Chapter VII, Section III - Planned Unit Developments
Article II Approval Process
Sec. 7-3-8 Preapplication conference with staff
Sec. 7-3-9 Preapplication meeting with Planning Commission
Sec. 7-3-10 Schematic plan
Sec. 7-3-11 Planning Commission review of schematic plan
Sec. 7-3-12 Planning Commission action on schematic plan
Sec. 7-3-13 Town Board action on schematic plan
Sec. 7-3-14 Final development plan
Sec. 7-3-15 Planning Commission action on final development plan
Sec. 7-3-16 Review of final development plan by Town Board
Sec. 7-3-17 Town Board review and action on final development plan
Sec. 7-3-18 Additional Town Board action on final development plan
Sec. 7-3-19 Final development plan; effect of approval
Sec. 7-3-20 Construction permit terms; plan changes
Sec. 7-3-21 Approval; effective term; extensions
Sec. 7-3-22 Changes in approved plans
Sec. 7-3-8. Preapplication conference with staff.
The applicant shall have a meeting with the Town staff prior to submitting the PUD master plan for Planning Commission review. This meeting shall be to review the general feasibility of the proposal and shall include site inspection by the staff. There shall be no deadline for submitting plans for this review; however the staff shall have a maximum of thirty (30) days in which to make field inspection and return comments to the applicant. (Ord. 480 §2, 2000)
Sec. 7-3-9. Preapplication meeting with Planning Commission.
Prior to actual submission of the Schematic PUD Plan and before any site improvements are made, a preapplication conference shall be held with the Planning Commission and/or its staff for the purpose of establishing general guidelines and eliciting direction from the members of the Planning Commission regarding specific questions or problem areas of a PUD. The preapplication conference is a vehicle intended to provide the applicant with general guidance and knowledge of the acceptability of any proposed PUD prior to the expenditures of large amounts of time and money in the planning effort. (Ord. 480 §2, 2000)
Sec. 7-3-10. Schematic plan.
After the applicant has received the guidance and comments of the Planning Commission during the preapplication conference, he or she may choose to proceed with submission of the schematic plan according to the following:
(1) The applicant shall submit ten (10) copies, or more as may be required, of the completed application form, the overall development plan and the required information to the secretary of the Planning Commission for study at least thirty (30) days prior to the Planning Commission meeting at which it is to be considered. This plan shall include the entire area to be developed; information required shall include everything required for a subdivision schematic plan review plus the following:
(2) Name and address of the subdivider, designer, engineer and surveyor;
(3) Statement of existing zoning;
(4) Notation on the plan of proposed site uses, including single-family, multiple-family, open space, recreation area, commercial area, parking, etc., with proposed densities;
(5) The plan shall show lot, street, park and open space layouts as required and shall give proposed densities for all areas. General scaled dimensions of lots shall be shown;
(6) Reasons the PUD procedure is more desirable than conventional zoning;
(7) Proposed land uses, building locations and housing unit densities;
(8) Proposed circulation pattern indicating the status of street ownership;
(9) Proposed grading and drainage pattern;
(10) Proposed method of water supply and sewage disposal;
(11) Economic and supporting data to justify any proposed commercial and industrial elements in an area not so zoned;
(12) Relation of the proposed development to the surrounding area and Comprehensive Plan;
(13) Proposed development covenants, codes and restrictions;
(14) Draft environmental impact report if requested by the Planning Commission at the preapplication conference;
(15) Statement as to the impact of the proposed PUD upon the school district system;
(16) Statement of estimated demands for Town services;
(17) Statement of projected Town tax revenue based upon the previous year's Town tax levy, and a schedule of projected receipts of that revenue;
(18) Preliminary site plans, and preliminary architectural plans proposed for the first phase of proposed development; and
(19) Proposed method of fire protection. (Ord. 480 §2, 2000)
Sec. 7-3-11. Planning Commission review of schematic plan.
