(A)

Authorization. Planned Unit Developments (PUD) are an overlay zoning district authorized by state statute at Title 24, Article 67, C.R.S., Planned Unit Development Act of 1972.

(B)

General Provisions.

(1)

The intent of this Section is to encourage the development of unique projects and tracts of land in accordance with an overall development plan by providing flexibility with respect to dimensional and density requirements, design standards, and to promote the purposes of the Planned Unit Development Act of 1972.

(2)

An application for a PUD is a type of rezoning. A PUD zoning application shall be accompanied by a PUD development plan and a PUD development guide. If approved, the applicable zoning district standards shall be those established by the PUD development plan and the PUD development guide. Where the PUD does not address a specific development standard or requirement of the Ridgway Municipal Code currently in effect, the Code shall apply.

(C)

Intent. These PUD regulations and standards are intended to serve as an overlay zoning district to:

(1)

Allow flexibility in the development of medium and large-scale sites with unique characteristics;

(2)

Permit development in a manner varying from standards and regulations set forth in this Chapter in exchange for innovative design and creative land use that might otherwise not be permitted by a standard Town zoning district when narrowly construed;

(3)

Promote the unified and integrated development and use of land at a feasible economic and visual values while protecting the natural physical environment of the Town;

(4)

Foster development that arranges various land uses in appropriate relationship to each other, to commonly shared open space, and to common facilities;

(5)

Provide a greater variety in type, design, and layout of buildings and open space;

(6)

Utilize land and public services more efficiently; and

(7)

Provide a range of housing options at market and affordable rates.

(D)

Application. A PUD may be requested for land located in any zoning district. A land use application and all submittal requirements shall be submitted to the Ridgway Town Hall as set forth in this Section 6, Planned Unit Development.

(E)

Eligibility.

(1)

A PUD should not be permitted on a project area of less than two (2) acres in area. Such area may include one (1) or more contiguous lots, tracts, parcels, or properties.

(2)

The project area may be reduced if the following applies:

(a)

Common and/or dedicated open space is provided commensurate with requested reduction; or

(b)

If the layout and design of land uses and amenities provided in the PUD warrant an increase in density or a reduction of project size.

(3)

The applicant may request a reduction in project area in conjunction with the PUD Zoning application and the request will be considered by the Planning Commission and Town Council as part of the overall request.

(F)

Permitted Uses.

(1)

Any use that is allowed by right or by conditional use permit within the underlying zone district may be allowed in a PUD.

(2)

Uses that are consistent with the intent of the Master Plan in the reasonable judgment of the Town Council and compatible with the site's physical and environmental characteristics may be allowed in a PUD.

(G)

Coordination with Subdivision and Zoning Regulations. The PUD is a type of customized overlay zoning district. All standards and regulations set forth in Section 4, Zoning Regulations and Section 5, Subdivision Regulations, as applicable, apply to the PUD and such criteria shall be met in addition to all standards and criteria set forth in this Section, unless specifically permitted to be waived or varied by the Town Council.

(1)

It is the intent of these Land Use Regulations that subdivision hearings and review under Section 5, Subdivision Regulations, may cover only a portion of the entire project when the development is built in stages or phases.

(2)

At the discretion of the applicant and subject to approval by the Town Council as a part of the PUD review, the applicant may choose to delay initiation of review of a subdivision application until final approval of PUD Zoning is obtained for the entire project area.

(H)

Modification of Requirements. The Town Council may waive or modify specifications, standards, and requirements such as density, setbacks, height restrictions, land dedications, improvement standards, architectural design standards, use standards, right-of-way standards, and related requirements that would otherwise be applicable to a particular land use provided such waiver or modification is found to further the objectives of these PUD regulations and the community goals, policies, and objectives.

(Ord. 03-2023)

(A)

General Provisions. The following provisions apply to all PUD application requests:

(1)

Conformity with the Master Plan. The proposed PUD shall be consistent with the applicable portions of the Master Plan in the reasonable judgement of the approving body.

(2)

Relationship to Surrounding Area. The PUD will not have an adverse effect on the surrounding area. The PUD shall be compatible with the scale, intensity, and type of uses located on adjacent and nearby properties.

(B)

Affordable Housing.

(1)

The PUD development shall restrict the ownership, use, and occupancy of residential dwelling units in accordance with these standards. Such restrictions shall be in effect in perpetuity, shall not expire, and shall survive any foreclosure, unless the restrictions are otherwise released or modified with the written consent of the Town. A deed restriction shall be recorded on each unit to be restricted under these standards.

