Chapter 16.90 PLANNED DEVELOPMENT OVERLAY DISTRICT (PDOD)

The Granby planned development overlay district is authorized by and adopted pursuant to Section 24-67-101, et seq., and Section 31-23-313, et seq., C.R.S. [Ord. 719 § 1, 2008. Code 1999 § 16-4-1].

16.90.020 Purpose.

It is the intent of this chapter to promote the health, safety and general welfare of the inhabitants of the town of Granby, Colorado by providing for planned development overlay districts (hereafter referred to as PDODs) within the town which allow a development technique which is in the best interest of the town and will promote good design, enhancement of environmental amenities and increased efficiency of public and private services. Furthermore, the standards and procedures provided in this chapter for the PDOD district are intended to ensure integrated planning goals and objectives of the master plan, while allowing greater flexibility and innovations in development and site designs than is typically possible under the conventional zone district regulations.

In addition to the detailed standards and conditions for PDODs set forth in this chapter, consideration shall also be given to the following general criteria which are intended to qualify for review of a PDOD proposal such that it:

(a) Constitutes a unique and truly innovative project which is represented by the developer to be constructed within a reasonable period of time in relation to the project’s size and scope and which will be of economic benefit to the town thereby qualifying the project under this and other criteria for review under these PDOD regulations;

(b) Provides for and improves existing commercial, residential, industrial and educational facilities within the community;

(c) Ensures that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density and open space within other zoning districts will not be applied in a manner which would distort the objectives of the Granby zoning code;

(d) Allows innovations in residential, commercial and industrial development and renewal so that the growing demands of the population may be met by greater variety of types, design and layout of structures and the conservation and more efficient use of open space ancillary to said buildings;

(e) Allows an efficient use of land and of public and private services to reflect changes in the technology of land development so that resulting economics may benefit the community as a whole;

(f) Reduces energy consumption and demand;

(g) Lessens the burden of traffic on streets and highways by encouraging land uses which decrease trip length and encourage the use of public transit;

(h) Conserves the value of the land and preserves environmental quality;

(i) Provides a technique of development which can relate the type, design and layout of residential, commercial and industrial development to the particular site, thereby encouraging preservation of the site’s natural characteristics;

(j) Encourages integrated community planning and development in order to achieve the above purposes. [Ord. 719 § 1, 2008. Code 1999 § 16-4-2].

16.90.030 Jurisdiction.

This title shall apply to and govern all PDOD applications submitted after the effective date hereof which relate to and include lands located within the legal boundaries of the town. The provisions of this title may also be applied to PDOD applications for lands which are located outside of the town but which are proposed to be annexed to the town, as permitted by Section 31-12-115, C.R.S. [Ord. 719 § 1, 2008. Code 1999 § 16-4-3].

16.90.040 Coordination with other codes, regulations, plans and general provisions.

(a) Granby Zoning District Regulations. Approval of a PDOD preliminary plan (hereinafter referred to as “preliminary plan”) by the board as per the requirements of this chapter shall constitute a temporary overlay district upon the base zone, the base zone being the zone district designation existing prior to the approval of said preliminary plan. If the time limits as spelled out in the development schedule expire and no time extensions for the final development plan (hereinafter referred to as “FDP”) are approved, then the board, in its sole discretion, may terminate the preliminary plan and may record a resolution with the Grand County clerk and recorder evidencing such termination. Upon such termination, the preliminary plan shall be deemed to have been expired and cease to exist as it relates to all lands within the development for which a final plat and FDP have not been approved (undeveloped lands). Despite such expiration, the zoning of undeveloped lands shall remain the same as it existed under the preliminary plan, except no further permits or approvals, including but not limited to FDP, final plat, or building permit approvals, shall be granted by the town in connection with the undeveloped lands unless and until the town has approved a new or amended development plan for the undeveloped lands or a portion thereof. The preliminary plan shall continue to exist and apply to all parts of the development other than the undeveloped lands.

Where an expired PDOD was an approved annexation, the base zone shall be the open district (O), unless the board expressly agrees otherwise.

(b) Upon approval of the preliminary plan, the PDOD shall be given a number and its geographical area outlined on an overlay sheet constituting part of the official zoning map of the town. This overlay designation and number shall continue until the development schedule in the preliminary plan expires as provided above or is extended or amended or completed. Upon completion of any PDOD project, the designation shall stand unless changed and all documents shall be kept on file for reference.

Land use and development within any PDOD approved pursuant to these regulations shall be controlled by the provisions of the approved PDOD preliminary plan and FDP. Specific maps and documents detailing negotiated items and other matters related to these approved plans shall be recorded with the Grand County clerk and recorder and duplicate files of said plans and documents kept on file for ready reference in the administrative offices of the town clerk.

(c) Subdivision Regulations. The provisions of these regulations concerning PDODs are not intended to eliminate or replace the requirements applicable to the subdivision of land or airspace, as defined in state statutes and the codes and regulations of the town. The uniqueness of each PDOD may require that specifications for the width and surfacing of streets, public ways, public utility rights-of-way, curbs, and other standards may be subject to modifications from the specifications established in the subdivision regulations adopted by the town, if the reasons for such exceptions are well documented. Modifications may be incorporated only with the approval of the commission and the board as a part of its review of the development agreement for a PDOD and shall conform to acceptable engineering, architectural and planning principles and practices. It is the intent of this chapter that any subdivision review under the subdivision regulations be carried out either:

(1) Subsequent to the approval of a preliminary plan; or

(2) Simultaneously with the review of a FDP under this section; or

(3) Within the time frame specified in the development schedule included in the approved preliminary plan and FDP. [Ord. 719 § 1, 2008. Code 1999 § 16-4-4].