Prior to discussion of the plan at a Planning Commission meeting, copies shall be submitted by the secretary to those agencies as required by the subdivision regulations, for their study and comment. The Planning Commission shall consider the schematic plan at a meeting at which time the findings of the planning staff and other agencies shall be considered. In reviewing the plan, the Planning Commission shall determine the following, before allowing the applicant to proceed to final development plan application:
(1) There are special physical conditions or objectives of development which the proposal will satisfy to warrant a departure from the standard regulation requirements;
(2) Resulting development will not be inconsistent with the Comprehensive Plan objectives;
(3) The area around the development can be planned to be in substantial harmony with the proposed PUD;
(4) The adjacent and nearby developments will not be detrimentally affected by the proposed PUD;
(5) The PUD can be completed within a reasonable period of time, which shall be determined prior to final approval of the PUD;
(6) Any proposed commercial or industrial development can be justified economically;
(7) The streets are adequate to support the anticipated traffic, and the development will not overload the streets outside the planned area;
(8) Proposed utility and drainage facilities are adequate for population densities and type of development proposed; and
(9) The applicant has complied with the school site dedications or payments in lieu for school purposes as set forth in the intergovernmental agreement between the Weld County Reorganized School District RE-2 and the Town. (Ord. 480 §2, 2000)
Sec. 7-3-12. Planning Commission action on schematic plan.
The Planning Commission shall, within thirty (30) days of the schematic plan review meeting, make at least one (1) of the following recommendations to the Town Board:
(1) Approve the schematic plan as submitted, with certain conditions as stated, if any;
(2) Deny the schematic plan, or certain portions thereof, with the reasons clearly stated; or
(3) The Planning Commission may table the schematic plan for a period not more than ninety-five (95) days for additional study to obtain additional necessary information, to have the applicant make major revisions to the plan or for any of the stated reasons. (Ord. 480 §2, 2000)
Sec. 7-3-13. Town Board action on schematic plan.
The Town Board, within thirty (30) days after receiving the Planning Commission recommendations, shall notify the applicant and the Planning Commission in writing of any of the following actions taken:
(1) Approval of the schematic plan as submitted, with certain conditions as stated, if any;
(2) Denial of the schematic plan as submitted or certain portions thereof, with all reasons clearly stated. Denial means that application for a final development plan shall not be accepted;
(3) Tabling of the schematic plan for a period of not more than thirty (30) days, for additional study, to obtain additional necessary information, to have the applicant make major revisions to the plan or for any of the stated reasons; or
(4) Referral of the schematic plan back to the Planning Commission with specific instructions for additional study and recommendations, for a period not to exceed thirty (30) days. (Ord. 480 §2, 2000)
Sec. 7-3-14. Final development plan.
An applicant shall submit ten (10) copies, or more if required, of the completed application form, the overall final development plan revised to reflect comments resulting from the review by the staff and Planning Commission and the required information to the secretary of the Planning Commission for study at least twenty (20) days prior to the Planning Commission meeting at which it is to be considered. The final development plan shall include, in addition to the requirements of the Town subdivision regulations, the following information:
(1) Rezoning application and fee if applicable;
(2) Designation of major drainageways, high water line and areas subject to flooding;
(3) Statement of availability or lack of irrigation water;
(4) Statement of maintenance proposals for common facilities;
(5) Time schedule for development;
(6) An overall architectural conceptualization of the PUD and a statement of the type of uses anticipated in all parts of the Planned Unit Development;
(7) Any information requested or required by the Town Board upon approving the schematic plan;
(8) A written development agreement which shall include the following:
a. Applicable requirements for park dedication, water right dedication, sewer and water line installation and drainage designs for the PUD;
b. Time, manner in which and the numbers of building permits that will be issued in the PUD;
c. The conditions, time and amount of security (in the form of cash, irrevocable letter of credit or performance bond as may be required by the Town Board) to be required of the developer during the period of construction of proposed site improvements for the PUD;
d. Any other condition or requirements to be imposed by the Town as conditions of development to be required of the developer of the PUD;
e. Agreeable modification or modifications of subdivision regulations required for development of the PUD; and
f. Itemized cost estimate of public improvements.
(9) Notice of the Planning Commissioner's hearing on the final development plan shall be published at least ten (10) days prior to the date of said hearing in a newspaper of general circulation within the County. Such notice shall designate the time and place of the hearing, the location of the proposed PUD and the general use and purposes of the PUD. Furthermore, written notice of the Planning Commissioner's hearing on the final development plan shall be delivered or mailed, first class postage prepaid, at least fifteen (15) days prior to said public hearing to all landowners adjoining the proposed site for the PUD. (Ord. 480 §2, 2000)
Sec. 7-3-15. Planning Commission action on final development plan.
The Planning Commission shall, within thirty-five (35) days after the final development plan and zone change review meeting, make to the Town Board one (1) of the following recommendations:
(1) Approve the final development plan and zone change request as submitted, with certain conditions as stated, if any;
(2) Deny the final development plan and zone change request or certain portions thereof, with all reasons clearly stated; or
(3) The Planning Commission may table the final development plan and zone change request for a period not more than thirty-five (35) days for additional study to obtain additional necessary information, to have the applicant make major revisions to the plan, or for any of the stated reasons. (Ord. 480 §2, 2000)
Sec. 7-3-16. Review of final development plan by Town Board.