(2)

All PUD developments shall provide, at minimum, the following:

(a)

A minimum of 25% of housing units shall be restricted in accordance with these standards;

(b)

Any owner of a restricted unit shall maintain his/her sole residence and abode in Ouray County, Colorado, or provide written intent of his/her desire and intent to do so within 30 days of purchasing the restricted unit;

(c)

At the time of purchase of a restricted unit, including the original property transfer and all subsequent resales and transfers of property, at least one person in the household shall earn the majority of their income in Ouray County, or from an employer based in Ouray County;

(d)

At the time of purchase, including the original property transfer and all subsequent resales and transfers of property, the household income will be 120% or less of the Area Median Income (AMI) for the unit, as the same are determined by the United States Department of Housing and Urban Development (HUD), as adjusted annually. Proof of this must be presented to the Town in advance of any transfer of a restricted unit. Proof shall include written documentation, such as income tax returns, verifying annual income for the prior year. HUD income limits are derived from the most recent data provided by HUD regarding AMI for Ouray County;

(e)

No short-term rentals shall be permitted for the restricted units.

(C)

Installation of Electric Vehicle Spaces.

(1)

All new development within a PUD shall comply with Table T-6.1, EVSE Installed and EV Capable Space Requirements with regards to minimum number of spaces required for the provision of Electric Vehicle Supply Equipment (EVSE) installed and Electric Vehicle (EV) Capable parking spaces.

Table T-6.1, EVSE Installed and EV Capable Space Requirements.

(Ord. 03-2023)

This Subsection outlines the review procedures that are common to all PUD applications. Table T-6.2, PUD Application Types and Processes, identifies the various PUD application types and their associated review procedures regulated by this article. The submittal requirements, review procedures, and approval criteria for each application type is laid out in subsequent sections of this article as identified in Table T-6.2. All documents and materials identified in Section 7-6-3, General PUD Review Procedures and the particular application type section shall be required.

(A)

Table of PUD Application Types and Processes. PUD applications shall be processed in accordance with Table T-6.2, PUD Application Types and Processes.

Table T-6.2, PUD Application Types and Processes

(B)

Pre-Application Meeting. If the applicant or Town Manager or their designee, requests a pre-application meeting, the following process shall be followed:

(1)

Prior to the formal submission of the application, the applicant shall contact the Town Manager or their designee to schedule and request a pre-application meeting. Following receipt of a request, the pre-application meeting should be set for a date within ten (10) days of the date of the applicant's request. The Town Manager or their designee shall advise the applicant of the date and time of the pre-application meeting.

(2)

The applicant shall be prepared to discuss the proposed application with the Town Manager or their designee and appropriate Town staff. The applicant is encouraged to present such plats, plans, diagrams, or other preliminary information sufficient to allow a conceptual review of the proposed application.

(3)

The purpose of the pre-application meeting is to assist the applicant in understanding the town's application review processes and to allow the Town Manager or their designee and appropriate Town staff to determine the applicable process(es) and regulations for the proposed application.

(C)

Application Submittal Requirements. All of the following information and materials shall be submitted to the Town in a form acceptable to the Town Manager or designee. Additional information and materials required to be submitted for each specific application type identified in Table T-6.2 are set forth in this Subsection and shall also be submitted in order to receive a determination of completeness.

(1)

Basic PUD Application Materials. The following materials are required for all applications regulated by Section 6, Planned Unit Development, unless waived by the Town Manager or their designee.

(a)

Application Form. An application form for the request shall be obtained from the Town. Completed application forms and accompanying materials shall be submitted to the Town by the owner or applicant.

(i)

Authorized Agent. If the applicant is not the owner of the land based on Ouray County Assessor records, the applicant shall submit a letter signed by the owner consenting to the submission of the application(s).

(ii)

Applicant is Not the Sole Owner. If the applicant is not the sole owner of the land, the applicant shall submit a letter signed by all owners or an association representing all the owners, by which all owners consent to or join in the application.

(b)

Fees. All application fees shall be in compliance with Section 7-1-7, Fees and Costs.

(c)

Proof of Ownership. Proof of Ownership in the form of a copy of the property deed or a title commitment which has been issued within sixty (60) days of the application submittal along with copies of all documents listed in the exceptions.

(d)

Legal Description. Legal description of the property subject to the development application.

(e)

Mineral Interest Owners. List of all mineral interest owners with interests severed from the subject property.

(f)

Vicinity Map. A map locating the project limits, parcel(s), and property within Ridgway. The vicinity map shall clearly show the boundaries of the subject property and all property within a three-mile radius of the subject property.

(g)

General Written Narrative. A general written narrative identifying the development team, existing conditions of the property, proposed uses, density, lot layout, end users, financing, public dedications (including rights-of-way, parks, open space, infrastructure), and describing the purpose of the project, how the request meets the applicable approval criteria, furthers the goals and objectives specified in the Master Plan, and identifying any potential impacts on adjacent properties and public infrastructure and how those impacts are proposed to be mitigated.

