HomeMy Public PortalAboutPC Resolution 1985-01-01 Certifying to the Fraser Board of Trustees Recommending Amending Ordinance No. 53, Fraser Zoning Ordinance to Add Additional Zoning District Titled "PD - Planned Development" to the List of Specified Districts~ • •
TOWN OF ERASER
PLANNING COMMISSION RESOLUTION N0.-~~`~~ ` _ /
A RESOLUTION CERTIFYING TO THE ERASER BOARD OF TRUSTEES RECOMMENDING
AMENDING ORDINANCE N0. 53, "ERASER ZONING ORDINANCE," TO ADD AN ADDITIONAL
ZONING DISTRICT TITLED "PD - PLANNED DEVELOPMENT" TO THE LIST OF SPECIFIED
DISTRICTS WITH ACCOMPANYING REGULATIONS CONTROLLING USE, SETBACKS, OPEN
SPACE AND OTHER SPECIFICATIONS AS WELL AS OTHER NECESSARY-AMENDMENTS DEEMED
APPROPRIATE BY THE PLANNING COMMISSION..
WHEREAS, the Town of Fraser Planning Commission has reviewed the Town of
Fraser Zoning Ordinance and has deemed it necessary for the protection of
the health, safety and welfare of the current and future inhabitants of the
Town of Fraser, said Ordinances be supplemented by the addition of addendum
thereto;
AND WHEREAS, this Commission has carefully reviewed the proposed
addendum, the purpose for which it is intended and the needs of the present
and future inhabitants of the Town of Fraser.
AND WHEREAS, said addendum is set forth as the attached Exhibit "A" to
this Resolution and which by this reference is fully incorporated herein and
made part hereof;
NOW, THEREFORE BE IT RESOLVED BY THE TOWN OF ERASER PLANNING COMMISSION
AS FOLLOWS:
1. That the proposed addendum attached hereto as Exhibit "A" which by
this reference is fully incorporated herein, is approved and certified to
the Board of Trustees of the Town of Fraser, Colorado for public hearing and
adoption. Said addendum is to be incorporated into and made part of the
Town of Fraser Zoning Ordinance as previously adopted by the Board of
Trustees of the Town of Fraser, Colorado.
DULY MOVED AND ADOPTED BY THE TOWN OF ERASER PLANNING COMMISSION THIS
y ~ I
~ ~ DAY OF ~~~~a~~ ® ~ 19 ~.
THE WN 0 PLANK G COt-"~IISSION
BY:
ATTE T:, ~~ ~~
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° TOWN OF ERASER /
PLANNING COMMISSION RESOLUTION NO.~ Gl~ ` ' l
A RESOLUTION CERTIFYING TO THE ERASER BOARD OF TRUSTEES RECOMMENDING
AMENDING ORDINANCE N0. 53, "ERASER ZONING ORDINANCE," TO ADD AN ADDIliONAL
ZONING DISTRICT TITLED "PD - PLANNED DEVELOPMENT" TO THE LIST OF SPECIFIED
DISTRICTS WITH ACCOMPANYING REGULATIONS CONTROLLING USE, SETBACKS, OPEN
SPACE AND OTHER SPECIFICATIONS AS WELL AS OTHER NECESSARY AMENDMENTS DEEMED
APPROPRIATE 8Y THE PLANNING COMMISSION..
WHEREAS, the Town of Fraser Planning Commission has reviewed the Town of
Fraser Zoning Ordinance and has deemed it necessary for the protection of
the health, safety and welfare of the current and future inhabitants of the
Town of Fraser, said Ordinances be supplemented by the addition of addendum
thereto;
AND WHEREAS, this Commission has carefully reviewed the proposed
addendum, the purpose for which it is intended and the needs of the present
and future inhabitants of the Town of Fraser.
AND WHEREAS, said addendum is set forth as the attached Exhibit "A" to
this Resolution and which by this reference is fully incorporated herein and
made part hereof;
NOW, THEREFORE BE IT RESOLVED BY THE TOWN OF ERASER PLANNING COMMISSION
AS FOLLOWS:
1. That the proposed addendum attached hereto as Exhibit "A" which by
this reference is fully incorporated herein, is approved and certified to
the Board of Trustees of the Town of Fraser, Colorado for public hearing and
adoption. Said addendum is to be incorporated into and made part of the
Town of Fraser Zoning Ordinance as previously adopted by the Board of
Trustees of the Town of Fraser, Colorado.
DULY MOVED AND ADOPTED BY THE TOWN OF ERASER PLANNING COMMISSION THIS
DAY OF 19
THE TOWN OF ERASER PLANNING COMMISSION
BY:
CHAIRPERSON
ATTEST:
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Exibit A
PROPOSED
PLANNED DEVELOPMENT DISTRICT
ORDINANCE
TOWN OF ERASER
COLORADO
DECEMBER, 1984
Foxfire Community Planning
and Development
Market Center, Suite 208
1624 Market Street
Denver, Colorado 80202
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TABLE OF CONTENTS
ORDINANCE PAGE
SECTION 1. ARTICLE II AMENDMENT. 1
SECTION 2. ARTICLE III AMENDMENT 1
SECTION 10 - P.D.D. PLANNED DEVELOPMENT DISTRICT 2
10.100 AUTHORITY. 2
10.200 PURPOSE. 2
10.300 APPLICABILITY AND INTERPRETATION 3
10.310 JURISDICTION 3
10.320 DEFINITIONS. 3
10.400 COORDINATION WITH OTHER REGULATIONS,
PLANS AND GENERAL PROVISIONS 5
10.410 ERASER ZONING REGULATIONS. 5
10.420 ERASER SUBDIVISION REGULATIONS 5
10.430 CONFORMITY WITH MASTER PLAN OR
COMPREHENSIVE PLAN OF ERASER 5
10.440 REVIEWING AUTHORITY. 6
. 10.450 CONSENT OF LANDOWNER AND LIENHOLDERS 6
10.500 PERMITTED USES 6
10.510 PROPERTY INVOLVING PREVIOUSLY ZONED LAND
IN THE TOWN OF ERASER. 6
10.520 PROPERTY BEING ANNEXED INTO THE TOWN OF
ERASER DESIRING P.D. DISTRICT DESIGNA-
TION (ZONING). .~ . 6