16.90.050 Conformity with master plan.

No PDOD shall be approved by the commission or the board unless the PDOD is found to be in substantial conformance with the master plan. [Ord. 719 § 1, 2008. Code 1999 § 16-4-5].

16.90.060 Reviewing authority.

The staff of the town, the planning commission and the board are hereby designated as the official entities authorized to review sketch, preliminary plan and FDP applications pursuant to this chapter. Final approval of the preliminary plan and FDP is the responsibility of the board as required by their invested legislative authority. On a case-by-case basis, the board may approve plans that provide for greater flexibility than might otherwise be allowed by this chapter or that include numerical limitations in excess of those contained in this chapter, including but not limited to those set forth in GMC 16.90.120, 16.90.130, 16.90.170 and 16.90.200, in proposed preliminary plans and FDPs, provided (a) the board expressly finds that the increased flexibility or numerical limits are consistent with the purposes of PDODs as set forth in GMC 16.90.020 and are appropriate in order to provide flexibility to the proposed development, and (b) the specific numerical limits or other provisions providing for such flexibility are set forth in an approved preliminary plan or FDP and/or in a written development agreement approved by the board and signed by the developer. [Ord. 890 § 1, 2018; Ord. 719 § 1, 2008. Code 1999 § 16-4-6].

16.90.070 Consent of landowner and lienholders.

No PDOD applications shall be approved without the written consent of each landowner whose properties are included within the PDOD. The PDOD application shall be made by a person or entity having an interest in the property to be included in the PDOD and shall include the consent of all owners of interest in such property. Lienholder consent will consist of a written acknowledgment that the mortgaged title holders agree to the application for a PDOD in the town. [Ord. 719 § 1, 2008. Code 1999 § 16-4-7].

16.90.080 Permitted uses.

Permitted uses are as follows:

(a) Property involving previously zoned land in the town. Any use permitted by the base zone district may be specified in the PDOD sketch, preliminary plan and FDP documents.

(b) Property being annexed into the town desiring PDOD district designation. During annexation and the PDOD approval process, uses and their locations are to be itemized and generally located on the site plan. All industrial uses must be buffered by suitable open space from commercial, office and residential uses.

(c) Additional uses beyond those allowed by the base zone district may be permitted subject to site plan review by the planning commission and board; provided the commission and board find such uses are designed and/or intended for the use of residents and/or property owners, and/or the general public, of the subject PDOD and such uses are compatible with the master plan and uses on surrounding properties. No uses shall be permitted, except in conformance with a specific and precise FDP pursuant to the procedural and regulatory provisions herein. [Ord. 719 § 1, 2008. Code 1999 § 16‑4‑8].

16.90.090 Processing fees.

Processing fees will be established and subject to change from time to time upon approval of the board. The current fee schedule may be obtained from the town clerk. [Ord. 719 § 1, 2008. Code 1999 § 16-4-9].

Article II. Development Plan Review Procedures

16.90.100 Review process.

The application for a PDOD in the town of Granby shall be subject to a three-faceted review process composed of the following:

(a) A general preapplication conference (sketch plan);

(b) A preliminary development plan (PDP); and

(c) A final development plan (FDP). If the applicant seeks to develop the project in phases, the commission and board may, in their discretion, postpone to a time deemed appropriate by the board the obligation of the applicant to fulfill any of the submission requirements set forth in this article as they relate to any delayed phase of the project. These regulations are intended to be applicable to large as well as small project sites. Applicants are encouraged to combine subdivision with the PDOD process where appropriate and after conferring with town staff and/or the planning commission. [Ord. 719 § 1, 2008. Code 1999 § 16-4-10].

16.90.110 General preapplication conference (“sketch plan”).

Prior to actual submission of the preliminary plan application or development of any site improvements and in order to obtain and exchange information, each applicant shall confer, at the town’s direction, with either the staff of the town and/or the commission and other appropriate town departments and agencies in connection with the preparation of said application. Other appropriate governmental representatives may be notified and requested to attend the preapplication conference at the discretion of either the town staff or the planning commission. The general outlines of the proposal evidenced schematically by sketch plans are to be considered at this conference. Thereafter, either staff or the commission may furnish the applicant with written comments regarding said conference, to inform and assist the applicant prior to the preparation of the preliminary plan application.

Any materials prepared by the applicant to be used in discussions with the commission are to be submitted to the town clerk 15 days in advance of the meeting date where the discussion is to take place. The town clerk will determine the number of copies required for each required item and provide the applicant with the fee schedule. For large projects, the preapplication discussions may occur for as long as necessary to establish and understand intent and direction of the project. The board may be requested to participate at some point in these discussions of the commission or the applicant. Formal approvals or denials are not necessary at this stage. [Ord. 719 § 1, 2008. Code 1999 § 16‑4‑10(1)].

16.90.120 Planned development overlay district preliminary plan (“preliminary plan”).

The preliminary plan application is intended to generate enough site plan information in the form of written statements, standards and schematic plans in order to provide adequate information for review by decision-making bodies and the general public in regard to the proposed PDOD plan. The completed application shall be known as the PDOD preliminary plan.

(a) Submission Requirements. The preliminary plan shall embrace all properties which are to be included in the proposed development and shall be sufficiently detailed to allow for an effective review.

(b) Written Documents. The applicant shall submit a written statement which shall include, at a minimum, the following information:

(1) A legal description of the total site including any recorded easements proposed for development, including a statement of present and proposed ownership. This statement shall include the address of the applicant, all the property owners, developers, parties of interest and any lien holders.

(2) Evidence of the present ownership or agents thereof of all lands included within the PDOD in the form of a current commitment for title insurance or title insurance policy.

(3) Names and addresses of adjoining property owners within 300 feet of the property perimeter.

(4) A description of the character of the proposed development, the goals and objectives of the project, an explanation of the rationale behind the assumptions and choices made by the applicant, and an explanation of the manner in which it has been planned to conform to or deviate from the master plan.