(D)

Completeness Review. When a completeness determination is required pursuant to Table T-6.2, the following shall apply:

(1)

Within ten (10) days following receipt of an application, the Town Manager or their designee shall administratively review the application and determine whether it includes all the application content requirements of the Ridgway Municipal Code for the requested application type.

(2)

All plans, reports, maps, and other information required for the application type must be complete and legible. A failure of the application to meet the requirements of Chapter 7, Planning and Zoning and the Ridgway Municipal Code, may delay the processing of the application until the application is sufficient and deemed complete.

(3)

When the Town Manager or designee determines that the application is complete as submitted, the Town Manager or designee shall process the application for review in accordance with the provisions set forth in this Section 6, Planned Unit Development.

(4)

In the event the Town Manager or designee determines that the application is incomplete, the Town Manager or designee shall inform the applicant in writing of the deficiencies in the application. No further processing of the incomplete application shall be undertaken until the Town Manager or their designee determines that the applicant has remedied the application's deficiencies.

(E)

Referral Agencies. In accordance with Table T-6.2, applications shall be referred to any of the below referral agencies the Town Manager or their designee determines is necessary to complete a comprehensive review of the request. Referral of applications to other agencies shall be for a minimum time frame of twenty (20) working days. However, the time frame for review and comment may be extended if the application presents technical issues which require additional review, additional information is provided by the applicant, or the application is modified. Referral agencies include, but are not limited to, the following:

(1)

Bureau of Land Management (BLM)

(2)

Colorado Department of Transportation (CDOT)

(3)

Colorado Division of Reclamation, Mining & Safety

(4)

Colorado Division of Water Resources

(5)

Colorado Parks and Wildlife

(6)

Colorado State Forest Service

(7)

Ditch companies

(8)

Fire Protection District(s) or department(s)

(9)

Ouray County Departments (Assessor, Clerk & Recorder, Attorney, Health Department, Building Department, Road & Bridge, Sheriff Office, etc.), as appropriate

(10)

Town of Ridgway Departments (Town Clerk, Town Attorney, Engineering Department, Building Department, Public Works Department, Marshal, etc.), as appropriate

(11)

Water Conservation District(s)

(12)

San Miguel Power Authority

(13)

School district(s)

(14)

Soil Conservation District

(15)

Utility service providers and districts

(16)

US Army Corp of Engineers

(17)

US Environmental Protection Agency (EPA)

(18)

US Forest Service

(19)

Any other entity or agency deemed necessary by the Town Manager or their designee

(F)

Staff Report. The Town Manager or designee shall review the application to determine if the proposal satisfies the applicable standards. Once all review comments have been adequately addressed by the applicant, the Town Manager or their designee shall prepare a staff report discussing whether the applicable standards of the Ridgway Municipal Code have been satisfied. The staff report should identify issues raised through staff and referral agency review, potential mitigation requirements, any recommended conditions for approval, and any additional information pertinent to the review of the application.

(G)

Notice Requirements. All public notices of hearings required by this Section shall include the date, time, place, and purpose of the hearing, a general description of the property affected, and any other information deemed appropriate to apprise the public of the general nature of the action proposed. Errors or inaccuracies in the notice shall not be deemed sufficient cause to postpone or invalidate a hearing except where such errors are substantive in material and are found to have reasonably misled or misinformed the public.

(1)

Notice by Posting. When notice by posting is required for a public hearing by Table T-6.2, notice of the hearing shall be posted at Town Hall ten (10) days before the hearing and posted on the subject property in a location that is visible from each street frontage abutting the property, for at least ten (10) days prior to the hearing.

(2)

Mineral Estates Notice. Per 24-65.5-103, C.R.S. if the surface estate and mineral estate are severed, the owners of severed mineral estates shall be entitled to notification of not less than thirty (30) days before the date scheduled for the public hearing for the application. A copy of the notice shall be given to the Town along with the applicant's certification of compliance with said notification requirements. Provided this notice is not required if notice was previously sent and such certification previously provided with respect to the same surface development, or the application is only platting an additional single lot, unless a mineral estate owner has requested notice pursuant to 24-6-402(7), C.R.S.

(H)

Public Hearings. When a PUD application requires a public hearing before the Planning Commission or the Town Council in accordance with Table T-6.2, the following shall apply:

(1)

The Town shall set the date and time of the public hearing. Notice of the public hearing shall be issued in accordance with Table T-6.2 and Section 7-6-3(G), Notice Requirements;

(2)

At the public hearing, the reviewing body shall review the application for conformance with the applicable review standards and approval criteria for the request;

(3)

Any public hearing or other action of the body may be continued or postponed at any time to a specified date and time in order to permit preparation of additional information for further review by the reviewing body;

(4)

When required, the Planning Commission recommendation shall be forwarded to the Town Council. Following a public hearing where the request is being considered, the Town Council shall approve, approve with conditions, or deny the application or continue the matter to a date certain;

(5)

The applicant shall bear the burden of presenting sufficient competent evidence at the public hearing to support the standards for approval set forth by this Ridgway Municipal Code. Any decision by the reviewing body to recommend, or to act to, approve, conditionally approve, or deny an application shall be based upon a consideration of all evidence presented during the public hearing. Where evidence presented is contradictory, the reviewing body shall weigh such evidence and judge the credibility and sufficiency of the evidence prior to rendering a decision.