10.530 ADDITIONAL USES. 6
10.600 PROCESSING FEES. 6
10.700 DEVELOPMENT PLAN REVIEW PROCEDURES 7
10.710 GENERAL PREAPPLICATION CONFERENCE. 7
10.720 PLANNED DEVELOPMENT DISTRICT PLAN. 7
10.7210 SUBMISSION REQUIREMENTS 7
10.7211 WRITTEN DOCUMENTS 7
10.7212 GRAPHIC DOCUMENTS 8
10.7213 ADDITIONAL INFORMATION. 9
10.7214 GRAPHIC PLAN FORMAT 9
10.7215 APPROVAL PROCEDURE.-. 9
10.7216 AMENDMENTS TO THE PLANNED DEVELOPMENT
DISTRICT PLAN 11
10.730 FINAL DEVELOPMENT PLAN 11
10.7310 SUBMISSION REQUIREMENTS 11
10.7311 WRITTEN DOCUMENTS 11
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TABLE OF CONTENTS PAGE
10.7312 GRAPHIC DOCUMENTS 12
10.7313 GRAPHIC PLAN FORMAT 13
10.7314 APPROVAL PROCEDURE. 14
10.7315 AMENDMENTS TO THE FINAL PLANNED
DEVELOPMENT PLAN. 15
10.740 FAILURE TO BEGIN DEVELOPMENT OR SHOW
SUBSTANTIAL PROGRESS 15
10.750 PERIODIC REVIEWS OF P.D.D.s. 16
10.760 IMPROVEMENTS AGREEMENTS. 16
10.800 DESIGN STANDARDS 17
10.8010 DENSITY. 17
10.8020 DENSITY TRANSFER 17
10.8030 P.D. DISTRICT SIZE. 18
10.8040 OPEN SPACE 18
10.8041 GENERAL. 18
10.8042 LANDSCAPE PLAN 18
10.8043 RECREATION IMPROVEMENTS. 18
10.8044 NATURAL PHYSICAL CHARACTERISTICS 18
10.8045 ADMINISTRATION AND MAINTENANCE 19
10.8050 CIRCULATION. i9
10.8051 STREETS AND WAYS 19
10.8052 PUBLIC TRANSIT 20
10.8053 PARKING AND LOADING. 2p
10.8054 BRIDGES. 22
10.8060 BUILDINGS. 22
10.8061 HEIGHT 22
10.8062 SPACING. 22
10.8063 PUBLIC PHONES. 23
10.8070 SIGNS. 23
10.8080 P.D. DISTRICT PERIMETERS 23
10.8090 DRAINAGE AND UTILITIES 24
10.900 OTHER PROVISIONS AND STANDARDS 24
10.910 ~ ENFORCEMENT. 24
10.920 SEVERABILITY 25
10.930 CONFLICT WITH OTHER LAWS 25
10.940 AMENDMENT. 25
10.950 EFFECTIVE DATE 26
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EXHIBIT A TO
PLANNING COMMISSION
RESOLUTION N0.
TOWN OF ERASER
Planning Commission Resolution No.
Ordinance No.
Series of 198
AN ORDINANCE AMENDING ORDINANCE NO. 53 AS AMENDED ENTITLED "AN ORDINANCE AND
MAP ESTABLISHING ZONING DISTRICTS IN THE TOWN OF ERASER, COLORADO;
REGULATING AND RESTRICTING THE USE OF BUILDINGS, STRUCTURES AND LAND; THE
LOCATION, HEIGHT, BULK AND SIZE OF BUILDINGS AND OTHER STRUCTURES; GOVERNING
THE AREA OF YARDS, COURTS, OPEN SPACES AND PLACES SURROUNDING BUILDINGS AND
STRUCTURES; LOT SIZES AND PERCENTAGE THEREOF THAT MAY BE OCCUPIED;
CONTROLLING THE DENSITY OF POPULATION; DIVIDING THE ZONED AREA INTO
DISTRICTS FOR ZONING PURPOSES; ADOPTING A MAP OF SAID AREA AND 'THE ZONING
DISTRICTS CONTAINED THEREIN, SHOWING BOUNDARIES AND THE CLASSIFICATION OF
SUCH DISTRICTS; ESTABLISHING A BOARD OF ADJUSTMENT AND APPEAL PROCEDURES;
PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT OF SAID ZONING
PROVISION; DEFINING CERTAIN TERMS USED HEREIN; PRESCRIBING PENALTIES FOR THE
VIOLATION HEREOF; AND REPLACING ALL ORDINANCES IN CONFLICT HEREWITH, BY
AUTHORIZING PLANNED DEVELOPMENT DISTRICTS WITHIN THE TOWN OF ERASER;
ESTABLISHING GENERAL PROVISIONS RELATING THERETO; PROVIDING FOR THE
STANDARDS AND CONDITIONS GOVERNING PLANNED DEVELOPMENT DISTRICTS WITHIN THE
TOWN; PROVIDING THE PROCEDURES GOVERNING APPLICATIONS FOR, HEARINGS AND
REVIEW OF A PLANNED DEVELOPMENT; AND DEFINING CERTAIN TERMS."
WHEREAS, the Planning Commission recommended to the Board of Trustees
of the Town of Fraser certain changes to the Fraser Zoning Ordinance, as
previously adopted and amended;
AND WHEREAS, a public hearing was held after appropriate notice, as
required by Article XI of the Fraser Zoning Ordinance, and the laws of the
State of Colorado;
AND WHEREAS, after due consideration of the evidence presented at said
public hearing, this Board finds and determines that the amendment proposed
by the Planning Commission will protect the health, safety and welfare of
the present and future citizens of the Town of Fraser;
THEREFORE: BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ERASER, COLORADO, THAT:
Section 1. Article II of Ordinance No. 53 entitled "Zoning District
Zoning Map and District Boundaries", Section 1 entitled "ESTABLISH-
MENT OF DISTRIt,i~" shall be amended by:
a. Adding a new district description to read as follows:
P.D. -Planned Development District. This district is for the
development of planned areas as a unit utilizing the following
general types of land uses: residential, commercial, office or
industrial and/or mixtures thereof including necessary
utilities, roads, open spaces and other land uses within the
Town of Fraser.
Section 2. Article III of Ordinance No. 53 entitled "District Regula-
tions" be amended by:
a. Amending Section 1, Sub-section 5 to read as follows:
All uses in the R-1, R-2, R-3, M-1, M-2, 6, MD, A and P.D. Zone
Districts shall be served by the Fraser Sanitation District and
the Town of Fraser Municipal Water System.
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b. Adding a new Section Ten (10) (causing sections 10 and 11 to be
renumbered to 11 and 12 respectively) to read as follows:
SECTION 10. PLANNED DEVELOPMENT DISTRICT (P.D.)