(5) Statements clearly outlining the proposed maximum (up to and including) limits or amounts of all design standards (Article III of this chapter) to be negotiated if not covered in this article or Article III of this chapter.

(6) A general description of the proposed open space for the development and an explanation of how said open space shall be integrated with surrounding developments, both existing and proposed, in the PDOD.

(7) A statement of the applicant’s preliminary development schedule and intentions with respect to the nature of future sales and/or leases and subdivision of all portions of the PDOD.

(8) Quantitative data for the following:

(i) Total number and type of dwelling units;

(ii) Approximate parcel size;

(iii) Proposed lot coverage ratios of buildings and structures;

(iv) Proposed gross and net residential, commercial and industrial densities;

(v) Anticipated amount of open space (parks, wetlands, trails, recreation sites, etc.);

(vi) Total amount of nonresidential construction (including a separate figure for commercial, institutional, or industrial facilities and the amount of private open space associated with these developments); and

(vii) Water and sewer demand for projected uses.

(9) Any general physiographic and environmental studies of the proposed site.

(10) The proposed maximum height(s) of buildings, setbacks and related dimensional standards within the PDOD.

(11) A generalized trip generation study for the entire development and its subparts, as well as a statement of the general intent of the applicant as regards the use of public versus private roads.

(12) A statement of the proposed method for controlling architectural design throughout the development.

(13) A letter from the appropriate utility districts and boards stating their ability to serve the development with water, sewer, electricity, natural gas, telephone and fire protection service.

(14) A letter from the school district stating their ability to accommodate the projected number of students generated by the development.

(c) Graphic Documents. A site plan(s) and supporting maps and drawings shall be at an appropriate scale so that town staff and officials may understand the basic concepts proposed by the applicant. The plan(s) shall include, at a minimum, the following information:

(1) The location and name of the proposed development shown on a vicinity locator map at a legible scale.

(2) The existing site conditions including topographic contours and watercourses, floodplains (i.e., 100-year), wetlands, unique natural features, and vegetation cover.

(3) Proposed subdivision boundary lines and site designs in specific or prototypical form.

(4) The general location of all existing and proposed buildings, structures, and other improvements. For larger scale projects, this information may be shown in prototype form.

(5) The general location and size in acres or square feet of areas to be conveyed, dedicated or reserved as common and private open spaces, public open spaces or parks, recreational areas, school sites and similar public and quasi-public uses.

(6) The existing and proposed circulation system of arterial and collector-type roads and major points of access to public rights-of-way (including major points of ingress and egress to the development). Notations of proposed ownership, public or private, should be included where appropriate. The locations of local roads may also be required at the discretion of the commission and a generalized grading plan for roads requiring substantial cuts and fills.

(7) Information on land areas adjacent to the proposed PDOD to indicate known or proposed development including land uses, zoning classifications, road networks, public facilities, and open space.

(8) The existing and proposed generalized pedestrian and bicycle circulation system for the entire development.

(9) The proposed concept and general off-site connection methods for utility service including sanitary sewers, storm sewers, water, electric, gas and telephone lines.

(10) Preliminary architectural standards that are to be used as covenants for the project.

(11) A generalized drainage plan for the entire project indicating proposed on-site facilities and treatment and abatement of drainage to adjoining properties.

(12) A general lighting plan for the entire project indicating proposed on-site street light location, height and fixture type.

(13) A plan which estimates the number of employees needed to serve all or portions of the development and how they will be provided housing.

(d) Additional Information. The commission may require additional information from the applicant to evaluate the character and impact of the proposed PDOD on the town. In particular, and regarding large developments, the commission may need to assess the fiscal impact of the proposed development on the town over the period of the generalized development schedule. Evaluations of this nature may require submittal of additional information such as market feasibility studies by the applicant.

(e) Approval Procedure.

(1) The applicant shall file the preliminary plan documents with the town clerk of Granby and pay the required fees. The town clerk will determine the number of copies required for each required item.

(2) Filing of documents is to be made 30 days in advance of the regular meeting date of the commission at which the preliminary plan will be discussed. Responsible staff of the town shall make written comments to the commission. Upon receipt of the completed application and fees for commission approval, the town clerk shall schedule the proposed PDOD preliminary plan at the next commission meeting but no sooner than 30 days. Public notice of such meeting shall be duly given by the town clerk at least seven days prior to the date in the local newspaper designated as the official publishing vehicle for the town. Said legal notice shall be by general description. This meeting is a published public meeting and may be a public hearing if so desired.

(3) The commission shall consider the application at the public meeting and after weighing all evidence presented to it shall either approve said application as presented, approve it subject to clearly specified conditions, such as maximum design standard limits, or disapprove it. The commission may continue the review for another 30 days if necessary but not beyond 30 days without the consent of the applicant(s). Lack of consent to continue or failure to reach agreement on negotiated items shall be deemed a denial.

(4) If the application is recommended either to be approved as presented or approved subject to conditions or denied by the commission, said application, with recommendations, shall be forwarded to the board for review at a public hearing. Upon forwarding the PDOD preliminary plan application to the board, the town clerk shall schedule a public hearing before the board and require that the property be posted in the same manner as provided in Chapter 16.25 GMC regarding amendments to the official zoning map.

(5) If the application is approved as presented, preconditioned, or denied, the board shall, by ordinance, either grant the necessary PDOD designation upon the base zone district, or disapprove said application. When the application is approved, the board shall cause the overlay portion of the official zoning map of the town to be amended. The board shall direct the town clerk to record the pertinent site plan drawings for the PDOD with the Grand County clerk and recorder. All recording costs are to be paid by the applicant. Copies of all records shall also be kept in the Town Hall. Upon filing and recording of the PDOD plan(s), the terms and provisions of the approved plan incorporated therein shall govern and control the use and development of the property. No building permits shall be issued on land within the PDOD until the FDPs for all or a portion of the project area have been approved by the commission and board.