(I)

Post Approval.

(1)

Review. Prior to recording the approved documents, the applicant shall submit all final documents reflecting any conditions of approval to the Town Manager or their designee for final review and acknowledgement.

(2)

The approved PUD zoning and the approved PUD plan along with all exhibits are inseparable, and a PUD shall not be established without the approval of the related PUD plan.

(3)

Recording. Ordinances, resolutions, plats, and other documents as stated throughout this section, shall be required to be recorded with the Ouray County Clerk and Recorder shall be fully executed by the applicant and filed for execution by the Town and recorded. Recording of all documents shall be completed within ninety (90) days from the date of approval by the approving body.

(4)

Effective Upon Recording. The approval does not become effective until all approved documents have been properly recorded with the Ouray County Clerk and Recorder.

(5)

A PUD shall remain valid until the PUD is subsequently amended or rezoned to another zoning district in accordance with this Chapter.

(6)

The Town shall cause the Official Zoning Map to be updated to reflect approved Planned Unit Developments

(Ord. 03-2023)

(A)

General Provisions. The review process for PUD zoning applications is set forth in Section 7-6-4(B), Review Procedures. Upon approval, the applicable zoning district standards shall be those established by the PUD development plan and the PUD development guide. Where the PUD does not address a specific development standard or requirement of the Ridgway Municipal Code currently in effect, the Code shall apply.

(B)

Review Procedures.

(1)

Review Flowchart. Figure F-6.1, PUD Zoning Flowchart, depicts the PUD zoning application review process described in greater detail in this section.

Figure F-6.1 PUD Zoning Flowchart

(2)

Pre-Application Meeting. A pre-application meeting shall be held in accordance with the provisions set forth in Section 7-6-3(B), Pre-Application Meeting.

(3)

Application Submittal Requirements. The following are the application materials required to be submitted for a PUD zoning request. The Town Manager or designee may waive or alter any of the submittal requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards.

(i)

Basic PUD Application Materials. All materials set forth in Section 7-6-3(C), Basic PUD Application Materials.

(ii)

PUD Written Description. A written description of the proposal shall be submitted with a PUD zoning application including and addressing the following information:

a.

The names and addresses of owner, applicant and representative;

b.

General project concept and purpose of the request including, but not limited to, the character of the PUD, character and density of uses, and an explanation of how employee housing needs associated with the PUD will be met within the PUD and elsewhere;

c.

Relationship of the proposed PUD development to the underlying zone district, existing land uses and adjacent property land uses;

d.

The expected schedule and phasing of the project including an explanation of how the phasing plan will satisfy basic needs of residents, visitors and future business owners of the project;

e.

Compliance with the Master Plan;

f.

Source of and legal right to water. Written confirmation of service availability from the Town if the property lies within a service boundary;

g.

Method of wastewater treatment and disposal;

h.

Method of fire protection;

i.

Names and addresses of severed mineral rights owners on the affected property and mineral rights lessees; names and addresses of water rights owners;

j.

Description of natural and manmade hazards which may exist on the property;

k.

Discussion of impacts on services, including, but not limited to, county services, town services, and schools;

l.

Discussion of impacts on existing flora and fauna, air quality, wildlife, historic lands or sites, drainage or mineral extraction;

m.

A list of the modifications of standard zoning standards and regulations being requested and justification for such requests; and

n.

A statement of proposed financing.

(iii)

PUD Development Plan. The development plan for a PUD zoning application must depict and contain the following information:

a.

The size of the plan shall be prepared at a size that is legible for reasonable review and interpretation, as determined by the Town Manager or designee;

b.

A scale that is one (1) inch equals two hundred (100) feet or another suitable scale if approved by the Town Manager or designee;

c.

Name or identifying title of the proposed development or use;

d.

Legal description, date of preparation, north arrow, scale, and legend;

e.

Vicinity map at a suitable scale;

f.

Certification of taxes paid;

g.

Total area of the site, in acres and square footage. If there are two or more lots included in the PUD, the gross and net acreage of individual lots, open space, common areas, and rights-of-way;

h.

Name, address, telephone number, and e-mail address of the applicant, person preparing the map or plan, designer, engineer, surveyor, and any other consultants of the applicant;

i.

The following signature and certificate blocks:

i.

Certification of title showing the applicant is the landowner, contract purchaser or option-holder;

ii.

Certification by the project surveyor certifying to the accuracy of the survey and plat;

iii.