10.100 AUTHORITY
The Fraser Planned Development District Ordinance is authorized by and
adopted pursuant toy Section 24-67-103 and Section 31-23-313, Colorado
Revised Statutes, 1973,-as amended.
10.200 PURPOSE
It is the intent of this Ordinance to Promote the health, safety and general
welfare of the inhabitants of the Town of Fraser, Colorado, by providing for
Planned Development Districts within the Town which allows a development
technique which is in the best interest of the Town of Fraser 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 Ordinance for the P.D. District are intended to
ensure integrated planning goals and objectives of the Master Plan or
Comprehensive Plan for the Town of Fraser, while allowing greater
flexibility and innovations in development and site designs than is
typically possible under the conventional zone district regulations. The
regulations herein are intended to provide the developer reasonable
assurance of ultimate approval prior to the expenditure of complete
structure design costs, while providing the Town with assurances that the
project will retain the character envisioned at the time of concurrence.
In addition to the detailed standards and conditions for Planned Develop-
ments set forth in this Ordinance, consideration shall also be given to the
following general criteria which are intended to qualify, for review and
approval any Planned Development 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 projects' size and scope and
which will be of economic benefit to the Town of Fraser thereby
qualifying the project under this and other criteria for review
under these P.D.D. regulations;
(b) Provides for and improves existing commercial, residential,
industrial and education 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 Fraser Zoning Ordinance;
(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 and types, design and
layout of buildings 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 economies may inure to the benefit of 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;
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(j) Encourages integrated community planning and development in
order to achieve the above purposes.
These regulations shall not abrogate, annul, modify or amend any previous
permit, special use permit, license or approval, or any modification thereof
or amendment thereto, issued or authorized by the Town Board of Trustees.
10.300 APPLICABILITY AND INTERPRETATON
10.310 JURISDICTION
This Ordinance shall apply to and govern all Planned Development
District applications submitted after the effective date hereof which
relate to and include lands located within the legal boundaries of the
Town of Fraser. The provisions of this Ordinance may also be applied
to Planned Development District applications for lands which are
located outside of the Town of Fraser but which are proposed to be
annexed to the Town, as permitted by Section 31-12-115, Colorado
Revised Statutes, 1973, as amended. This Ordinance shall not apply to
Planned Development District applications submitted prior to the
effective date and regulated by Ordinance Number 101 and where a Pre-
Annexation Agreement has been signed by the Town and an Applicant and
found to be valid prior to the effective date of this Ordinance Number
10.320 DEFINITIONS
As used in this Ordinance, unless the context otherwise requires, the
following words and phrases shall have the meaning as defined herein.
Definitions contained elsewhere in the General Zoning Regulations for
Fraser also apply where not in conflict with the following definitions.
10.3210 Access. The place, means, or way by which pedestrians or
vehicles shall have safe, adequate, and usable ingress and
egress to a property, use or parking space.
10.3211 Buffer. A horizontal distance designed to provide
attractive space or distance, obstruct undesirable views,
serve as an acoustic barrier, or generally reduce the
impact of adjacent development.
10.3212 Board of Trustees or Board. The Board of Trustees of the
Town of Fraser, Colorado.
10.3213 Cluster Development. A subdivision, planned development or
grouping of lots, dwellings or buildings arranged in such a
way that open space is maintained throughout the area, that
sensitive lands such as wetland and steep slopes remain
undeveloped, and that site design reduces the amount of
street, utility placement, and individual lot sizes.
10.3214 Comprehensive Plan. The adopted Comprehensive Community
Plan and any amendments of the Town of Fraser, Colorado.
10.3215 Density, Gross. The average number of dwelling units or
gross commercial building floor area per acre for the
entire development area or site (property boundaries).
10.3216 Density, Net. The average number of dwelling units or
gross commercial building floor area per acre except (less)
all land areas dedicated. for public or private joint use
for the entire development area such as streets, parking,
buildings, recreation facilities (covered and/or impervious
surfaces), etc.
10.3217 Densityt Parcel. The average number of dwelling units or
commercial building floor area per gross acre of land of a
development parcel or specific land area within a total
P.D. site, be it an actual land subdivision parcel or
special development area.
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10.3218 Density Transfer. To permit (up to some specified maximum)
unused and allowable densities in one area of a P.D.D. to
be used in another area of the same P.D.D.
10.3219 Floor Area. The sum of the gross horizontal area of the
several floors of a building, measured from the exterior
faces of the exterior walls, or from the center line of~
walls separating two buildings.
10.3220 Green Belt. An area of native vegetation left substantially
intact or supplemented by additional plant materials as
well as walkways, rest areas, horse trails, cross country
ski trails, snowshoe trails and other similar uses.
10.3221 IntensitX of Uses. The qualitative and quantitative levels
of activity anticipated for any use of the given parcel of
land.
10.3222 Landowner or Owner. Any person, association, corporation
or other legal entity owning a fee simple interest of
record in the real property referred to.
10.3223 Lot, Parcel or Area Coverage. The portion of a lot,
parcel, or area of land which is covered with buildings,
parking and maneuvering area, patios, decks, covered or
paved storage area or other impervious surf aces.
10.3224 Mixed Use. A P.D.D. that integrates two or more uses such
as residential, commercial, office, or industry uses in the
same development area, building or group of buildings.
10.3225 Open Space. A parcel of land, an area of water or a
combination of land or water within the site designated for
a Planned Development designed and intended primarily for
the use or enjoyment of residents, occupants and owners of
the P.D. and/or in the general public for uses including
but not limited to recreation areas and facilities,
gardens, parks, walkways, paths and trails, and areas of
native vegetation left substantially in their natural state
or supplemented by additional plant material. The term
shall not include space devoted to buildings, streets,
roads and other ways and parking and loading areas.
(a) Common Open Space means open space designed and
intended primarily for the common use of the lawful
owners, residents and occupants of the P.D., but not
necessarily including the general public, which is
owned and maintained by an organization established for
such purpose or by other adequate arrangements.
(b) Private Open Space means open space designed and
intended for the exclusive use of the owners of a
portion of the property included in the P.D. and which
is appurtenant to such property and maintained by the
owners thereof.
(c) Public Open Space means an open area developed,
designed and dedicated for use by the occupants of the
development and by the general public.
10.3226 Planning Commission. The .Fraser Planning Commission of The
Town of Fraser, Colorado.