(6) Within a maximum of six months following the approval of the preliminary plan, the applicant shall file with the town clerk and the commission a FDP. At its discretion, and for good cause, the commission may extend for up to two years the period for filing the FDP. Where large developments are concerned, it is recognized that such developments may require multi-year construction phasing. Therefore, work on any portion of the FDP and the expiration periods set forth above shall apply accordingly for any subsequent phases of the development. These time periods may be negotiated and an approved development schedule which incorporates time periods for submitting FDPs may be substituted in its place. This approved schedule will be binding in this case.

(7) If the applicant fails to apply for a FDP or the extensions described above for all or a portion of the PDOD through the FDP review process, then the board in its sole discretion may terminate the PDOD for the FDP designation and the undeveloped land shall revert back to the preliminary plan. Subsequent action by the developer or their assignees to revive the PDOD after it has been allowed to expire will require the preparation of a reapplication submittal package and a subsequent review and public hearing according to the process for review and public hearing submittal requirements outlined above.

(f) Amendment to the Preliminary Planned Development Plan. Minor changes in the approved preliminary plan and its conditions of approval shall be subject to review and consideration by the commission. Upon consideration of said changes, the commission shall take formal action in writing, either approving or disapproving the changes. This section shall serve as the mechanism for reviewing and approving changes and a substitute for the variance procedures provided elsewhere in these zoning regulations.

When substantial changes in the PDOD involve a reduction of or an addition to the agreed upon amounts of land area or increases in the original negotiated design standards amounting to greater than 10 percent, as calculated by the town staff, then said PDOD must be formally amended and an amendments application shall be submitted for consideration and review according to the process outlined above. [Amended during 2011 recodification; Ord. 719 § 1, 2008. Code 1999 § 16‑4‑10(2)].

16.90.130 Final development plan (“FDP”).

The FDP application is intended to specify design components of the PDOD or portions thereof and provide for the review of additional items not required by the preliminary plan. A FDP application may be made for all or a portion of the entire overlay district as previously approved at the preliminary plan stage. All FDPs must have accompanying them appropriate subdivision plats which have either been approved or are undergoing the approval process, if they are integral to the proposed development. FDPs must include structure locations and footprint dimensions as part of the required design standards for FDP submittals. In any PDOD, an approved FDP for all or portions of the overlay district must be in effect before any building permits may be issued for the construction of structures in the approved portions of the overlay district. The completed application shall be known as the FDP.

(a) Submission Requirements. The FDP shall include all of the information required in the preliminary plan in its finalized, detailed form plus any additional items included below. Omissions are cause to continue or deny the application.

(b) Written Documents. The applicant shall submit a written statement which shall include the following additional information:

(1) A final development schedule indicating the approximate date(s) when construction of the PDOD or phases of said development can be expected to begin and to be completed.

(2) A description of the proposed open space to be provided at each stage of development; an explanation of how said open space shall be coordinated with surrounding developments; total amount of open space (including a separate figure for usable amount of open space); a statement explaining anticipated legal treatment of ownership and maintenance of common open space areas and the amounts and location of dedicated public open space.

(3) Copies of proposed final covenants, declarations, architectural design standards, grants of easements or other restrictions to be imposed upon the use of the land, including common open spaces, buildings and other structures within the development.

(4) Physiographic and environmental studies of the proposed site(s) prepared and attested to by qualified professional authorities in the following fields: soil quality, slope and topography, geology, water rights and availability, ground water conditions, and impact on wildlife.

(5) Any required dedication, documentation and/or improvement agreements and bonds plus an updated title insurance commitment.

(6) Any new items not submitted with the preliminary planned development plan.

(7) Applicant shall submit required fees.

(8) Quantitative data for the following: final number of dwelling units, number of bedrooms in each unit, final figures for previously agreed upon design standard, negotiable items and footprint sizes of all proposed buildings.

(9) A statement that integrates pertinent elements of any preannexation and development agreements and contracts previously negotiated with the town.

(10) A detailed study of the traffic impact of the PDOD on the town and regional street system.

(11) Any written documents associated with providing utility service and the number of sewer and water equivalent units required.

(c) Graphic Documents. The applicant shall submit finalized site plan graphics which shall include the following information:

(1) Any plan maps that have been revised since the preliminary plan approval.

(2) A landscape plan indicating the treatment and materials used for public and common open spaces, and a revegetation plan showing treatment of disturbed areas.

(3) Information on land areas adjacent to the proposed PDOD to indicate integration of circulation systems, public facilities and utility systems and open space.

(4) The planned pedestrian, bicycle and vehicular circulation system including their interrelationships with the vehicular parking and unloading system, indicating proposed detailed treatments of points of conflict.

(5) A soil erosion and prevention plan.

(6) A snow removal and/or storage plan.

(7) The proposed treatment of the perimeter of the PDOD including materials and techniques used such as screens, fences, walls and landscape plan.

(8) A detailed and engineered drainage plan indicating general on-site and required off-site facilities and proposed treatment and abatement of runoff drainage to adjoining properties and the Colorado and Fraser Rivers and their tributaries.

(9) A plan showing how the development’s residents will be afforded access to public transit and how the transit system will be integrated into the development.

(10) Any preliminary or final subdivision plats required and prepared as per the requirements of the Granby subdivision regulations.

(11) Final engineering plans for public roads within the development, points of access and designs for intersections with and modifications of existing public rights-of-way and designs for any off-site road improvements to connect the PDOD to the existing street system. Final development plans for private roads are to be included for any portions of the site undergoing final review.