Certification of the Ridgway Planning Commission approval;

iv.

Certification for approval of the Ridgway Town Council; and

v.

Certification for the Ouray County Clerk and Recorder.

j.

Existing land uses and zoning on adjoining properties;

k.

Public or private sources of utility services and facilities including a statement concerning proposed financing and, where appropriate, types of security anticipated to assure installation of such facilities;

l.

Location and size of all existing and proposed land uses, including proposed densities, where applicable;

m.

Proposed use and gross floor area of structures and anticipated number of employees if commercial or industrial uses;

n.

Depiction of all natural and man-made water courses, retention areas, streams, and lakes. Any known one hundred-year (100-yr) flood plains affecting the property shall also be delineated as per the national Flood Plain Insurance Map or those maps provided by the US Army Corp of Engineers or another recognized source;

o.

Building envelopes in hazardous areas to protect natural resources, if deemed appropriate by the county;

p.

Areas where geologic hazard, mineral resources, wildfire hazards, or other natural hazards may exist;

q.

Land to be used for common areas devoted to community use, and land dedicated to the town;

r.

The maximum height of all buildings;

s.

Areas that are to be conveyed, dedicated or reserved as public parks or open space, recreational areas, and as sites for schools or other civic uses;

t.

Topography at two-foot (2') contours, with delineation of areas having slopes twenty percent (20%) or more and other significant topographic conditions at more defined contours;

u.

The traffic and circulation network for vehicles, bicycles and pedestrians, off-street parking areas, service areas, loading areas and major points of access including the widths, lines, and names of all existing and proposed streets, drives, alleys, and roads on or affecting the site, and names of existing streets and alleys, if known, on or adjoining the property. The general location and right-of-way widths for all arterials and collectors shall be shown;

v.

A landscape plan identifying the location, spacing, size and proposed plant material and species schedule;

w.

Conceptual building elevations identifying the architectural intent and the means by which the intent will be achieved;

x.

Names and right-of-way width of each street or other right-of-way, even if for private maintenance and responsibility;

y.

Uses and grantees of all existing and proposed easements and rights-of-way on or adjacent to the parcel, shown by location and dimension;

z.

Primary control points, or descriptions and "ties" to such control points to which all dimensions, angles, bearings, and similar data on the plat shall be referred. Control points shall be related to Ouray County coordinates and K19 elevations;

aa.

Location and description of monuments;

bb.

Tract boundary lines, right-of-way lines of streets, easements, and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles and radius, arcs, and central angles of all curves;

cc.

Number to identify each lot, parcel, tract, outlot or site, such as lot and block numbers;

dd.

Preliminary street and road plans and profiles; and

ee.

The location, size and character of proposed signs, lighting, and advertising devices.

(iv)

PUD Development Guide.

a.

General. All PUD applications must include a proposed development guide that will be applicable only to that particular PUD and not to any other zone district or development. The development guide shall formally establish the standards and requirements for development within the entire PUD. The standards and requirements for development in the approved development guide may be different from the standards and practices established by this Ridgway Municipal Code if the requested modifications from those regulations are, in the opinion of the Town Council, reasonable as well as necessary to the overall project development, and not detrimental to the town or the residents thereof. The regulations and standards contained within this Ridgway Municipal Code, existing or as may be amended, shall be applicable to any matter which is not addressed in the approved development guide. Each PUD owner as well as their heirs, successors, or assigns shall be bound by all matters, covenants, restrictions, terms, and conditions contained in the approved and recorded development plan and development guide, and the same shall run with the land. The PUD development guide may be included as notation sheets within the PUD development plan or submitted as a separate document to be recorded with the PUD materials.

b.

Contents of Development Guide. If no amendments or modifications are proposed for a particular standard or regulation, the standard or regulation set forth in this Ridgway Municipal Code shall apply to all uses and areas within the PUD. The development guide for all PUD applications must contain, at a minimum, provisions regarding the following development features:

i.

Objective, purpose, and intent. The development guide shall further public health, safety, and the general welfare; facilitate the efficient utilization of land; ensure that there shall be an appropriate relationship with surrounding land and generally encourage compatibility with overall town planning objectives.

ii.

Ridgway Municipal Code. The development guide shall supersede the Ridgway Municipal Code to the extent there are conflicts between the development guide and the Ridgway Municipal Code.

iii.

Definitions. Any term or word not defined within this Ridgway Municipal Code shall be defined within the PUD development guide. Any term not explicitly defined by the development guide shall default to the terms and words defined in Article 9, Definitions, of this Chapter.

iv.

Land use planning areas. Land use planning areas and the uses permitted within each planning area.

v.

Dimensional Standards. Dimensional standards for each land use planning area including setbacks, building height, lot size, lot width, and densities.

vi.