10.3227 Planned Development District or P.D.D. an area of land
controlled by one or more landowners, to be developed under
unified control or unified plan of development (Planned
Development or P.D.) fora number of dwelling units,
commercial, educational, recreational, or industrial uses,
or any combination of the foregoing, the Plan for which may
not correspond in lot size, bulk or type of use, density,
lot coverage, open space, or other restrictions of the
conventional land use regulations of the Fraser Zoning
Ordinance.
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10.3228 Planned Development (P.D.) Plan. The provisions for the
general development of a Planned Development (P.D.) in a
Planned Development District (P.D.D.) which may include and
need not be limited to easements, convenants and restric-
tions relating to use, location and bulk of buildings and
other structures, intensity of use or density of develop-
ment, utilities, private and public streets, ways, roads,
pedestrian areas and parking facilities, common open space
and other public and private facilities. "Provisions of
the Plan" means the written and graphic materials referred
to in this definition.
10.3229 Plat. A final map, diagram, drawing, or replat containing
all the descriptions, locations, specifications,
dedications, improvements, provisions and information
concerning any subdivision contained in a P.D.
10.3230 Design Standards. Specific requirements of this Planned
Development Ordinance regulating land use, generally
quantitative in nature.
10.400 COORDINATION WITH OTHER REGULATIONS, PLANS AND GENERAL PROVISIONS
10.410 ERASER ZONING REGULATIONS
Approval of a Planned Development District Plan by the Board of
Trustees as per the requirements of these regulations shad constitute
a zone district subject to the contents of said Plan as Planned
Development District No. (P.D.D. # )and its geographical area
outlined on the Official Zoning Map of the Town of Fraser. The P.D.
district designation (P.D.D.#) shall also be written on the _ Official-
Zoning Map. _This zone designation shall stand for as long as zoning
regulations are effective in Fraser unless a rezoning has been approved
pursuant to these zoning regulations.
Land use and development within any P.D.D. approved pursuant to these
regulations shall be controlled by the provisions of the approved P.D.
District Plan and Final Development Plan (s). Specific maps and docu-
ments 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 of
Fraser.
10.420 ERASER SUBDIVISION REGULATIONS
The provisions of this Ordinance concerning Planned Developments are
not intended to eliminate or replace the requirements applicable to the
subdivision of land, as defined in State statutes and the ordinances
and regulations of the Town of Fraser. If the land included within a
proposed Planned Development District is to be subdivided, the land-
owner must comply with the Subdivision Regulations concerning platting
in the Town of Fraser before development may occur. It is the intent
of this Ordinance that any subdivision review under the Subdivision
Regulations be carried out either: (1) simultaneously with the review
of a Final Planned Development_P_lan under this Section of the__ Zoning
Ordinance or (2)_ within the time frame specified in the development
schedule included in the approved Final Planned Development Plan.
10.430 CONFORMITY WITH MASTER PLAN OR COMPREHENSIVE PLAN OF ERASER
No Planned Development District shall be approved by the Fraser
Planning Commission or the Board of Trustees unless the P.D.D. Plan is
found to be in substantial conformance with the master plan or
comprehensive plan as amended for the Town of Fraser.
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10.440 REVIEWING AUTHORITY
The Administrative staff of the Town of Fraser, the Fraser Planning
Commission and the Board of Trustees of the Town of Fraser are hereby
designated as the official entities authorized to review Planned
Development District and Final Planned Development Plan applications
pursuant to this Ordinance. Final approval of the P.D. District and
the Final P.D. Plan is the responsibility of the Board of Trustees as
required by their invested legislative authority..
10.450 CONSENT OF LANDOWNER AND LIENHOLDERS
No Planned Development applications shall be approved without the
written consent of each landowner whose properties are included within
the Planned Development. The Planned Development application shall be
made by a person or entity having an interest in the property to be
included in the P.D. and shall include the consent of all owners of or
corporate interests in such property to the P.D. application. Lien-
holder consent will consist of a written acknowledgement that the
mortgaged title holders are pursuing planning of a Planned Development
in the Town of Fraser. Joint applications are to be under single or
corporate ownership and proof of title must be demonstrated.
10.500 PERMITTED USES
10.510 PROPERTY INVOLVING PREVIOUSLY ZONED LAND IN THE TOWN OF ERASER
Any use permitted in any of the Fraser zoning Districts may be
negotiated and agreed to and specified in the P.D. District and Final
Plan documents with the Board of Trustees approval with the following
exceptions:
(a) P.D.D. applications where the subject property is being
requested to be rezoned from and subsequently surrounded by MD, M-
1, M-2, R-1, R-2 or R-4 district property to P.D. are confined to
the uses specified in these surrounding zone districts and/or the
original district being rezoned from.
(b) P.D.D. applications where the subject property is being
requested to be rezoned from MD, M-1, M-2, R-1, R-2, or R-4 zoned
property to P.D.D. must be contiguous on at least a portion of its
border to a different zone district(s) in order to incorporate the
uses of this zone district(s).
(c) All negotiated industrial uses must be "buffered" by suitable
open space from commercial, office and residential uses in those
P.D.D.s where such industrial uses are approved.
10.520 PROPERTY BEING ANNEXED INTO THE TOWN OF ERASER DESIRING P.D.
DISTRICT DESIGNATION (ZONING).
During annexation and the P.D.D. 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.
10.530 ADDITIONAL USES
Additional uses may be permitted subject to site plan review by the
Planning Commission and Town Board provided the Commission and Board
finds such uses are designed and/or intended for the use of residents
and/or property owners and/or the general public of the subject Planned
Development and such uses are compatible with the Town of Fraser master
plan and uses on surrounding properties. No uses shall be permitted
except in conformance with a specific and precise Final Development
Plan pursuant to the procedural and regulatory provisions hereinafter
set forth.
10.600 PROCESSING FEES
Processing fees will be established and subject to change from time to upon
approval of the Board of Trustees. The current fee schedule may be obtained
from the Town Clerk.
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10.700 DEVELOPMENT PLAN REVIEW PROCEDURES
The application for a Planned Development in the Town of Fraser shall be
subject to a three-faceted review process composed of the following: (1) a
General Preapplication Conference; (2) a Planned Development District Plan;
and (3) a final Planned Development Plan. These regulations are intended
to be applicable to large as well as small project sites. Applicants are
encouraged to combine subdivision with the P.D. process where appropriate
and after conferring with town staff and/or the Planning Commission.
10.710 GENERAL PREAPPLICATION CONFERENCE
Prior .to actual submission of the Planned Development District Plan
Application, development of any site improvements and in order to_
-obtain an exchange information, each applicant shall confer at the!