(12) A site map(s) that depicts the development phases thereof, sites and building footprint sizes and locations outlined in the development schedule.

(13) Engineering schematic plans that depict general line sizes and proposed points of connection to existing utility systems, both on and off site; final engineered plans and specifications will be required by the respective utility districts at their discretion.

(14) A detailed lighting plan depicting on-site street light location, height and fixture type, with supplemental specifications.

(15) Such additional information as may be required by the commission or board necessary to evaluate the character and impact of the proposed PDOD.

(d) Graphic Plan Format. Various maps will need to be recorded with the Grand County clerk and recorder as part of the approval of the FDP. These maps shall be drawn up using the following format unless determined otherwise by the town staff or commission in coordination with the developer:

(1) Said maps shall be in the form of a black-line or India-inked mylar that is capable of reproducing clear and sharp reproductions of all details, signatures and seals.

(2) No plans using sepia ink or pencil or containing stick-ons will be accepted.

(3) All signatures on the plan are to be in black permanent ink.

(4) The plan sheet shall have outer dimensions of 24 inches by 36 inches unless another size is approved by the commission or town staff. The plan drawing will be contained within a space defined by a one and one-half-inch margin from the left sheet edge and a one-half-inch margin from the other three sheet edges.

(5) Applicants are encouraged to use more than one sheet in order to avoid crowding of information on the sheet. Sheets are to be designated as “sheet x of y sheets.”

(6) The scale of the plan drawing shall be, at a minimum, 50 feet equal to one inch. Other scales may be used with the permission of the commission or town staff.

(7) A two and one-half by three-inch vertical box in the lower right-hand corner shall be provided for the use of the Grand County clerk and recorder.

(8) Format for plan drafter’s, owner’s, lien holder’s, commission chairperson’s and mayor’s signature blocks, and dedication blocks can be obtained from the town staff and a release of liens on open space areas may be required.

(e) Review Procedure.

(1) The applicant shall file the FDP documents with the town clerk and pay the required fees. The town clerk will determine the number of copies required for each required item.

(2) Filing of documents is to be made 30 days in advance of the meeting date of the Granby commission at which the FDP will be discussed. Responsible staff of the town shall make any written comments in advance of this meeting. Upon receipt of the documents for commission approval, the town clerk shall schedule the project on the next commission agenda, but no sooner than 30 days, as a public meeting and give due notice of general description to the public of said meeting in a newspaper of local circulation.

(3) The FDP must be in conformance with the preliminary plan as approved or amended. Should any unapproved modifications to the preliminary plan be presented for review at this FDP stage, then these changes must be approved before the FDP can be approved as a whole. Should this be the case, these modifications may not involve one or more of the following unless formal public hearings are conducted on each change:

(i) Violation of any provision of this title;

(ii) Varying the original lot area requirement by more than 10 percent;

(iii) A reduction of the original areas reserved for the open space;

(iv) Increasing the original floor areas proposed for nonresidential use by more than 10 percent;

(v) Increasing the original total ground area covered by buildings;

(vi) Increasing the original density;

(vii) Any other items where changes amount to greater than 10 percent of originally negotiated amounts.

(f) Approval Procedure. The commission shall determine said application’s compliance with the provisions of this title and the preliminary plan. After consideration of the application, the commission shall, by resolution, either approve said application as presented, approve said application subject to specified conditions, or disapprove it.

(1) The commission shall forward said resolution, together with the reasons for the recommendation, to the board. The application and accompanying resolution shall be submitted for review at the next regularly scheduled board of trustees meeting no sooner than 20 days after the commission’s decision.

(2) Upon receipt of the FDP, the board may approve or deny it. The board shall not approve any new major change or addition in the FDP recommended by the applicant until the proposed major change or addition has been referred to the commission for recommendations and a copy of said recommendations has been filed with the board.

(3) Failure of the commission to file said recommendations with the board of trustees within 45 days after reference shall be deemed to be approval of the proposed changes or additions. It shall be necessary for the commission to hold a public hearing on any major change or addition.

(4) If the FDP is approved subject to conditions, the formal acceptance and recording of such approval shall not be made until the applicant has obtained the signature of the mayor of the town on the plan face. All conditions must be satisfied before any official town signature(s) are affixed thereto.

(5) The board shall direct the town clerk to record the pertinent written and graphic documents of the FDP with the Grand County clerk and recorder. All recording and duplicating costs are to be paid in advance by the applicant. Copies of all records are to be kept in the Town Hall.

(g) Amendments to the Final Development Plan. This section shall serve as the mechanism for reviewing and approving changes to the FDP. Minor changes in the location, siting, and height of buildings and structures may be authorized by the commission without additional public hearings if required by engineering or other circumstances not foreseen at the time the FDP was approved. No change authorized by this subsection may cause any of the following:

(1) A change in the use or character of the development;

(2) An increase in the overall land coverage of structures;

(3) An increase in the intensity and density of use;

(4) A reduction in approved open space;

(5) A reduction of off-street parking and loading space;

(6) A reduction in required pavement widths;

(7) An increase in height that is not minor.

All other changes in use, or rearrangement of lots, blocks, and building tracts, or any changes in the provision of common open spaces may be made by the board after a report is prepared by the responsible administrative staff and upon recommendation by the commission. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the FDP was approved or by changes in the master plan.

Any changes which are approved for the FDP must be recorded as amendments in accordance with the procedure established for the recording of the initial FDP documents with the exception that prior to making its recommendation to the board of trustees, the commission shall hold at least one public hearing with the town clerk publishing notice of general description of said hearing in the official publication of the town at least 15 days in advance of the hearing. [Amended during 2011 recodification; Ord. 719 § 1, 2008. Code 1999 § 16‑4‑10(3)].

