Loading...
HomeMy WebLinkAboutExhibit F - Article 6 CC RecommDraft REDLINEMicrosoft Word - Article 6 Recommendation Draft REDLINE v1 ULUR 2008 GARFIELD COUNTY, COLORADO Article 6: Planned Unit Developments Code Committee RECOMMENDATION DRAFT REDLINE SEPTEMBER 4, 2012 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-i ARTICLE 6 PLANNED UNIT DEVELOPMENTS TABLE OF CONTENTS DIVISION 1 GENERAL. ......................................................... .......... 1 SECTION 6-101 GENERAL PROVISIONS. .............................................................. 1 A. Purpose. ........................................................................... ............................... 1 B. Applicability. .................................................................................................... 1 C. Concurrent Subdivision Submittal. .................................................................. 1 D. Concurrent Comprehensive Plan Submittal. ................................................... 1 DIVISION 2 PUD PLAN. .................................................................. 2 SECTION 6-201 REVIEW PROCESS. ...................................................................... 2 A. Overview. ........................................................................................................ 2 SECTION 6-103 REVIEW CRITERIA. ............................................................. ......... 3 A. Comprehensive Plan. ...................................................................................... 3 B. Intergovernmental Agreements. .......................................... ............................ 3 C. Purpose and Standards. ................................................................................. 3 D. Adequate Water Supply. ................................ ................................................. 3 E. Hazards. .......................................................................................................... 3 F. Established Standards. ................................................................................... 3 G. Rezoning Criteria. ................................................................................ ........... 3 H. Taxes Paid. ..................................................................................................... 3 SECTION 6-104 DEVELOPMENT STANDARDS .............................. ....................... 3 A. Density. ........................................................................................................... 3 B. Permitted Uses. ................................ .............................................................. 3 C. Site Plan. ......................................................................................................... 4 D. Building Height. ............................................................................................... 4 E. Lots. ...................................................................... .......................................... 4 F. Residential Density. ........................................................................................ 5 G. Phasing. ........................... ............................................................................... 5 DIVISION 3. PUD AMENDMENTS. .................................................. 6 SECTION 6-301 REVIEW PROCESS. ...................................................................... 6 A. Overview. ........................................................................................................ 6 SECTION 3-302. REVIEW CRITERIA. ..................................................................... 6 A. Comprehensive Plan. ...................................................................... ................ 6 B. Intergovernmental Agreements. ...................................................................... 6 C. Purpose and Standards. ................................................ ................................. 6 D. Adequate Water Supply. ................................................................................. 6 E. Hazards. ......................................... ................................................................. 6 F. Established Standards. ................................................................................... 6 G. Rezoning Criteria. ........................................................................................... 6 H. Taxes Paid. ....................................................................... .............................. 7 I. Enjoyment of abutting or adjoining Lands. ...................................................... 7 J. Maintain and Enforce. ....................................... .............................................. 7 K. Unanimous Approval of all Owners. ................................................................ 7 SECTION 6-105 DESCRIPTION OF SUBMITTAL REQUIREMENTS. .................... 9 A. General Application Materials. ........................................................................ 9 B. Vicinity Map. .......................... .......................................................................... 9 C. Site Plan. ......................................................................................................... 9 D. Water Supply Plan. ......................................................................................... 9 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-ii E. Erosion and Sedimentation Control Plan. ....................................................... 9 F. Impact Analysis ............................................................................................... 9 G. PUD Plan. ........................................................................................ ............... 9 H. PUD Plan Guide. ........................................................................................... 11 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-1 DIVISION 1 GENERAL. SECTION 6-101 GENERAL PROVISIONS. A. Purpose. The general purpose of PUD zoning is to permit greater design flexibility and, consequently, more creative and imaginative design for development than generally possible under conventional zoning and subdivision regulations, pursuant to C.R.S. 24-67-102. PUDs shall be in general conformance with the goals, objectives and Future Land use Map of the Comprehensive Plan. B. Applicability. 1. PUD zoning may be applied for on a single parcel of land or contiguous parcels of land with a minimum of 2 acres that is sufficient to accommodate an integrally planned environment, controlled by a single landowner, or by a group of landowners, to be developed as a unified plan for the number of dwelling units, commercial, educational, recreational or industrial uses, or any combination of the foregoing. 