Streets. Street scape and cross-section design depicting the total right-of-way width, vehicle travel lanes, surface material, landscaping and/or sidewalk as required by this Chapter.

vii.

Public facilities. Utilities and services (including water, stormwater, exterior lighting, irrigation, sewer, roads, electric, gas, telephone, fiber optic, police, fire, medical, solid waste, schools, and snow storage and removal) and the financing for construction, installation, and/or maintenance of those facilities and services.

viii.

Estimated construction costs and proposed method of financing of the streets and related facilities including, but not limited to: water distribution system, sewage collection system, storm drainage facilities, and such other utilities as may be required of the applicant by the town.

ix.

Signs and outdoor advertisement. Signs shall conform to the requirements in effect for the underlying zone pursuant to Section 7-4-7, Sign Regulations, except that the PUD development guide may include amendments to those standards when it is determined by the Town Manager or designee that such amendments will result in better relationship of the signs to the general layout and design of the PUD.

x.

Parking. On-and off-street parking & loading area requirements for each use and planning area. If no standards are proposed, the standards set forth in this Ridgway Municipal Code shall apply to all uses and areas within the PUD.

xi.

Landscaping. Landscaping design guidelines which enhance the PUD project shall include design standards and criteria for the construction of parks, trails, rights-of-way (where applicable), common areas, and nonresidential uses. Such standards shall identify species, layout, maintenance, and design that will survive the Ridgway climate and geography.

xii.

Accessory structure and uses. Any desired accessory structure or use may be allowed within a PUD provided any potential impacts of the structure or use are mitigated to an acceptable level.

xiii.

General development schedule. A general development schedule of construction of each phase including necessary public improvements for each phase.

c.

Supplemental Submittal Materials.

i.

Domestic water supply and wastewater treatment systems complying with the standards of Section 7-5-4, Design Standards, and the State Division of Water Resources regulations.

ii.

Proposed covenants, conditions, and restrictions.

iii.

Erosion control plan and drainage report.

iv.

Mechanism for maintaining and preserving open space and common areas.

(v)

Supplemental Materials. The following items are also required to be submitted to the Town of Ridgway:

a.

Proof of minimum guaranteed water supply.

(vi)

Additional Requirements. Any additional information that may be reasonably requested by the Town Manager or designee and determined to be necessary to enable an adequate and comprehensive evaluation of the application.

(4)

Completeness Review. The Town Manager or designee shall review the application for completeness in accordance with the provisions of Section 7-6-3(D), Completeness Review.

(5)

Evaluation by Staff and Review Agencies. Upon determination of completeness, the Town Manager or designee shall refer the application to additional reviewing agencies as set forth in Section 7-6-3(E), Referral Agencies, and review the application for conformance with the requirements and standards of this Section and Chapter 7, Land Use Regulations, and all other applicable regulations.

(6)

Staff Report. A staff report shall be prepared and provided to the reviewing body in accordance with Section 7-6-3(F), Staff Report.

(7)

Review and Recommendation by Planning Commission.

(a)

The Planning Commission shall review the PUD Zoning application in a manner consistent with Table T-6.2 to evaluate compliance with applicable standards. Following their review of the application, the Planning Commission shall provide a recommendation to approve, approve with conditions, or deny the application to the Town Council based on the criteria set forth in Section 7-6-4(C), Approval Criteria.

(b)

The Planning Commission may, in its sole discretion, continue or postpone the public hearing to a specified date and time in order to permit preparation of additional information for further review by the Planning Commission prior to providing a recommendation to the Town Council.

(8)

Review and Action by Town Council.

(a)

The final decision to approve, approve with conditions, or deny a PUD Zoning Application shall be made by the Town Council in a manner set forth in Table T-6.2 and be based upon the review criteria set forth in Section 7-6-4(C) Approval Criteria.

(b)

The Town Council may, in its sole discretion, continue or postpone the public hearing to a specified date and time in order to permit preparation of additional information for further review by the Town Council prior to making a final decision.

(9)

Recordation. The applicant shall cause the PUD development plan and PUD development guide to be recorded with the Ouray County Clerk and Recorder as required by Section 7-6-3(I), Post Approval.

(C)

Approval Criteria. The following criteria shall be found to be met by the application and supplemental materials in order for the Planning Commission and/or Town Council to recommend approval or approve a PUD zoning application and associated development plan and development guide:

(1)

There is a legitimate need for the proposed development to be processed as a PUD;

(2)

The PUD does not negatively impact the immediate area, including employee housing requirements;

(3)

An exception from the zoning and subdivision regulations and requirements is warranted by virtue of the design and amenities incorporated in the development plan and development guide;

(4)

The land surrounding the proposed PUD can be planned in coordination with the proposed PUD;

(5)

The proposed PUD zoning is consistent with the applicable portions of the Master Plan in the reasonable judgement of the approving body;

(6)

Existing and proposed utility services are adequate for the proposed development and that the methods of financing, construction and maintenance are acceptable to the town;

(7)

The overall PUD design concept as well as the general phasing scheme are suitable to the land, community, and local economy.