Town's' direction with either the administrative staff of the Town of
Fraser and/or the Planning Commission (at a regular meeting) 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 and appropriate design
standards are to be considered at this conference. Thereafter, either
staff or the Planning Commission may furnish the applicant with written
comments regarding said conference, to inform and assist the applicant
prior to the preparation of the Planned Development District Plan
application. Any materials prepared by the applicant to be used in
discussions with the Planning Commission are to be submitted to the
Town Clerk 15 days in advance of the meeting date the discussion is to
take place. Eight (8) copies of all materials need_to be submitted for
this conference and appropriate fees paid before discussions-can take
place.
10.720 PLANNED DEVELOPMENT DISTRICT PLAN
The Planned Development District Plan (P.P.D. Plan) application is
intended to generate enough site plan information in the form of
written statements and schematic plans in order to provide adequate
information for review by decision making bodies and the general public
in regards to the proposed P.D.D. zoning. The completed application
shall be known as the Planned Development District Plan.
10.7210 Submission Requirements
The Preliminary General Development Plan shall embrace all .proper-
ties which are to be included in the proposed development and shall
be sufficiently detailed to allow for an effective review.--- At the
conclusion of the >S.D. district review process, pertinent written
and graphic documents will need to be recorded with the Grand
County Clerk and Recorder. The Town will determine during the
review process which documents shall be so recorded and cause the
developer to have appropriate signature blocks placed on the
documents. Submission requirement omissions are cause to continue
or table the review process.
10.7211 Written Documents
The applicant shall submit a written statement which shall include,
at a minimum, the following information:
(a) A lega] 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, development signers, and any lien holders.
(b) Evidence of the present ownership or~ agents-thereof of all•
lands included within the Planned Development in the form of a
current commitment for Title Insurance or Title Insurance
Policy.
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(c) Names and addresses of adjoining property owners within two
hundred (200) feet of the property perimeter.
(d) 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 or deviate from the Town of Fraser's
Comprehensive Community Plan.
(e) Statements clearly outlining the proposed maximum
(up to and including) limits or amounts of all design standards
(Section 10.800) to be negotiated if not covered in this
Section 10.7211 or Section 10.7212 for the total site and
portions thereof.
(f) 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 final P.D.
(g) A statement of the applicant's intentions with respect to
the nature of future sales and/or leases and subdivision of all
portions of the Planned Development.
(h) Quantitative data for the following: total number and type
of dwelling units; approximate parcel size; proposed lot
coverage ratios of buildings and structures; proposed gross and
net residential, commercial and industrial densities;
anticipated amount of open space; total amount of non-
residential construction (including a separate figure for
commercial, institutional, or industrial facilities and the
amount of open space associated with these developments).
(i) Any general physiographic and environmental studies of the
proposed site.
(j) The proposed maximum height(s) of buildings within the
Planned Development.
(k) A generalized trip generation study for the entire
development and its subparts. Also, a statement of the general
intent of the applicant as regards the use of public versus
private roads. _
(1) A statement of the proposed method for controlling
architectural design throughout the development.
(m) A letter from the appropriate utility districts, boards;'
etc. stating their intentions relating to their future ability
to serve the development with water, sewer, .electricity and'
'telephone service.
10.7212 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:
(a).The location and name of the proposed development shown on
a vicinity locator map at a legible scale.
(b) The existing site conditions including topographic contours
and water courses, flood plains (i.e. 100 year), unique natural
features, and vegetation cover.
(c) Proposed subdivision boundary lines and site designs in~
specific or prototypical form.
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(d) The general location of all existing and proposed
buildings, structures, and other improvements including maximum
heights, types of dwelling units, density per type, and non-
residential structures, including non-residential facilities.
For larger scale projects, this information may be shown in
prototype form.
(e) 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 quasipublic uses.
(f) 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
Planning Commission.
(g) Information on land areas adjacent to the proposed Planned
Development to indicate known or proposed development including
land uses, zoning classifications, road networks, public
facilities, and open space.
(h) The existing and proposed generalized pedestrian and
bicycle circulation system for the entire development.
(i) The proposed concept and general .off-site connection
methods for utility service including sanitary sewers, storm
sewers, water, electric, gas, and telephone lines.
(j) A generalized grading plan.
(k) A generalized drainage plan indicating proposed on-site
facilities and treatment and abatement of drainage to adjoining
properties.
r1II~7213_Additonal Information
The Planning Commission may require additional information from the
applicant to evaluate the character and impact of the proposed,
Planned_Development-on the Town. In particular and regarding large,
developments, the Planning 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 by the applicant.
Studies of this nature may require the levying of additional:
processing fees to the applicant.
10.7214 Graphic Plan Format
The site Plan Map(s) will need to be recorded as part of the
approval of the P.D. District Plan. These
using the following format unless otherwise
staff or Commission. The general format to
Section 10.7313 of these regulations.
10.7215 Approval Procedure
maps shall be drawn up
determined by the town
be used is included in
(a) The applicant shall file a minimum of ten (10) copies of
the Planned Development District Plan documents with the Town
Clerk or administrative staff of the Town of Fraser and pay the
required fees. Additional copies may be required at the dis-
cretion of the Town Clerk or administrative staff.
(b) Filing of documents are to be made thirty (30) days in
advance of the regular meeting date of the Fraser Planning-
Commission at which the P.D. District Plan will be discussed.
Responsible administrative staff of the Town of Fraser shall
make written comments to the Planning Commission seven (7) days
in advance of this meeting. Upon receipt of the completed
application and fees for Planning Commission approval, the Town
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Clerk shall schedule the proposed P.D.D. Plan at the next
Commission meeting but no sooner than thirty (30) days prior to
it. Public notice of such meeting shall be duly given by the
Town Clerk at least seven (7) days prior to the meeting date in
the local newspaper designated as the official publishing
vehicle for the Town.
(c) The Planning Commission shall consider the application at
the meeting, and after weighing all evidence presented to it,
shall, in writing, either approve said application as
presented, approve said applicaton subject to clearly specified
conditions, maximum design standard limits, etc. or disapprove
it. The Planning Commission may continue the review for
another thirty (30) days if necessary but not beyond thirty
(30) days without the consent of the P.D.D. applicant(s). Lack'
of consent to continue or failure to reach agreement on nego-
`bated items shall be cause for a recommendation for denial.
(d) If the application is recommended to be approved as pre-
sented or approved subject to conditions or denied by the
Planning Commission, said application shall be submitted to the
Board of Trustees for review and public hearings. Upon sub-
mittal of the P.D.D. application to the Board, the Town Clerk
shall schedule a public hearing before the Board and require
that the property be posted pursuant to Article XI, Sections 1
and 2 regarding amendments to the Official Zoning Map and these
zoning regulations.