2. The PUD Plan for which does not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restriction to the existing land use regulations and zone district. 3. Applications for PUD zoning may be made for land located in any zoning district. C. Concurrent Subdivision Submittal. Any area proposed as for PUD zoning will be reviewed under the appropriate section within Article 5, Divisions of Land, if a separation of ownership interests in the PUD is intended. The subdivision review procedures may be carried out concurrently with a review of the PUD as outlined in this Section. Any PUD zoning decision shall be made prior to the subdivision Preliminary Plan. If an applicant chooses to process a PUD and subdivision concurrently, the applicant will forego the specified timeline for approval which shall be submitted in writing with their application. D. Concurrent Comprehensive Plan Submittal. A PUD may be processed simultaneously with a Comprehensive Plan Amendment. In this case, the Planning Commission must make a final decision on the Comprehensive Plan Amendment prior to a making a recommendation to the BOCC on action to be taken on the PUD. If an applicant chooses to process a PUD and Comprehensive Plan Amendment concurrently, the applicant will forego the specified timeline for approval which shall be submitted in writing with their application. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-2 DIVISION 2 PUD PLAN. SECTION 6-201 REVIEW PROCESS. A. Overview. Applications shall be processed according to Table 6-102, Common Review Procedures and Required Notice, with the following modifications: 1. Decision. Unless withdrawn by the applicant, any PUD that has been neither approved, conditionally approved, nor denied within 120 days from the date the application was determined complete, shall be deemed approved. Upon request by either the County or the applicant, a different, mutually agreeable time period for review may be established. a. The BOCC, may, at the time of zoning as a PUD, waive or modify specifications, standards and requirements such as density, setbacks, height restrictions, land dedications, improvement standards and related requirements that would be otherwise applicable to a particular land use, if such waiver or modification furthers the objectives of these regulations. b. The approval of a PUD constitutes a Zone District Amendment and shall be recorded on the Official Zoning Maps and recorded with the Garfield County Clerk and Recorder within 30 calendar days of BOCC approval. The PUD Plan does not become effective until it is recorded with the County Clerk and Recorder c. The applicant must complete all conditions of the PUD Plan approval prior to recording the PUD Plan and associated documents. The approved PUD zoning and the approved PUD Plan, including the PUD Plan Guide are inseparable and a PUD shall not be established without the approval of the related PUD Plan documents. 2. Duration of Approval and Expiration. a. The applicant must begin development of the PUD within 1 year from the time of its final zone change approval; provided, however, that the PUD may be developed in stages and the BOCC may approve the commencement of development activity beyond 1 year. The applicant must complete the development of each phase of the PUD as a whole in substantial compliance with the development schedule approved by the BOCC. b. If the applicant does not comply with the time limits imposed by the preceding subsection, the BOCC shall review the PUD in a public hearing noticed as required in Section 4-101.E.1, and may revoke approval for the uncompleted portion of the PUD, or require that the PUD be amended, or extend the time for completion of the PUD. 3. The current and future owners and their assigns shall be required to develop the proposed project in accordance with the approved and recorded PUD Plan. 1 Should this be published, posted and mailed notice? GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-3 SECTION 6-103 REVIEW CRITERIA. An application for PUD Zoning shall meet the following criteria: A. Comprehensive Plan. The PUD is in general conformance with the Comprehensive Plan B. Intergovernmental Agreements. The PUD is in compliance with any applicable Intergovernmental Agreement. C. Purpose and Standards. The PUD meets the Purpose and Standards of this Article. D. Adequate Water Supply. An adequate water supply will be demonstrated in compliance with Section 7-104. E. Hazards. Hazards will not be increased. F. Established Standards. The PUD Plan Guide adequately establishes standards governing the density or intensity of land use, and methods for determining such density or intensity. G. Rezoning Criteria. The Rezoning Review Criteria in Section 4-112.C have been met. H. Taxes Paid. All taxes applicable to land have been paid, as certified by the County Treasurer’s Office. SECTION 6-104 DEVELOPMENT STANDARDS The BOCC, at the time of zoning as a PUD, may waive or modify the specifications, standards and requirements which would be otherwise applicable, as requested by the applicant. Any waiver or modification of specifications, standards and requirements will only be approved if it can be demonstrated that the proposed waiver(s) if adequately designed and engineered.2 A. Density. The total number of dwelling units and level of nonresidential development allowed within a PUD shall comply with the Comprehensive Plan pursuant to C.R.S. §24-67-104, and shall not exceed the level that can be adequately served by public facilities. B. Permitted Uses. 1. Permitted uses within the PUD are all uses that are either permitted in the underlying zone district or are in general conformance with the Comprehensive Plan, pursuant to C.R.S. §24-67-104. 1. The uses which shall be permitted in any particular PUD shall be those permitted by the PUD Guide per the adopted resolution zoning the particular area PUD. 2 Should this reference back to Section 4-117, Waiver of Standards? GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-4 C. Site Plan. The PUD shall meet the following site plan criteria unless the applicant can demonstrate that 1 or more of them is not applicable or that a practical solution has been otherwise achieved: 1. The PUD shall have an appropriate relationship to the surrounding area, including scale, intensity, and type of uses located on adjacent properties, with adverse effects on the surrounding area being mitigated or minimized. 2. The layout and design of the PUD shall work to preserve views and vistas and the design shall be compatible with the surrounding natural environment. 3. The PUD shall provide an adequate internal street circulation system designed for the type of traffic generated, safety, separation from living areas, convenience and access. Private internal streets may be permitted, provided that adequate access for police and fire protection is maintained. Bicycle traffic shall be provided for when the site is used for residential purposes. 