(Ord. 03-2023)

(A)

General Provisions.

(1)

Major PUD amendments shall be determined by the Town Manager or designee, and include any modification or amendment to an approved PUD development plan or development guide which:

(a)

Modifies the approved phasing plan; or

(b)

Modifies a use established by the PUD; or

(c)

Modifies the density established by the PUD; or

(d)

Modifies the commercial or industrial floor area; or

(e)

Significantly alters the amount or arrangement of open space or recreational amenities, the treatment of environmentally sensitive areas that may exist on the site; or

(f)

Significantly alter the approved architectural concept of the PUD development guide or PUD development plan; or

(g)

Significantly alter the basic layout of the approved project infrastructure.

(2)

Amendments and modifications to an approved PUD development plan and/or development guides may be requested in accordance with this Section 7-6-5, Major PUD Amendment.

(3)

No amendments may be made to an approved PUD development plan and/or development guide during the construction of the improvements governed by the PUD.

(B)

Review Procedures.

(1)

Review Flowchart. Figure F-6.2, Major PUD Amendment, depicts the Major PUD amendment application review process described in greater detail in this section.

Figure F-6.2 Major PUD Amendment Flowchart

(2)

Pre-Application Meeting. A pre-application meeting may be held in accordance with the provisions set forth in Section 7-6-3(B), Pre-Application Meeting.

(3)

Application Submittal Requirements. The following are the application materials required to be submitted for a major PUD amendment request. The Town Manager or designee may waive or alter any of the submittal requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards.

(i)

Basic PUD Application Materials. All materials set forth in Section 7-6-3(C), Basic PUD Application Materials.

(ii)

Written Narrative.

a.

General description of the amendment(s) being requested including the proposed amendments to the PUD general description, PUD development plan, and/or PUD development guide.

b.

Written narrative and description of how the proposed PUD amendment(s) comply with the standards of this Ridgway Municipal Code and the criteria set forth in Section 7-6-5(C), Approval Criteria.

(iii)

PUD Development Plan. All materials and information required to be included in a PUD zoning request as set forth in Section 7-6-4(B)(3)(iii), PUD Development Plan, shall be submitted with a major PUD amendment request.

(iv)

PUD Development Guide. All materials and information required to be included in a PUD zoning request as set forth in Section 7-6-4(B)(3)(iv), PUD Development Guide, shall be submitted with a major PUD amendment request.

(v)

Supplemental Materials. The following items are also required to be submitted to the Town of Ridgway.

a.

Proof of minimum guaranteed water supply.

(vi)

Additional Requirements. Any other information deemed necessary by the Town Manager or designee to assist in the review of the application.

(4)

Completeness Review. The Town Manager or designee shall review the application for completeness in accordance with the provisions of Section 7-6-3(D), Completeness Review.

(5)

Evaluation by Staff and Review Agencies. Upon determination of completeness, the Town Manager or designee shall refer the application to additional reviewing agencies as set forth in Section 7-6-3(E), Referral Agencies, and review the application for conformance with the requirements and standards of this Municipal Code.

(6)

Staff Report. A staff report shall be prepared and provided to the reviewing body in accordance with Section 7-6-3(F), Staff Report.

(7)

Review and Recommendation by Planning Commission.

(a)

The Planning Commission shall review the major PUD Amendment application in a manner consistent with Table T-6.2 to evaluate compliance with applicable standards. Following their review of the application, the Planning Commission shall provide a recommendation to approve, approve with conditions, or deny the application to the Town Council based on the criteria set forth in Section 7-6-5(C), Approval Criteria.

(b)

The Planning Commission may, in its sole discretion, continue or postpone the public hearing to a specified date and time in order to permit preparation of additional information for further review by the Planning Commission prior to providing a recommendation to the Town Council.

(8)

Review and Action by Town Council.

(a)

The final decision to approve, approve with conditions, or deny a PUD Zoning Application shall be made by the Town Council in a manner set forth in Table T-6.2 and be based upon the review criteria set forth in Section 7-6-5(C), Approval Criteria.

(b)

The Town Council may, in its sole discretion, continue or postpone the public hearing to a specified date and time in order to permit preparation of additional information for further review by the Town Council prior to making a final decision.

(9)

Recordation. The applicant shall cause the PUD development plan and PUD development guide to be recorded with the Ouray County Clerk and Recorder as required by Section 7-6-3(I), Post Approval.

(C)

Approval Criteria. The approval criteria for a PUD zoning application set forth in Section 7-6-4(C), Approval Criteria, for a PUD Zoning request shall be found to be met by the application and supplemental materials in order for the Planning Commission and/or Town Council to recommend or approve a major PUD amendment application and associated development plan and development guide.