16.90.140 Failure to begin development or to show substantial progress.

(a) Final Development Plan Special Review. Each approved FDP must contain a detailed development schedule of public and private improvements. The town staff shall monitor this schedule, and failure of the developer to substantially adhere to it shall be cause for a FDP special review by the commission. The commission special review shall commence if one or more of the following situations arises:

(1) Failure to begin subdivision platting and/or draw building permits for construction as detailed in the approved development schedule within 18 months of the scheduled starting date or extensions thereto;

(2) Inactivity or documented lack of progress as determined by either the staff or planning commission on any stage of the project for more than two years from the last completed benchmark in the approved development schedule;

(3) Request for extensions to the starting dates by the developer. The commission may extend, for not more than two periods of 12 months each, the time for beginning the project;

(4) Failure to complete improvements in a timely manner.

(b) PDOD Special Review. The PDOD special review will be undertaken by the planning commission to determine if the developer can verify that the original assumptions and plans of the PDOD are still appropriate. At this review, the development schedule shall be recommended to be formally amended or the FDP is declared null and void, in whole or in part. Proceedings of this review shall be forwarded to the board for its review and approval of the amended development schedule or voiding of all or part of the plan. Voiding of the PDOD must be done in a public hearing conducted by the board. No development may proceed until these formal amendments and approvals are made. Should the plan be declared null and void, the PDOD is stricken from the official map and the zoning of such areas shall revert to their base zone district. If there is no base zone district for such stricken areas, then such areas shall be zoned open.

(c) Review Fees. In order to cover town expenses for conducting the FDP special review, the developer shall pay, on demand, a fee equivalent to 50 percent of the original FDP review fee. In addition to direct collection, failure to pay fees will trigger other methods of securing payment. A request by the developer for an extension does not require the payment of fees. [Ord. 719 § 1, 2008. Code 1999 § 16‑4‑10(4)].

16.90.150 Periodic reviews of all planned development overlay districts.

The commission will conduct, at least every two years, a review of each project on or about the anniversary date of the FDP approval. No fees will be charged to the developer for these reviews. Developers of PDOD projects may be asked by the commission or staff to appear at this review and make a progress report. The commission will make a determination and so note in the minutes as to whether adequate or no progress has been made by the developer. [Ord. 719 § 1, 2008. Code 1999 § 16‑4‑10(5)].

16.90.160 Improvement agreements.

The commission and board will require improvement agreements for both on- and off-site public improvements. Such agreements are to be secured by an acceptable financial guarantee(s) as a supplement to any FDP if these agreements have not already been developed through the subdivision process. Liabilities and responsibilities between multiple owners must be clearly represented in such agreements. Once these agreements are consummated, default by any party may trigger the use of the financial guarantees assigned to the town in order to complete the improvements in default as provided for in the agreement.

Furthermore, mistakes in plan, plat or survey drawings by the developer which, when discovered, reveal that additional land needs to be acquired or additional costs incurred by the town in order to construct the public improvements of the development as planned, and which were not covered by an improvement agreement, will become the financial responsibility of the planned development developer or owner. Depending upon the severity of the mistake, building permits or certificates of occupancy may be withheld for buildings either being contemplated or in progress at the time of discovery of the mistake until the problems are resolved to the satisfaction of the board.

No building permits will be issued on a total PDOD site or portions thereof unless a FDP has been approved and any associated improvement agreement has been negotiated and signed. On large PDODs, phasing of FDP approvals and construction of improvements may be coordinated in order to reduce the amounts of required performance guarantees which will be in effect at one time. [Ord. 719 § 1, 2008. Code 1999 § 16-4-10(6)].

Article III. Design Standards

16.90.170 Design standards generally.

Basic design standards which are largely quantitative in nature are outlined in this article and either apply generally or are specified according to the base zone associated with the PDOD. Except where otherwise noted, these standards are to be defined by the preliminary plan review stage. [Ord. 719 § 1, 2008. Code 1999 § 16-4-11].

16.90.180 Density.

Density is a negotiable item and is to be expressed in terms of residential or commercial residential units per acre (gross) on an entire site and/or on individual development parcels or as floor-to-area ratios for commercial, office and industrial uses.

Gross densities shall be calculated for land areas comprising the property boundaries for entire sites and/or to the midpoint of adjacent streets for development parcels making up an entire site. Each site or parcel shall have the negotiated density numbers with the words “up to and including” on the plan to be recorded. All density figures represent maximum numbers only; they are not guarantees of actual densities, which can only be determined after detailed planning and site analysis and review at the FDP stage.

Density negotiations are to be carried out in relation to the following criteria:

(a) Reasonable compatibility with the densities of the surrounding development.

(b) Concern for the general criteria that the densities negotiated will allow the development to work from the following standpoints:

(1) Marketability – present and future;

(2) Preservation of a quality of life that reflects successful communities; and

(3) Site carrying capacity in relation to topography, vegetation, view maintenance and other natural physical attributes or constraints.

(c) Concern for the interrelationship between density, height, open space and vehicle accommodation which promotes quality development for the benefit of residents and visitors alike.

(d) The relationship of density to the general theme of the proposed development. [Ord. 719 § 1, 2008. Code 1999 § 16-4-11(1)].

16.90.190 Planned development district size.

A PDOD shall consist of a minimum of one acre. [Ord. 719 § 1, 2008. Code 1999 § 16-4-11(2)].

16.90.200 Open space.

(a) General. The amount of open space in a PDOD is a negotiable item and is to be expressed in terms of acres and percentages on the entire PDOD site and any of its subparts or development parcels. Open space shall be land areas not occupied by buildings or structures and attachments thereto, parking areas, driveways, streets or alleys. Said open space shall be devoted to landscaping, planting, patios, walkways, recreational areas and facilities, and preservation of natural features.

Open space negotiations are to be carried out in relation to the following criteria:

(1) Avoidance of concentrating open space into large areas with the subsequent “packing” of remaining development areas.