4. The PUD shall provide parking areas adequate in terms of location, area, circulation, safety, convenience, separation and screening. 5. The PUD shall provide for variety in housing types and densities, other facilities, if applicable. 6. The PUD shall provide adequate privacy between dwelling units. 7. The PUD shall provide pedestrian ways adequate in terms of safety, separation, convenience, and access to points of destination and attractiveness. 8. The PUD shall provide recreational opportunities and amenities to residents of the PUD, if applicable. D. Building Height. The maximum height of buildings may be increased above the maximum permitted for like buildings in other zone districts in relation to the following characteristics of the proposed building: 1. Geographical location; 2. Probable effect on surrounding slopes and mountainous terrain; 3. Unreasonable adverse visual effect on adjacent sites or other areas in the immediate vicinity; 4. Potential problems for adjacent sites caused by shadows, loss of air circulation or loss of view; 5. Influence on the general vicinity, with regard to extreme contrast, vistas and open space; and E. Lots. 1. The maximum lot areas and the minimum setback restrictions may be decreased below and the maximum lot coverage may be increased above those applicable to like buildings in other zone districts to accommodate specific building types with unusual orientation on the lot or relationship between buildings. 2. The averaging of lot areas shall be permitted to provide flexibility in design and to relate lot size to topography, but each lot shall contain an acceptable building site. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-5 3. The clustering of development with useable common open areas shall be permitted to encourage provision for, and access to, common open areas and to save street and utility construction and maintenance costs. Such clustering is also intended to accommodate contemporary building types which are not spaced individually on their own lots but share common side walls, combined service facilities or similar architectural innovations, whether or not providing for separate ownership of land and buildings. F. Residential Density. The overall average residential density shall be calculated by summing the number of residential dwelling units planned within the boundary of the PUD and dividing by the total gross area expressed in acres within the boundary of the PUD. Averaging and transferring of densities within the PUD shall be allowed upon a showing of conformance with the purposes of this section through appropriate design features within the PUD that will achieve high standards of design and livability. 1. The density of dwelling units in any particular area may be greater than the maximum permitted for a like use in other zone districts. However, the overall residential density shall be no greater than 2 dwelling units per gross acre within the PUD; provided, that the BOCC may allow an increase to a maximum of 15 dwelling units per gross acre in areas where: a. Public water and sewer systems, owned and operated by a municipal government or special district, pursuant to C.R.S. 32-1-103(20), are readily available; and b. The prior zoning classification allowed residential densities greater than 2 dwelling units per gross acre. G. Phasing. 1. Each phase within a PUD shall be planned and related to existing surrounding and available facilities and services so that failure to proceed to a subsequent phase will not have a substantial adverse impact on the PUD or its surroundings. 2. The proposed PUD development and construction shall be done in such manner and fashion that minimizes disturbance to adjacent land uses and owners. 3. Access for all construction equipment shall be designated within the PUD proposal and shall bear a logical relationship to any proposed phasing of the development. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-6 DIVISION 3. PUD AMENDMENTS. SECTION 6-301 REVIEW PROCESS. Applications for PUD Plan Amendments shall be processed according to Table 6-102, Common Review Procedures and Required Notice, with the following modifications: A. Overview. 1. Pre-Application Conference. A Pre-Application conference shall be held pursuant to Section 4-101.A. The Director shall make 1 of the following 3 determinations during or in a pre-application conference summary. a. Minor Modification. The Director shall apply the criteria in Section 4-106.C. to determine if the proposed PUD amendment is minor in nature. Upon finding the amendment is a minor modification, the Director shall approve the amendment. b. Substantial Modification. If the Director determines that the proposed PUD amendment constitutes a substantial modification, the change shall require a new application for PUD Zoning. The Director shall determine the contents of the application submission requirements for a substantial modification request. In all cases, modifications to the project phasing will be deemed a Substantial Modification. c. Determination by the BOCC. The Director shall have the discretion to require the determination of the amendment request to be decided by the BOCC in a public meeting, even if the Director finds the request to be minor in nature. 2. Call-Up by BOCC. The Director’s determination is subject to Section 4-111, Call-Up by BOCC. SECTION 3-302. REVIEW CRITERIA. An application for PUD Amendment shall meet the following criteria: A. Comprehensive Plan. The PUD is in general conformance with the Comprehensive Plan B. Intergovernmental Agreements. The PUD is in compliance with any applicable Intergovernmental Agreement. C. Purpose and Standards. The PUD meets the Purpose and Standards of this Article. D. Adequate Water Supply. An adequate water supply will be demonstrated in compliance with Section 7-104. E. Hazards. Hazards will not be increased. F. Established Standards. The PUD Plan Guide adequately establishes standards governing the density or intensity of land use, and methods for determining such density or intensity. G. Rezoning Criteria. The Rezoning Review Criteria in Section 4-112.C have been met. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-7 H. Taxes Paid. All taxes applicable to land have been paid, as certified by the County Treasurer’s Office. I. Enjoyment of abutting or adjoining Lands. No substantial modifications, removal or release of the provisions of the Plan by the County shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of Section 24-67-104. C.R.S., that the preservation of the entire PUD does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. J. Maintain and Enforce. No modification, removal or release of the provisions of the Plan by the County shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; K. Unanimous Approval of all Owners. If time-share or fractional ownership units or other similar interest in property are proposed after PUD zoning is granted by the BOCC, an application for such designation shall contain unanimous approval of all owners of real property within the PUD. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-8 Table 6-102: Common Review Procedures and Required Notice  Common Review Procedure Applicable Pre-Application Conference 4-101.A. Completeness 4-101.B. Referral Agency 4-101.C. Evaluation by Director 4-101.D. Notice 4-101.E. Recommendation 4-101.F. Decision 4-101.G. Duration of Approval/Exp. 4-101.H Extension of Approval 4-101.I. Required Notice BOA Board of Adjustments Published Mailed Posted Additional BOCC Board of County Requirements Commissioners D Director PC Planning Commission PUD Zoning      PC BOCC      Notice required for both PC and BOCC. PUD Amendment  D Text Change requires published notice only. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-9 SECTION 6-105 DESCRIPTION OF SUBMITTAL REQUIREMENTS. The following information shall be submitted for PUD zoning application. A. General Application Materials. Per Section 4-203.B, including Application Form and Fees. B. Vicinity Map. Per Section 4-203.C. C. Site Plan. Per Section 4-203.D. D. Water Supply Plan. Per Section 4-203.M. E. Erosion and Sedimentation Control Plan. Per Section 4-203.E. including a Revegetation and geotechnical plan3 for any disturbance of slopes 30% or greater. F. Impact Analysis Per Section 4-203.G. G. PUD Plan. 1. PUD General Descriptions. A written description of the proposal shall include the following information. a. General project concept and purpose of the request. b. Explanation of how the PUD is in general conformance with the Comprehensive Plan. c. Description of how the proposed development departs from the otherwise applicable standards of this Code, and how the proposed development is an improvement over what would be required under otherwise applicable standards. d. Relationship of the proposed PUD development to the existing land uses and adjacent property land uses e. Phasing and timing for the proposed development including the estimated date start and completion date of construction of each phase. 2. PUD Technical Descriptions. A written description of the proposal shall include the following information. a. Method and calculation used to determine overall project and specific use type densities. b. Method of wastewater treatment and disposal. The PUD shall demonstrate how common wastewater facilities will be controlled or governed by the future owners within the PUD. c. Method of delivering legal and adequate water. The PUD shall demonstrate how common water facilities will be controlled or governed by the future owners within the PUD d. Type or method of fire protection. e. Description of natural and manmade hazards and methods for mitigation. 3 Check to see if these are already required as part of E. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-10 f. Description of who or what entity shall be responsible for the provision of and payment for the proposed community facilities, if necessary. g. Discussion of impacts on County services, schools, town services and any other unique operation that may be pertinent to a review of the proposed zone change and methods for mitigation. h. Discussion of impacts on existing flora and fauna, air quality, wildlife, historical lands or sites, drainage or mineral extraction and methods of mitigation. i. Estimated construction costs and proposed method of financing of the streets and related facilities, water distribution system, sewage collection system, storm drainage facilities, and such other utilities as may be required of the applicant by the County. j. Documentation showing legal access or documentation demonstrating the likelihood of achieving legal access within 2 years a PUD approval. 3. PUD Plan Map. The map of the PUD Plan shall provide illustratively the following information. The map shall be drawn at a scale of 1 inch equals 100 feet or a scale approved by the Director which clearly shows the entire proposal. Photo Mylar shall be used with outer dimensions of 24 inches by 36 inches. a. Legal description. b. Vicinity map to scale. c. Location, acreage (calculated to 2 decimal places) and type of all land uses and proposed densities. d. Location, acreage (calculated to 2 decimal places) and type of land to be held in common, open space devoted to community use, and land to be dedicated for public use, including school sites. e. Location and acreage of all roads and accesses including names and right-of-way width of each street or other right-of-way, even if for private maintenance and responsibility. f. Location and description of monuments. g. 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. h. 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. i. Uses and grantees of all existing and proposed easements and rights-of-way on or adjacent to the parcel, shown by location and dimension. j. Number to identify each lot or site, such as lot and block numbers. k. Gross and net acreage (calculated to 2 decimal places) of individual lots or sites. l. Floodplains and building envelopes. m. Statement by owner dedicating streets, rights-or-ways and any site for public use. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-11 n. Certification of title showing the applicant is the land owner or option-holder. o. Certification by the project surveyor certifying to the accuracy of the survey and plat. p. Certification for approval of the Board of County Commissioners. q. Certification for the County Clerk and Recorder. 4. County Roads/Public Rights of Way plans and profiles.4 5. Covenants, Conditions, Restrictions which will govern the use or occupancy off the PUD. Additional CCRs may be imposed at time of platting. 6. Mechanism for maintaining and preserving open space and common areas. 7. Certification of taxes paid. H. PUD Plan Guide. 1. The PUD Plan Guide shall propose reasonable standards and requirements for the PUD development and shall include, at a minimum: a. Proposed regulations such as height limits, access requirements, floor area rations, allowable uses minimum lot area, maximum lot coverage, minimum setbacks, maximum height of buildings, and all other uses and restrictions applicable to the area proposed to be zoned as PUD written in a form, the same as or similar to, the Zone District Regulations in Article 3. b. Landscape design guidelines that include design criteria for the construction of parks, trails, rights-of-ways and all other land held in common, if applicable. c. Appropriateness of standards and requirements for development shall be evaluated on the basis of the environmental and impact assessment, referral agency response, professional and academic reports and studies, adjacent land uses and natural environment, locations and other information available to the County. 