(e) If the application is approved as presented, pre-
conditioned, or denied, the Board of Trustees shall, by
ordinance, either grant the necessary P.D.D. zoning or
disapprove said application. When the application i~s approved,
the Board of Trustees shall cause the Official Zoning Map of
the Town of Fraser to be amended. The Board shall direct the
Town Clerk to record the pertinent site plan drawings (section
10.7212) for the P.D.D. 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 P.D. District 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 Planned Development District until the Final Planned
Development Plans for all or a portion of the project area have
been approved by the Planning Commission and Board of Trustees.
(f) Within a maximum of five (5) years following the approval
.~.pa~ of the Planned Development District Plan, the applicant shall
~'~~ ~~~ file with the Town Clerk and Planning Commission a Final Devel-
~~ `~ opment Plan. At its descretion, and for good cause, the
~`~ ~ Planning Commission may extend for up to five (5) years the
~° period for filing the Final Planned Development Plan. Where
large developments are concerned, it is recognized that such
developments may require multi-year construction phasing.
Therefore, work on any portion of the Final P.D. Plan shall be
regarded as work on the total Final P.D. Plan and the expira-
tion periods set forth above shall apply accordingly for any
subsequent phases of the development.
(g) If the applicant fails to apply for review or the exten-
sions described above for all or a portion of the planned
development through the Final P.D. Plan review process, the
development plan for the P.D. District shall be_deemed to- be
null and void upon the expiration of the time periods as
provided in Section 10.7215(f). The P.D. District zone
designation- shall stand unless rezoned through the amendment
procedures of these Zoning regulations. Subsequent action by
the developer or their assignees to revive the P.D. Plan after-
it has been allowed to expire will require the preparation of a
reapplication submittal package and review and public hearing
according to the process for review and submittal requirements
outlined in this Section 10.720.
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10.7216 Amendments to the Planned Development District Plan
Minor changes in the approved Planned Development District Plan and
its conditions of approval shall be subject to review and
consideration by the Planning Commission. Upon consideration of
said changes, the Planning Commission shall take formal action in
writing, either approving or disapproving the changes.
When substantial changes in the Planned Development District Plan
involve a reduction of or an addition to its land area or increases
in negotiated design standards amounting to greater than,' 10~ asp
,calculated by the Planning Commission or staff of the agreed upon
amounts, then said Planned Development District Plan must be
formally amended and an amendments application shall be submitted
for consideration and review according to the process outlined in
Section 10.7214 above.
10.730 FINAL DEVELOPMENT PLAN
The Final Planned Development Plan application is intended to specify
design components of the P.D. District Plan or portions thereof and
provide for the review of additional items not required by the. P.D.
District Plan._ A Final P.D. Plan application may be made for an entire
iDistrict including planned structures or an entire District when
accompanied by a land subdivision plan which may or may not include the
locations of structures or for portions of a P.D. District be they
planned development phases, specific plans with building locations for
development parcels, or combinations thereof. In any P.D. District an
'approved Final P.D. Plan for all or portions of a District must be in
affect before any building permits may be issued for the construction ~
of structures in the approved portions of the District. In the case
where a land subdivision, without building locations specified, is to
serve as a Final P.D. Plan for all or a portion of a P.D. District,
'approval of said Plan is insufficient to trigger the right to apply for
a building permit until a Final Development Plan is submitted for any
of the newly subdivided parcels.' The completed application shall be'
known as the Final Planned Development Plan. Applicants who anticipate
construction of the project upon approval, may discuss with Town admi-
nistrative staff and the Fraser Planning Commission the feasibility and
method of combining the processes outlined in Sections 10.720 and
10.730.
10.7310 Submission Requirements
The Final Development Plan shall include all of the information
required in the Preliminary Development Plan in its finalized,
detailed form plus any additional items included below. Submission
requirement omissions are cause to continue or table the review
process.'
10.7311 Written Documents
The applicant shall submit a written statement, which shall include
the following additional information:
(a) A development schedule indicating the approximate date(s)
when construction of the Planned Development or phases of said
development can be expected to begin and to be completed.
(b) 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
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 spaces.
(c) Copies of proposed covenants, 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.
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(d) 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.
(e) Any required dedication documentation and/or improvement
agreements and bonds.
(f) Any new items not submitted with the Preliminary
Development Plan.
(g) Applicant shall submit required fees.
(h) 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.
(i) A statement that integrates pertinent elements of any
preannexation and development agreements, contracts etc.
previously negotiated with the Town.
(j) A plan which estimates the number of employees needed to
serve all or portions of the development and how they will be
provided housing.
(k) Summaries of any market studies done for the development
containing information that can be shared with the general
public.
(1) A detailed study of the traffic impact of the P.D. on the
Town and regional street system.
10.7312 Graphic Documents
The applicant shall submit finalized site plan graphics, which
shall include the following information:
(a) Any plan maps that have been revised since the P.D.
District approval.
(b) A landscape plan indicating the treatment and materials
used for public and common open spaces, and a revegetation plan
showing treatment of disturbed areas.
(c) Information on land areas adjacent to the proposed Planned
Development to indicate integration of circulation systems,
public facilities and utility systems and open space.
(d) 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.
(e) A soil erosion and prevention plan.
(f) A snow removal and/or storage plan.
(g) The proposed treatment of the perimeter of the Planned
Development including materials and techniques used such as
screens, fences, walls and landscape plan.
(h) A detailed and engineered drainage plan indicating general
on-site and required off-site facilities and proposed treatment
and abatement of run-off drainage to adjoining properties and
the Fraser River and its tributaries.
(i) 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.
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(j) Any preliminary or final subdivision plats required and
prepared as per the requirements of the Fraser Subdivision
Regulations if the development is planned to begin within one
year.
(k) Final engineering
development, points of
with and modifications
designs for any off-site
to the existing street
are to be included for
final review.
plans for public roads within the
access and designs for intersections
of existing public rights-of-way and
road improvements to connect the P.D.
system. Final plans for private roads
any portions of the site undergoing
(1) A site map(s) that depicts the development, phases,
thereof, sites and building footprint sizes and locations out-
lined in the development schedule.
(m) 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.
(n) Such additional information as may be required by the
Planning Commission or Board of Trustees necessary to evaluate
the character and impact of the proposed Planned Development.
10.7313 Graphic Plan Format
Various maps will need to be recorded with the Grand County Clerk
and Recorder as part of the approval of the Final P.D. Plan. These
maps shall be drawn up using the following format unless determined
otherwise by the town staff or Commission in coordination with the
developer.
