivity, improved/expanded non-motorized access routes, etc.;

6.

Alterations to the applicable PUD dimensional standard(s) (e.g., setbacks, building height, F.A.R) of less than ten percent (10%).

C.

Major amendments to a PUD must be approved in accordance with the procedures applicable to the approval of a final PUD development plan application as set forth in Section 17.100.060. During the review of any proposed major amendment to the PUD, the town may require such new conditions of approval as are necessary to ensure that the development will be compatible with current community standards, infrastructure, and regulations. This shall include, but not be limited to, applying to the portions of the PUD which have not obtained building permits, or are subject to the proposed amendment, any new community policies or regulations which have been implemented since the PUD was originally approved, and/or conditioning approval of the PUD amendment on the execution of an amendment to an existing subdivision improvements agreement or the development of a new subdivision improvements agreement. An applicant may withdraw a proposed amendment at any time during the review process. Examples of major amendments include:

1.

A change in the use or character of the development;

2.

An increase or decrease by greater than three (3) percent in the overall coverage of residential structures as originally approved within the PUD;

3.

An increase or decrease by greater than three (3) percent in the overall coverage of commercial/light industrial structures as originally approved within the PUD;

4.

Movement of approved building footprints more than ten (10) feet;

5.

Modifications to the applicable PUD dimensional standard(s) in excess of ten percent (10%);

6.

Any amendment that substantially increases vehicle trip generation rates arising from the PUD, or the demand for public facilities;

7.

A reduction of the originally approved common or public open spaces;

8.

A reduction of the originally approved off-street parking, loading areas or parking lot access locations;

9.

A change in the alignment or reduction in the required pavement widths or rights-of-way for streets or easements;

10.

An increase or decrease of greater than three (3) percent in the originally approved gross floor area of commercial/industrial buildings;

11.

An increase in the originally approved density of the PUD.

D.

The town administrator shall have the discretion to determine whether a proposed PUD amendment application is administrative, minor, or major. At any point during the review of an administrative amendment, the town administrator may elect to convert the application to a minor or major amendment and refer it to the planning commission for review. At any point during the review of a minor amendment, the planning commission may elect to convert the application to a major amendment and refer it to the town council for review.

E.

Applications for amendments shall generally follow the application submittal requirements for a final PUD development plan. The town administrator, or his or her designee, may waive application submittal requirements that are unnecessary for consideration of the application.

(Ord. No. 2009-6, § 2, 4-7-2009; Ord. No. TC 2020-6, § 4(C), 9-1-2020)

Editor's note— Ord. No. 2009-6, § 2, adopted April 7, 2009, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from Prior code § 13-10-110.

Any person applying to the courts for a review of any decision made under the terms of this chapter shall apply for review within thirty (30) days after the date of decision and shall pay the cost of preparing a transcript of the proceedings.

(Prior code § 13-10-120)