2. The County zoning regulations shall be applicable to any conditions not provided for by the approved PUD Plan Guide. 3. Code, Covenants and Restrictions. 4 Is this really needed at PUD phase? ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-201 REVIEW PROCEDURES GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-2 DIVISION 1 GENERAL SECTION 6-101 GENERAL PROVISIONS OF PLANNED UNIT DEVELOPMENT. A. Purposes. The purpose of a PUD is to permit and encourage greater flexibility and innovation so that the development is compatible with the site’s physical and environmental characteristics. The PUD provides an opportunity for a mixture of uses and housing types in a coordinated manner that may not be possible in a traditional zoning district. Regulatory provisions Article VI, PUD are pursuant to Title 24, Article 67, C.R.S. B. Conformity with the County Comprehensive Plan and Intergovernmental Agreements. The PUD shall conform to the County's Comprehensive Plan and applicable intergovernmental agreements. C. Relationship to Zoning and Subdivision. 1. Customized Zoning District. The PUD is a type of customized zoning district. The PUD application submittal requirements, review procedures and approval standards are set forth in Article VI, Planned Unit Development (PUD), and shall apply to any PUD rezoning instead of the requirements and standards applicable to rezoning in the event of conflicting regulations, unless otherwise provided by these Regulations. 2. Waiver or Modification of Requirements. The Board of County Commissioners may, at the time of zoning as a PUD, waive or modify specifications, standards and requirements such as density, setbacks, height restrictions, land dedications, improvement standards and related requirements that would be otherwise applicable to a particular land use, if such waiver or modification furthers the objectives of these regulations. 3. Application of Subdivision Regulation. Where individual lots will be created within the boundaries of a PUD zone, the subdivision regulations in Division 3, Subdivision Review Process of Article V, Division of Land shall apply, and the PUD shall be reviewed together with the preliminary plat for the subdivision. 4. Permitted Uses. All uses that are permitted in the underlying zone district where the PUD is located and any other uses that are consistent with the Comprehensive Plan may be permitted in a PUD. 5. Transit Area Planned Unit Development: (hereinafter a TPUD) a. Shall mean a single parcel of land or contiguous parcels of land meeting the above definition of a “Planned Unit Development” and which also is located within 2000 feet of a planned or developed mass transit terminal or station which has been approved ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-201 REVIEW PROCEDURES GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-3 pursuant to Article 14, Areas of State Interest, Areas Around Mass Transit Stations or Terminals of these regulations. If any portion of a property or parcel contained within a PUD is within 2000 feet of a planned or developed mass transit station or terminal the entire property, parcel or PUD shall be deemed to be included within a TPUD. b. A “planned” mass transit terminal or station, is herein defined as a facility identified in a bonafide and endorsed conceptual planning process by an agency or authority with legal standing to undertake alternatives analysis and conceptual design, and where that facility has been approved pursuant to Article 14, Areas of State Interest, Areas Around Mass Transit Stations or Terminals of these regulations. The 2000 foot radius, where the facility is not yet in place or designed, shall be deemed to be from the center point of a probable location. Where there may be several probable locations in a given area, the Applicant may show such alternatives and accommodate those in the conceptual design and Sketch Plan of a TPUD in consultation with the board and to assist in review by a Mass Transit Agency. DIVISION 2 PLANNED UNIT DEVELOPMENT REVIEW PROCESS SECTION 6-201 REVIEW PROCEDURES A. Pre-application Conference. A Pre-Application Conference shall be held in accordance with the provisions of Section 4-103(A), Pre-Application Conference of Article IV. 1. Concept Narrative. The applicant shall present a Concept Narrative of the proposed PUD in sufficient detail to accurately convey the general concept of the proposal. Detail shall include: a. Concept Description. Location of property; existing zoning, use and density; proposed zoning, use, densities and lot sizes; existing zoning and use of surrounding property, including densities; existing and proposed access; existing and proposed source of water; existing and proposed wastewater treatment system; phasing if entire project is not being done at one time; unique features on the site which might enhance the site and proposed use; a discussion of the anticipated impacts and proposed mitigation. b. Additional Information Required. At the request of the Director, the applicant shall provide any reasonable additional conceptual information as needed to help clarify the proposal being made. B. Rezoning. ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-201 REVIEW PROCEDURES GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-4 The process for Rezoning is set forth in Section 4-201, of Article IV, Application and Review Procedures. C. Subdivision Review (if division of land is proposed within PUD). The process for subdivision review is set forth in Section 5-405 of Article V, Divisions of Land. Where a Preliminary Plan application is included with a PUD application, the subdivision regulations requirements will supersede the PUD requirements where the same information or more detailed information is required as part of a subdivision application. D. PUD Plan Review. The following procedures shall apply to the PUD Plan Review (Resolution 2009-53). 1. Application. The application materials required for PUD Plan Review are set forth in Section 6–301. 2. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4-103(C). 3. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the PUD Plan for consideration by the Planning Commission. a. Public hearing by the Planning Commission shall be held within sixty (60) calendar days of the date of determination of completeness. b. Public notice of the hearing shall be made pursuant to Section 4-103(F). 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable standards set forth in Section 6-202, PUD Approval Standards, and prepare a staff report pursuant to Section 4-103(E) of Article IV. a. Review by Referral Agencies. The Director’s evaluation of the application shall include comment by referral agencies received under Section 4-103(D). 