(a) Said maps shall be in the form of a black India inked mylar
or linen cloth that is capable of reproducing clear and sharp
reproductions of all details, signature, and seals.
(b) No plans using sepia ink or pencil or containing stick-ons
will be accepted.
(c) All signatures on the plan are to be in black permanent ink.
(d) The plan sheet shall have outer dimensions of twenty-four
inches by thirty-six inches (24" x 36"). The plan drawing will
be contained within a space defined by a 1-1/2 inch margin from
the left sheet and a 1/2 inch margin from the other three sheet
edges.
(e) 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.
(f) The scale of the plan drawing shall be at minimum, fifty
feet (50') equal to one inch (1"). Other scales may be used
with the permission of the Planning Commission.
(g) A two and one-half by three inch (2-1/2" x 3") vertical box
in the lower right-hand corner shall be provided for the use of
the Grand County Clerk and Recorder.
(h) Format for plan drafter's, owner's,. Commission
Chairperson's and Board Chairperson's signature blocks and
dedication blocks can be obtained from the Fraser Subdivision
Regulations.
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10.7314 Approval Procedure
(a) The applicant shall file a minimum of ten (10) copies of
the Final P.D. Plan documents with the Town Clerk or adminis-
trative staff of the Town of Fraser and pay the required fees.
Additional copies may be required at the discretion of the Town
Clerk or administrative staff.
(b) Filing of documents is to be made thirty (30) days in
advance of the regular meeting date of the Fraser .Planning
Commission at which the Final P.D. Plan will be discussed.
Responsible administrative staff of the Town of Fraser shall
make any written comments they have to the Planning Commission
five (5) days in advance of this meeting. Upon receipt of the
documents for Planning Commission approval, the Town Clerk
shall schedule the project on the next Planning Commission
agenda as a public hearing and give due notice to the public of
said hearing in a newspaper of local circulation.
The Final P.D. Plan shall be deemed in substantial
compliance with the P.D. District Plan, providing modification
~-a by the applicant does not involve one or more of the following:
(1) Violation of any provision of this Ordinance.
(2) Varying the lot area requirement by more than ten (10}
percent;
(3) A reduction of more than ten (10) percent of the areas
reserved for the open space;
(4) Increasing the floor areas proposed for nonresidential
use by more than ten (10) percent; and
(5) Increasing the total ground area covered by buildings
by more than ten (10) percent.
(6) Chan~es in density of up to and including a ten percent
(10%}g increase over the initially negotiated amount are
allowed through the density transfer mechanism ,as`
provided in Section ~2Q,of these regulations.
~o, ~~
(7) Any other items where changes amount to greater than
10%.
(d) The Planning Commission shall determine said application's
compliance with the provisions of this Ordinance and the P.D.
District Plan. After consideration of the application, the
Planning Commission shall, in writing and by resolution, either
approve said application as presented, approve said application
subject to specified conditions, or disapprove it.
(e) The Planning Commission shall forward said Resolution
together with the reasons for the recommendation to the Board
of Trustees. The application and accompanying Resolution shall
be submitted for review at the next regularly scheduled Board
of Trustees meeting no sooner than twenty {20) days after the
Planning Commission's decision.
(f) Upon receipt of the Final P.D. Development Plan, the Board
of Trustees may approve it. The Board of Trustees shall not
approve any major change or addition in the Final Planned
Development Plan recommended by the developer until the
proposed major change or addition has been referred to the
Planning Commission for recommendations and a copy of said
recommendations has been filed with the Board of Trustees.
Failure of the Planning Commission to file said recommendations
to the Board of Trustees within forty-five (45) days after the
reference shall be deemed to be approval of the proposed
changes or additions. It shall be necessary for the Planning
Commission to hold a public hearing on any major such change or
addition.
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(g) If the Final P.D. Plan 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 of Fraser on the Plan face. All conditions
must be satisfied before any official town signature(s) are
affixed thereto.
(h) The Board shall direct the Town Clerk to record the
pertinent written and graphic documents of the Final P.D. Plan
with the Grand County Clerk and Recorder. All recording costs
are to be paid by the applicant. Copies of all records are to
be kept in the Town Hall.
10.7315 Amendments to the Final Planned Development Plan
Minor changes in the location, siting, and height of buildings and
structures may be authorized by the Planning Commission without
additional public hearings if required by engineering or other
circumstances not foreseen at the time the Final P.D. Development
Plan was approved. No change authorized by this subsection may
cause any of the following:
(a) A change in the
(b) An increase in
(c) An increase in
(d) A reduction in
(e) A reduction of
(f) A reduction in
use or character of the development;
overall land coverage of structures;
the intensity and density of use;
approved open space;
off-street parking and loading space;
required pavement widths.
All other changes in use, or rearrangement of lots, blocks, and
building tracts, or any changes in the provision of common open
spaces must be made by the Board of Trustees after report of the
responsible administrative staff and recommendation by the Planning
Commission. Such amendments may be made only if they are shown to
be required by changes in conditions that have occurred since the
Final P.D. Plan was approved or by changes in community policy,
Density transfers desired beyond the ten percent (10~) limit
require compliance with the rezoning procedures of Article._ XI,
Amendments, Sections 1_and_2 of these zoning regulations.,'
Any changes which are approved in the Final P.D. Plan must be
recorded as amendments in accordance with the procedure established
for the recording of the initial Final P.D. Plan documents with the
exception that prior to making its recommendation to the Board of
Trustees, the Planning Commission shall hold at least one (1)
public hearing with the applicant being responsible for publishing
notice of said hearing in the official publication of the Town of
Fraser at least fifteen (15) days in advance of the hearing.
10.740 FAILURE TO BEGIN DEVELOPMENT OR TO SHOW SUBSTANTIAL PROGRESS
10.7410 P.D. Special Review
Each P.D. within an approved Planned Development District 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 Final P.D. Plan Special Review by the Planning
Commission. The Commission Special Review shall be commenced if
one or more of the following situations exist:
(a) Failure to begin subdivision platting and/or draw building
permits for construction as detailed in the approved
development schedule within twenty-four (24) months of the
schedule starting date or extensions thereto;
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~ ~ (b) Inactivity or documented "no progress" as determined by
either the staff or Planning Commission on any stage of the
project for more than four (4) years from the last completed
benchmark in the approved development schedule.
(c) Request for extensions to the start-up dates by the
developer. The Commission may extend for not more than three
(3) periods of twelve (12) months each, the time for beginning
the project.