(2) Open space and/or landscaping must accompany all types of development.

(3) Larger open space areas are logically connected to each other and to external open spaces via linear path systems.

(4) Enhancement of the natural features of a development site.

(5) Degree of maintenance and/or development of waterways and bodies in the development as a recreational amenity.

(6) Degree of public access to open spaces and recreational amenities.

(7) Maintenance of a balance between planned open spaces and fees-in-lieu buyouts for public parks as outlined in the subdivision regulations.

(8) The inability to further subdivide dedicated open space.

(9) Open space shall comply with requirements of the preliminary plan and annexation agreement.

(b) Landscape Plan. All industrial, commercial, commercial residential, or mixed use PDODs or portions of PDODs that are commercial or industrial in nature shall submit a landscape plan for these areas at the FDP review stage.

(c) Recreation Improvements. Recreation facilities or structures and their accessory uses located in common recreation areas shall be considered open space so long as total impervious surfaces, including courts and roofs, constitute no more than 10 percent of the total open space negotiated for the development.

(d) Natural Physical Characteristics.

(1) Streams, lakes, other bodies of water, slopes in excess of 20 percent, and floodplains may be included as open space. Land areas containing identified geologic hazards may not be included in the negotiated open space amounts.

(2) Where natural streams or creeks traverse the PDOD, the maintenance of a nondisturbance zone of a minimum of 30 feet measured landward from the mean identifiable high water mark on the lake or stream banks shall be dedicated as open space. The commission may require an increase in this setback distance based on the following criteria:

(i) Degree of slope adjacent to the stream equals or exceeds 30 percent;

(ii) Highly erodible soils are present;

(iii) Wetlands are present; and/or

(iv) The proposed use of the property presents a special hazard to water quality (e.g., the storage or handling of hazardous or toxic materials).

(3) Any amount of common or public open space may be left in its natural state, except where landscaping plans are required as long as the recreational needs of the residents of the PDOD and the general public are being met in the opinion of the commission.

(e) Administration and Maintenance. The following provisions shall govern the administration of the common improvements and open space in all PDODs approved pursuant to these regulations:

(1) The FDP shall be approved subject to the submission of legal instruments setting forth a plan or manner of permanent care and maintenance of all common improvements, open space, and other facilities provided by the FDP. No such instrument shall be accepted until approved by the town attorney as to legal form and effect, and by the commission as to suitability for the proposed use of the common facilities, open space and subject recreation facilities. Such documentation shall conform to Section 24-67-105(6), C.R.S.

(2) The common open space and other facilities provided may be conveyed to a public agency or private association. If the common improvements, open space or recreational facilities are conveyed to a private association, the developer shall file, as a part of the aforementioned instruments, a declaration of covenants and restrictions, bylaws, and articles of incorporation that will govern the association. [Ord. 719 § 1, 2008. Code 1999 § 16‑4-11(3)].

16.90.210 Circulation.

(a) Streets and Ways.

(1) Development of streets and ways in a planned development shall be designed according to the requirements of the subdivision regulations and street design and development standards of the town and shall reflect the nature and function of streets. No two-way street driving surface shall be less than 24 feet wide. No cul-de-sacs shall be longer than 500 feet. A general street plan showing, at a minimum, the public arterial and collector roads will be required at the preliminary planned development plan review stage. A detailed and engineered public and private street plan is required for any FDP approval.

(2) There shall be a minimum of two accesses to any PDOD over two acres in size from the rest of the town. These access points shall be designed to provide smooth traffic flow with controlled turning movements and minimum hazards to vehicular, pedestrian and bicycle traffic; all access drives are not to exceed a five percent grade within 50 feet of their entrance onto a public or private right-of-way.

(3) Where appropriate, the internal circulation system shall provide pedestrian and bicycle paths that are physically separated from vehicular traffic to serve residential, nonresidential and recreational facilities provided in or adjacent to the PDOD. Where designated bicycle paths or trails exist adjacent to the PDOD, safe convenient access shall be provided. The commission may require, when necessary, pedestrian and/or bicycle overpasses, underpasses or traffic signalization in the vicinity of parks, shopping areas, or other uses that may generate considerable pedestrian and/or bicycle traffic and vehicular traffic conflicts.

(4) All public and private streets are to be paved. Private streets shall be dedicated to the town and other utility providers as utility easements where said easements are necessary or desired. All streets are to be completed and paved before a certificate of occupancy (CO) is issued on a structure(s). The paving requirements may be waived should weather conditions necessitate it or where a separate paving schedule has been agreed to as part of the FDP. All improvement bonds, escrow funds, etc., are to be held by the town until paving is complete. A fugitive dust control plan is to be included in the FDP documents and implemented during construction. All dedicated public streets need to be officially accepted by the town after paving is completed.

(5) All private streets shall be conveyed to a private home or property owners’ association. If the private association or person(s) owning the private streets in the PDOD should in the future request that any private streets be changed to public streets, the private association or owner(s) will bear the full costs of reconstruction or any other action necessary to make the streets conform to the town’s standards for public streets. The private association or owner(s) shall also agree that these streets shall be made to conform and be dedicated to public use without any form of public compensation to the private association or owner(s). Under no circumstances shall the town be obligated to accept ownership or repair or maintenance responsibility for such streets.

(b) Public Transit. All FDP site designs are to include, where appropriate, an emphasis on public transit access by providing convenient and covered loading and unloading points.

(c) Parking and Loading. Parking shall be provided as per the off-street parking requirements found elsewhere in these zoning regulations. A detailed parking plan is to accompany all FDP applications.

(d) Bridges. If any bridges are to be constructed within the PDOD on public or private ways (roads, streets, paths, etc.), these are to be built at the developer’s expense to town standards and in full compliance with the dredge and fill laws of local, state and federal jurisdictions.