5. Review and Recommendation by the Planning Commission. An application for a PUD Plan shall be considered by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-103(G). a. Recommendation by Planning Commission. The Planning Commission shall recommend approval, approval with conditions or denial of the application based upon compliance with the standards set forth in Section 6-202. ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-201 REVIEW PROCEDURES GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-5 (1) Recommendation of Approval. If the application satisfies all of the applicable standards, the Planning Commission shall recommend that the application be approved. The Planning Commission may recommend approval with conditions determined necessary for compliance with applicable standards. (2) Recommendation of Denial. If the application fails to satisfy all of the applicable standards the Planning Commission shall recommend that the application be denied. 6. Schedule Public Hearing. The Director shall schedule the application for consideration by the Board of County Commissioners. a. Public hearing by the Board of County Commissioners shall be held within forty-five (45) calendar days of the date of the Planning Commission recommendation. b. Public notice of the hearing shall be made pursuant to Section 4-103(F). 7. Review and Action by the Board of County Commissioners. The final decision to approve, approve with conditions or deny an application for a PUD Plan shall be made by the Board of County Commissioners at a public hearing. a. Decision by Board. The Board of County Commissioners shall approve, approve with conditions or deny the application based upon compliance with the standards set forth in Section 6-202 as well as any other applicable requirements of this Resolution. (1) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The Board may approve the application with conditions determined necessary for compliance with applicable standards. (2) Denial of Application. If the application fails to satisfy any one of the applicable standards, the application shall be denied. 8. Revisions to Zoning District Maps. Approval of a PUD Plan shall be recorded on the Official Zoning Maps filed in the Planning Department as soon as practicable after the PUD becomes effective. 9. Expiration of Approval. Unless otherwise stated in action by the Board of County Commissioners, the Board’s decision to approve or conditionally approve the PUD plan shall be effective for a period of one year. The applicant may request an extension of one year. ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-201 REVIEW PROCEDURES GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-6 10. Extension of Approval. A request for extension of approval shall be considered by the Board of County Commissioners at a regularly scheduled public meeting. b. The request for extension shall include the following information. (1) The reasons for the applicant’s inability to comply with the specified deadlines. (2) Changes in the character of the neighborhood or changes in the Land Use Code or Comprehensive Plan which have occurred since approval of the preliminary plan, and the effect of such changes on the proposed development. b. The Board may grant an extension based upon the following criteria. (1) The applicant has applied for an extension prior to the date of expiration of approval. (2) There has been no change or proposed change in the Code, the Comprehensive Plan, or the surrounding neighborhood which would substantially affect the proposed development. E. Recordation 1. Completion of Conditions of Approval. The applicant must complete all conditions of the PUD Plan approval prior to recording the PUD Plan and associated documents. 2. Approval of PUD Development Guide. The PUD Plan may not be filed for recording until the Board has approved a PUD Development Guide. 3. Effective Upon Recording. The PUD Plan does not become effective until it is properly filed for recording with the County Clerk and Recorder. 4. Public Sale of Lots. A PUD becomes complete and eligible for public sale of lots and development only after the PUD Plan and associated documents are recorded. F. Amendment to an Approved PUD All amendments to an approved PUD shall be processed as a Rezoning as set forth in Section 4-201, of Article IV, Application and Review Procedures. 1. Pre-Application Conference. A Pre-Application Conference shall be held in accordance with the provisions of Section 4-103(A), Pre-Application Conference. 2. Application. The application materials required for a PUD approval are set forth in Section 6-301(B). Within thirty (30) working days of the date of the ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-201 REVIEW PROCEDURES GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-7 Pre-Application Conference, the Director shall make a determination as to whether the proposed change(s) constitutes a substantial modification to the approved PUD or conditions of approval contained in the Resolution of Approval. a. No Substantial Modification. If the Director determines that the change does not constitute a substantial modification to the approved PUD, the application shall follow the Administrative Process in Section 4-104 of this Resolution. The Director shall determine the applicable submittal materials (Resolution 2010-26). b. Substantial Modification. If the Director determines that the change constitutes a substantial modification, the PUD amendment shall be considered a new application and submit the required materials identified in Section 6-301. 3. Written Notice of Decision. The Director shall inform the applicant of the determination in writing within five (5) working days of the date of decision. Notice of the Director’s decision shall also be provided to the Board of County Commissioners. 4. Request by Applicant for Reconsideration of Decision. An applicant may request review of the Director’s decision by the Board of County Commissioners by filing a written request within ten (10) calendar days of the date of receipt of written notice of the decision by the Director. a. Schedule Public Hearing. The Director shall schedule the request for review by the Board of County Commissioners. (1) Public hearing by the Board of County Commissioners shall be held within forty-five (45) calendar days of the date of receipt of the request for review. (2) Public notice of the hearing shall be made pursuant to Section 4-103(F), Notice of Public Hearing. b. Decision by Board. Following a public hearing conducted pursuant to Section 4-103(G), Conduct of Public Hearing, the Board of County Commissioners may uphold the Director’s decision, modify the decision, or reverse the decision. SECTION 6-202 PUD APPROVAL STANDARDS. In addition to the standards set forth in Divisions 1, 2 and 3 of Article VII, Standards, the following standards shall apply to PUD applications. A. Compliance with Rezoning Standards. The PUD complies with the approval criteria in Section 4-201(C), Rezoning Criteria. ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-202 PUD APPROVAL STANDARDS GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-8 B. Relationship to Surrounding Area. The PUD will not have an adverse impact on the surrounding area. The PUD is compatible with the scale, intensity and type of uses located on adjacent property. C. Visual Impacts. The layout and design of the PUD shall preserve views and vistas, construction on ridgelines that are visible from major roadways or residential development shall be prohibited, and the design shall be compatible with the surrounding natural environment. D. Street Circulation System. The PUD shall provide an adequate internal street circulation system designed for the type of traffic generated, safety, separation from living areas, convenience and access. Private internal streets may be permitted, provided that adequate access for police and fire protection is maintained. Bicycle traffic shall be provided for when the site is used for residential purposes. E. Pedestrian Circulation. The PUD shall provide pedestrian ways throughout the PUD that allow residents to walk safely and conveniently among areas of the PUD. F. Open Space. The PUD shall preserve at least twenty-five (25) percent of the area as open space. G. Housing Variety. The PUD shall provide for variety in housing types, price and ownership forms. H. Affordable Housing. The PUD shall comply with affordable housing requirements applicable pursuant to Section 8-102 of Article VIII, Affordable Housing. I.Fire Hazards. Fire hazards will not be created or increased; J. Recreation Amenities. The PUD shall provide recreational opportunities and amenities to residents of the PUD. K. Adequacy of Supporting Materials. The Final PUD Plan meets all planning, engineering, and surveying requirements of these Regulations for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials. L. Taxes. All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office. ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-202 PUD APPROVAL STANDARDS GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-9 M. Adequate Water Supply. An Adequate Water Supply will be demonstrated in compliance with the standards in Section 7-105. DIVISION 3 PLANNED UNIT DEVELOPMENT (PUD) SUBMITTAL REQUIREMENTS SECTION 6-301 GENERAL SUBMITTAL REQUIREMENTS. A. Professional Qualifications. The professional qualifications for preparation and certification of documents required by these PUD regulations are set forth in Section 4-502(A), of Article IV, Application and Review Procedures. B. Application Materials. Following are the application materials required for a PUD. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form and Fees 2. Vicinity Map 3. Application Materials required for Rezoning Request 4. Application Materials required for Subdivision (if land division is proposed within the PUD) 5. PUD Plan a. Site Plan b. Written Description c. Land Suitability Analysis d. Impact Analysis e. Erosion Control and Drainage Report f. PUD Development Guide, proposed 4. Final PUD Plan a. Site Plan b. Streets/Roads Plans and Profiles c. Covenants, Conditions, Restrictions d. PUD Development Guide, approved GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-1 C. Description of Submittal Requirements. 1. Rezoning Request. The application materials for Rezoning Request are set forth in Section 4-501(G) of Article IV, Application and Review Procedures. 2. Subdivision. The application materials for Subdivision are set forth in Section 5-501(F) of Article V, Divisions of Land. 3. Application Form. Application forms for a land use change application proposing PUD development shall be obtained from the Planning Department. Completed application forms and accompanying materials shall be submitted to the Director by the owner, or any other person having a recognized fee title interest in the land for which a land use change is proposed, or their authorized agent. a. Applicant is not the owner. If the applicant is not the owner of the land, or is a contract purchaser of the land, the applicant shall submit a letter signed by the owner consenting to the submission of the application. c. 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 the other owners or an association representing the owners consenting to or joining in the application. d. Land subject to a conservation easement. If land is subject to a conservation easement, the applicant shall: (1) Submit a letter signed by the holder of the conservation easement stating that the Application is consistent with the terms of the conservation easement; (2) Submit a letter signed by the holder of the conservation easement stating that the Application is not consistent with or is prohibited by the terms of the conservation easement; (3) Submit a letter signed by the holder of the Conservation Easement waiving the right to comment on or participate in the Application process; or (4) Submit evidence satisfactory to the County showing that the holder of the conservation easement has no right to consent to or join in the application. A copy of the conservation easement shall be submitted with other documentation of ownership (Resolution 2010-26). 4. Fees. The application must be accompanied by the appropriate fees. A schedule of fees is available through the Planning Department. a. Payment of Consultant Fees. Pursuant to Section 4-102, Consultants, the cost of consultant and referral agency review are the responsibility of the applicant. ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-202 PUD APPROVAL STANDARDS GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-2 (1) The County may require a deposit for payment of consultant and referral agency review fees, based upon estimated consultant review costs, at the time of application and in addition to the application fees. (2) The County may suspend the application review process pending payment of consultant costs. 5. General Requirements for Maps and Plans. The following are general requirements for the maps and plans submitted under these application and review procedures. a. Name or identifying title of the proposed development or use. b. Total area of the site, in acres. c. Name, address and telephone number of the applicant, person preparing the map or plan, designer, engineer, surveyor, and any other consultants of the applicant. d. Date of preparation, revision box, written scale, graphic scale, and north arrow. 6. Vicinity Map. An 8 ½ x 11 inch vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property, and all property within a 3-mile radius of the subject property. 