Information required for final development plan review shall be as follows:
(1) One (1) subdivision plat of the development drawn according to final plat requirements and showing all information required for a final plat plus land to be retained for common open space and the purpose for which it is to be used;
(2) One (1) Mylar-weight copy of the subdivision plats;
(3) One (1) Mylar improvement plat showing, in addition to what is contained on the subdivision plat, the proposed location and general envelope dimensions of all structures, plus screening and major landscaping plans;
(4) A circulation plan for vehicles and pedestrians (including parking areas);
(5) A written development agreement and other supporting documents as required for a final subdivision plat, together with construction of improvements time schedule; and
(6) Any additional information required as the result of the Planning Commission's review. (Ord. 480 §2, 2000)
Sec. 7-3-17. Town Board review and action on final development plan.
At a public hearing, in accordance with the provisions of this Article, the Town Board shall, within thirty-five (35) days after receiving recommendations from the Planning Commission on the final development plan and zone change request, notify the applicant and the Planning Commission in writing of any of the following actions taken:
(1) Approval of the final development plan and zone change request as submitted, with certain conditions as stated in writing, if any;
(2) Denial of the final development plan and zone change request as submitted, or certain portions thereof, with all reasons clearly stated in writing;
(3) Tabling of the final development plan and zone change request for a period of not more than thirty-five (35) days for additional study to obtain additional information, to have the applicant make major revisions to the plan, or for any of the stated reasons; or
(4) Referral of the final development plan and zone change request back to the Planning Commission, with specific instructions for additional study and recommendations, for a period not to exceed thirty-five (35) days. (Ord. 480 §2, 2000)
Sec. 7-3-18. Additional Town Board action on final development plan.
In addition to other requirements of this Section, the Town Board may attach conditions it finds necessary to carry out the purpose of this Chapter. This may include but is not limited to the following:
(1) A requirement that, prior to any final approval, the applicant furnish the Town Board with cash, irrevocable performance bond or an irrevocable letter of credit of up to the value of the cost of any public or common improvement to be guaranteed by such bond or letter of credit in order to assure that the PUD is completed according to the plans approved by the Town Board; and/or
(2) Approval of limited phases of sections of the PUD. (Ord. 480 §2, 2000)
Sec. 7-3-19. Final development plan; effect of approval.
At the Town Board hearing on the final development plan, the PUD shall receive final approval or disapproval. If approved, the PUD plat shall be signed by the Board and recorded in the office of the County Clerk and Recorder. When the proposed development includes condominiums or other structures, "as-built" plans shall be recorded when construction is complete and accurate surveys made. No occupancy permit shall be issued until the "as-built" plans are completed. "As-built" plans shall conform in every respect with the approved PUD plat. If there is a deviation, the Town Board shall conduct another hearing to determine whether or not the "as-built" plans should be approved. (Ord. 480 §2, 2000)
Sec. 7-3-20. Construction permit terms; plan changes.
Permits for construction on a PUD shall be issued only on the basis of the approved plan. Any changes in the approved plan shall be submitted to the Planning Commission and Town Board for processing as an amendment to this Chapter. (Ord. 480 §2, 2000)
Sec. 7-3-21. Approval; effective term; extensions.
(a) If no building permits have been issued within two (2) years of the date of final approval of the PUD, it shall be terminated and automatically repealed.
(b) Approval may be extended upon written request when reviewed by the Planning Commission and granted by the Town Board after a public hearing.
(c) Identification on map. An approved PUD shall be identified on the official zone district map with the symbol "PUD." (Ord. 480 §2, 2000)
Sec. 7-3-22. Changes in approved plans.
The PUD plan as finally approved by the Town Board shall be binding and shall not be changed during the construction of the PUD, except upon application to the appropriate agencies under the following procedures:
(1) The Planning Commission may authorize minor changes in locations, sightings, bulk of structures and height or character of building if required by circumstances not foreseen at the time the final plan was approved.
(2) All other changes in use, any rearrangements in lots and all changes in the provisions of open space or density may be made only by the Town Board following the procedures of this Article for the PUD schematic plan. Such changes shall require that a new plan be filed with the Town and approved by the Town Board. (Ord. 480 §2, 2000; Ord. 482 §1, 2000)