(Ord. 03-2023)

(A)

General Provisions.

(1)

Minor PUD amendments shall be determined by the Town Manager or designee and include any modification or amendment to an approved PUD development plan or development guide which does not constitute a major PUD amendment as defined in Section 7-6-5(A), General Provisions.

(2)

No minor PUD amendment shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce all provisions of law or in equity, except as to those lawfully modified, removed or released.

(3)

Minor amendments and/or modifications to an approved PUD development plan and/or development guides may be requested in accordance with this Section 7-6-6, Minor PUD Amendment.

(4)

No amendment may be made to an approved PUD plan and/or approved development guide during the construction of the improvements governed by the PUD.

(B)

Review Procedures.

(1)

Review Flowchart. Figure F-6.3, Minor PUD Amendment, depicts the minor PUD amendment application review process described in greater detail in this section.

Figure F-6.3 Minor PUD Amendment Flowchart

(2)

Pre-Application Meeting. A pre-application meeting may be held in accordance with the provisions set forth in Section 7-6-3(B), Pre-Application Meeting.

(3)

Application Submittal Requirements. The following are the application materials required to be submitted for a minor PUD amendment request. The Town Manager or designee may waive or alter any of the submittal requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards.

(a)

Basic PUD Application Materials. All materials set forth in Section 7-6-3(C), Basic PUD Application Materials.

(b)

Written Narrative.

(i)

General description of the amendment(s) being requested including the proposed amendments to the PUD general description, PUD development plan, and/or PUD development guide.

(ii)

Written narrative and description of how the proposed PUD amendment(s) comply with the standards of this Ridgway Municipal Code and the criteria set forth in Section 7-6-6(C), Approval Criteria.

(c)

PUD Development Plan. Updated PUD development plan depicting the proposed minor amendment(s), as applicable. The requirements of a PUD development plan identified in Section 7-6-4(B)(3)(iii), PUD Development Plan, should be used as a template.

(d)

PUD Development Guide. Updated PUD development guide depicting the proposed minor amendment(s), as applicable. The requirements of a PUD development guide identified in Section 7-6-4(B)(3)(iv), PUD Development Guide, should be used as a template.

(e)

Supplemental Materials. The following items are also required to be submitted to the Town of Ridgway.

(i)

Proof of minimum guaranteed water supply.

(f)

Additional Requirements. Any other information deemed necessary by the Town Manager or designee to assist in the review of the application.

(4)

Completeness Review. The Town Manager or designee shall review the application for completeness in accordance with the provisions of Section 7-6-3(D), Completeness Review.

(5)

Evaluation by Staff and Review Agencies. Upon determination of completeness, the Town Manager or designee shall refer the application to additional reviewing agencies as set forth in Section 7-6-3(E), Referral Agencies, and review the application for conformance with the requirements and standards of this Municipal Code.

(6)

Staff Report. A staff report shall be prepared and provided to the reviewing body in accordance with Section 7-6-3(F), Staff Report.

(7)

Review and Recommendation by Planning Commission.

(a)

The Planning Commission shall review the minor PUD Amendment application in a manner consistent with Table T-6.2 to evaluate compliance with applicable standards. Following their review of the application, the Planning Commission shall provide a recommendation to approve, approve with conditions, or deny the application to the Town Council based on the criteria set forth in Section 7-6-6(C), Approval Criteria.

(b)

The Planning Commission may, in its sole discretion, continue or postpone the public hearing to a specified date and time in order to permit preparation of additional information for further review by the Planning Commission prior to providing a recommendation to the Town Council.

(8)

Review and Action by Town Council.

(a)

The final decision to approve, approve with conditions, or deny a minor PUD Amendment shall be made by the Town Council in a manner set forth in Table T-6.2 and be based upon the review criteria set forth in Section 7-6-6(C), Approval Criteria.

(b)

The Town Council may, in its sole discretion, continue or postpone the public hearing to a specified date and time in order to permit preparation of additional information for further review by the Town Council prior to making a final decision.

(9)

Recordation. The applicant shall cause the PUD development plan and PUD development guide to be recorded with the Ouray County Clerk and Recorder as required by Section 7-6-3(I), Post Approval.

(C)

Approval Criteria. The following criteria shall be found to be met by the application and supplemental materials in order for the Planning Commission and/or Town Council to recommend or approve a minor PUD amendment application and associated development plan and development guide:

(1)

The minor PUD amendment is consistent with the efficient development and preservation of the entire PUD;

(2)

The minor PUD amendment is consistent with the applicable portions of the Master Plan in the reasonable judgement of the approving body;

(3)

The minor PUD amendment does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD; and

(4)

The minor PUD amendment protects the public interest.

(Ord. 03-2023)