(e) Public Safety Access. All PDOD proposals will be submitted to the Grand Fire Protection District No. 1 for review and comment. [Ord. 719 § 1, 2008. Code 1999 § 16-4-11(4)].

16.90.220 Buildings.

(a) Height. Height limits are defined by the base zone under the overlay PDOD area, or may be defined within the PDOD standards. The method of measuring height is outlined in Chapter 16.10 GMC.

(b) Spacing/Setbacks.

(1) Each PDOD shall provide reasonable visual and acoustical privacy for buildings. Fences, insulation, walks, barriers, landscaping and sound-reducing construction techniques shall be used as appropriate for the aesthetic enhancement of property and the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise.

(2) No specific yard, building setback or lot size requirements shall be imposed, other than those provided herein, in the PDOD; provided, that the spirit and intent of this article are complied with in the FDP. The commission may determine that certain setbacks and spacing be required within all or a portion of a PDOD for safety and aesthetic reasons. [Ord. 719 § 1, 2008. Code 1999 § 16-4-11(5)].

16.90.230 Signs.

All signs are to conform to the town of Granby sign code, GMC Title 14. [Ord. 719 § 1, 2008. Code 1999 § 16‑4‑11(6)].

16.90.240 Planned development overlay district (“PDOD”) perimeters and major rights-of-way.

(a) Definition of the perimeters of a PDOD utilizing opaque barriers or fences are a negotiable item should they be desired by the applicant. Negotiations are to be carried out in relation to the following general criteria:

(1) Promotion of community cohesiveness;

(2) Reduction of noise or adverse visual impacts of adjacent properties;

(3) The interest of public safety;

(4) Visual impact of the barrier itself in relation to the surrounding developments and environment;

(5) Relationship of barrier height to the surrounding development;

(6) The use of landscaping to offset the visual impact of opaque barriers;

(7) The appropriateness of the degree of privacy desired by the applicant in relation to the community as a whole.

(b) Where a PDOD is adjacent to a railroad, state or federal highway right-of-way, a permanent open space at least 30 feet in width shall be required as a setback from such right(s)-of-way. The exception to this rule is the central business (CB) district. This area shall be kept free of buildings, structures and parking and contain permanently maintained landscaping, unless screened or protected by natural features or fences or other types of barriers. Fences or barriers on the highway rights-of-way shall be negotiated using the criteria above. [Ord. 719 § 1, 2008. Code 1999 § 16‑4‑11(7)].

16.90.250 Drainage and utilities.

(a) General drainage and utility off-site connections are to be discussed at the preliminary plan stage.

(b) The FDP is to include a drainage plan with contours drawn at a minimum of two-foot intervals.

(c) The drainage plan is to avoid point source drains from the development without design of catchment basins or other suitable means to reduce pollution and sedimentation of the Colorado and Fraser Rivers and their tributaries.

(d) The drainage system shall be designed for the PDOD by a registered professional engineer and shall be constructed in accordance with such design. Both on- and off-site improvements are to be constructed by the planned development developer.

(e) The drainage plan shall include techniques and measures to prevent erosion on the site as well as into the Fraser or Colorado River or any of their tributaries during and after construction.

(f) The storm drainage and runoff system is to be directed towards the nearest natural drainage way and designed for sufficient capacity to accommodate historical flows from a 100-year design storm onto and from the PDOD plus the increased runoff from all areas of the PDOD in its developed state. All drainage construction areas are to be relandscaped. The PDOD may not divert historical incoming flows to adjacent properties during or after construction nor increase flows on adjacent properties.

(g) Final locations of connection points to existing utility systems both on or off the site, line layouts and sizes are to be provided at the FDP plan stage. [Ord. 719 § 1, 2008. Code 1999 § 16-4-11(8)].

16.90.260 Other provisions and standards.

The FDP may include other provisions deemed necessary or desirable by the landowner/developer for the efficient development and preservation of the PDOD subject to the approval of the commission and the board. In addition, the planning commission and board may, in review of each PDOD, require that additional provisions, unless previously accepted, be incorporated into the preliminary plan or FDP or that conditions be imposed in the public interest to ensure that the PDOD will be developed in accordance with good design standards and practices and can exist compatibly with the neighboring land uses and the community as a whole. Such requirements and conditions may include, but shall not necessarily be limited to, any of the land use requirements or controls not mentioned in the previous sections which would otherwise be applicable by reason of the Granby zoning code, or modifications thereof, including without limitation requirements relating to building design, location and construction, minimum yards, setbacks, lot widths, building spacing and floor areas, and requirements regarding the availability and provision of streets, roads, utilities and other public or quasi-public facilities. Any such requirements and conditions imposed by the commission or board shall be specifically set forth in the FDP, as finally approved.

(a) Enforcement. The provisions of the approved FDP may be enforced by the town and/or by the occupants, residents and owners of the PDOD to the extent and in the manner provided by Section 24-67-106, C.R.S. In addition to and without limitation on such powers of enforcement, the approved PDOD or the FDP of the development may provide for additional rights and remedies as against the landowner in the event of any violation of the provisions of the plan.

(b) Conflict with Other Laws. This chapter shall be liberally construed in furtherance of the purposes stated herein to encourage the use of PDODs. If the provisions of any existing ordinances or regulations of the town of Granby, including without limitation the Granby zoning code and subdivision regulations, are found to be expressly inconsistent or at great variance with the provisions of this chapter, the provisions of this chapter shall control. All existing ordinances or regulations of the town or parts thereof, which are inconsistent with the provisions contained herein, to the extent of such inconsistency, are hereby superseded by these PDOD regulations. [Ord. 719 § 1, 2008. Code 1999 § 16‑4‑11(9)].