7. Site Plan, Preliminary PUD Plan. The site plan for a Preliminary PUD Plan shall include the following information. a. Prepared on standard 24 x 36 sheets b. Adjacent land owned by the applicant that is not part of the proposed request and the current and intended use of the land. c. Topography at ten-foot contours, with delineation of areas having slopes twenty percent or more and other significant topographic conditions at more defined contours. d. Public access to site, and internal circulation. 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. e. Existing land uses and zoning on adjoining properties. f. Public or private sources of utility services and facilities. g. Areas for landscaping. ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-202 PUD APPROVAL STANDARDS GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-3 h. Location of all land uses and proposed densities, where applicable. i. Proposed use and gross square footage of structures and anticipated number of employees if commercial or industrial uses. j. Depiction of all natural and man-made water courses, retention areas, streams and lakes. Any known one hundred year 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 Corps of Engineers or another recognized source. k. Land to be held in common, open space devoted to community use, and land to be dedicated to County. l. Environmental impact study and assessment including, but not be limited to, drainage studies, wildlife habitats, soils, vegetation and slope analysis, County services, town services, transportation, schools, climate, air quality, geology and minerals, topography, water, recreation, visual resources, economics and sociology and noise. m. Water supply plan approved by the State Division of Water Resources. n. Building envelopes in hazardous areas to protect trees and other natural resources, if deemed appropriate by planning staff o. Signature block. 8. Final PUD Plan. The Final PUD Plan shall conform to the following requirements. a. Location or vicinity map to scale. b. Drawing at a scale of 1 inch equals 100 feet or a scale approved by the Director which clearly shows the entire proposal. Photo Mylar shall be used with outer dimensions of 24 x 36. c. Legal description. d. 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. e. Location and description of monuments. f. 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. ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-202 PUD APPROVAL STANDARDS GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-4 g. Names and right-of-way width of each street or other right-of-way, even if for private maintenance and responsibility. h. Uses and grantees of all existing and proposed easements and rights-ofway on or adjacent to the parcel, shown by location and dimension. i. Statement by owner dedicating streets, rights-of-way, and any sites for public use. j. Number to identify each lot or site, such as lot and block numbers. k. Purposes of sites other than residential lots that are dedicated or reserved. l. Gross and net acreage of individual lots or sites, calculated to two decimal places. m. Flood plains and building envelopes. n. Certification of title showing the applicant is the land owner or optionholder. o. Certification by the project surveyor certifying to the accuracy of the survey and plat. o. Certification of Planning Department. p. Certification for approval of the Board of County Commissioners. q. Certification for the County Clerk and Recorder. r. Additional Materials. (1) Streets/roads plans and profiles. (2) Covenants, Conditions, Restrictions. (3) Estimated construction costs and proposed method of financing of the streets and related facilities, water distribution system, sewage collection system, storm drainage facilities, and such other utilities as may be required of the applicant by the County. (4) Development Guide (5) Erosion control and drainage report. (6) Mechanism for maintaining and preserving open space and common areas. (7) Certification of taxes paid. ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-202 PUD APPROVAL STANDARDS GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-5 9. PUD Written Description. A written description of the proposal shall include the following information. a. The names and addresses of owner, applicant and representative. b. General project concept and purpose of the request. c. Relationship of the proposed PUD development to the existing land uses and adjacent property land uses d. The staging and timing for the proposed development. e. Compliance with the Comprehensive Plan. f. Source of and legal right to water. Written confirmation of service availability from a water and sanitation district if the property lies within the district boundaries. g. Method of wastewater treatment and disposal. h. Type or method of fire protection. i. The names and addresses of 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 k. Discussion of impacts on County services, schools, town services and any other unique operation that may be pertinent to a review of the proposed zone change l. Discussion of impacts on existing flora and fauna, air quality, wildlife, historical lands or sites, drainage or mineral extraction 10. PUD Development Guide. Any PUD must submit a PUD Development Guide prior to approval of the PUD rezoning. a. Provisions established by the PUD Development Guide shall comply with goals and policies of the Comprehensive Plan and any intergovernmental agreement affecting land use or development. b. The PUD Development Guide shall contain landscape design guidelines that include design criteria for the construction of parks, trails, rights-of-ways and all other land held in common. c. The PUD Development Guide shall propose reasonable standards and requirements for the PUD development. Appropriateness of standards and requirements for development shall be evaluated on the basis of the environmental and impact assessment, referral agency response, professional and academic reports and studies, adjacent land uses and natural environment, ARTICLE VI PLANNED UNIT DEVELOPMENT (PUD) 6-202 PUD APPROVAL STANDARDS GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 6-6 locations and other information available to the County. The current and future owners and their assigns shall be required to develop the proposed project in accordance with the approved and recorded PUD Plan. The County zoning regulations shall be applicable to any conditions not provided for by the approved Development Guide. 11. Impact Analysis. The requirements for an Impact Analysis are set forth in Section 4-502(E) of Article IV, Application and Review Procedures. 12. Land Suitability Analysis The requirements for a Land Suitability Analysis are set forth in Section 4-502(D) of Article IV, Application and Review Procedures.