10.7411 General Purpose
The P.D.D. Special Review will be undertaken by the Planning
Commission to determine if the developer can verify to the
Commission that the original assumptions and plans of the Planned
Development are still appropriate. At this review, the development
schedule shall be recommended to be formally amended or the Final
P.D. Plan be declared null and void. Proceedings of this Review
shall be forwarded to the Town Board for their review and approval
of the amended development schedule or voiding of the Plan. No
development may proceed until these formal amendments and approvals
are made.
10.7412 Review Fees
In order to cover Town expenses for conducting the Final P.D. Plan
Special Review, the developer shall pay on demand, a fee equivalent
to eighty percent (80%) of the original Final P.D. Plan review. In
addition to direct collection, f ailure to pay fees will trigger
other methods of securing payment.
10.750 PERIODIC REVIEWS OF ALL P.D.D.S
The Planning Commission will conduct, at least every two years, a
review of each project on or about the anniversary date of the Final
P.D. Plan approval. No fees will be charged to the developer for these
reviews. Developers of P.D. projects may be asked by the Commission or
staff to appear at this review and make a progress report. The Commis-
sion will make a determination and so note in the minutes as to whether
adequate or no progress has been made by the developer.
10.760 IMPROVEMENTS AGREEMENTS
The Planning Commission and Board of Trustees will require adequate
Improvements Agreements for public improvements both on and off-site to
be signed and secured by an acceptable financial guarantee(s) as a
supplement to any Final P.D. Plan if these agreements have not already
been developed through the subdivision process. Liabilities and
responsibilities between multiple owners need to be clearly spelled out
in these agreements. Once these agreements are consumated, default by
any party will trigger the use of the financial guarantees assigned to
the def aultee in order to complete the improvements of the defaultee so
as not to transfer liabilities to non-defaulting partners to the
agreements.
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 Improvements Agreement will become the financial
responsibility of the P.D. 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 Town Board.
No building permits will be issued on a total P.D. site or portions_
thereof unless_ a Final_Planned Development Plan has been approved as
per Section 10.730 of these regulations and any associated improvements
agreement has been negotiated and signed. On large P.D.'s it behooves
developers to sequence Final P.D. Plan approvals and construction
phasing in order to keep improvement agreement collateral amounts
reasonable.
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10.8"00 DESIGN STANDARDS
Basic design standards which are largely quantitative in nature are outlined
in this section and are either negotiable or are specified. Except where
otherwise noted, these standards are to be defined at the Planned
Development District review stage.
10.8010 DENSITY
Density is a negotiable item and is to be expressed in terms of resi-
dential 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. Densities shall be
calculated for land areas comprising the property boundaries for entire
sites and/or to the midpoint of adjacent streets for development par-
cels 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
Final Planned Development Plan stage.
The term "commercial residential" shall apply to hotel and lodge type
airspace ownerships or rental rooms where kitchens area not necessarily
a part of the accommodations units. Condominium units (with kitchens)
with or without "lock-out" sleeping rooms that are part of a structure
or a series of structures in an identifiable "hotel" type complex which
are rented from a central reservations desk within the structure or
attached structures are considered to be commercial residential uses.
,Density negotiations are to be carried out in relation to the following
icriteria:
(1) Reasonable compatibility with the densities of the surrounding
developments.
(2) Concern for the general criteria that the densities negotiated will
allow the development to "work" from the following standpoints:
(a) marketability - present and future;
(b) preservation of a quality life that reflects successful .~
communities;
(c) site carrying capacity in relation to topography, vegetation
and other natural physical attributes or constraints;
(d) avoidance of "crowding" or site packing and tight building
_spacing;
(3) Concern for the interrelationship between density, height, open
space and vehicle accommodation which promote a quality resort
experience for residents and visitors alike.`
(4) The relationship of density to the general theme of the proposed
development.
(5) The relationship of the proposed;,densi_t~ to the support or
maintenance of a pedestrian oriented'_, - ';community.
10.8020 DENSITY TRANSFER.
Within a total individual P.D. Plan, unuseed density initially
negotiated at the P.D. District stage may be transferred from one
~~~~ portion of the entire P.D. site to another at the Final P.D. Plan stage
so long as the parcel where density is being transferred to does not
~~ ~ I,'dj increase the density initially negotiated or commercial or industrial
~~ floor areas in the approved original P.D. District Plan~by more than
;,~~ ~;'~ ten percent (10X). Density may not be transferred between different
f ~,~' ~~
~1 ~~
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total P.D. sites (areas having
Density may not be transferred
has an approved Final P.D.
amendment and compliance with
,transfer transactions betwe~
documented to the Town.
different P.D. zoning district numbers).
from one parcel to another that already
Plan without a formal Final_ P.D. Plan
the rezoning procedures. All density
'n transferor and transferee must be
10.8030 P.D. DISTRICT SIZE
A Planned Development District shall consist of a minimum of one-half
(1/2) acre.
10.8040 OPEN SPACE
10.8041 General.
The amount of open space in a PD is a negotiable item and is to be
expressed in terms of acres and percentages on the entire PD site
and any of its subparts or development parcels. Open space shall
be land areas not occupied by buildings or structures and attach-
ments 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 residential areas.
(2) Open space and/or landscaping accompanies all types of
developments.
(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 of the "pastoral" character of the large
open spaces in the region.
(6) Degree of maintenance and/or development of waterways and
bodies in the development as a recreation amenity.
(7) Degree of public access to open spaces and recreational
amenities.'
(8) Maintenance of a "balance" between planned open spaces and
fees-in-lieu buyouts for public parks as outlined in the
Subdivison Regulations.
10.8042 Landscape Plan. All industrial, commercial, commercial
residential, or mixed use P.D.s or portions of P.D.s that
are commercial in nature or industrial shall submit a
landscape plan for these areas at the Final Planned
Development Plan review stage.
10.8043 Recreation Improvements. Recreation facilities or struc-
tures and their accessory uses located in common recrea-
tions shall be considered open space so as long as total
impervious surfaces, including courts and roofs, constitute
no more than ten percent (10%) of the total open space
nogotiated for the development.
10.8044 Natural Physical Characteristics.
(1) Streams, lakes, other bodies of water, slopes in excess
of twenty percent (20%), and flood plains may be in-
cluded as open space. Land areas containing identified
geologic hazards may not be included in the negotiated
open space amounts.
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(2) Where natural streams or creeks traverse the Planned
Development, the maintenance of a nondisturbance zone
. of a minimum of thirty (30) feet measured landward from
the mean identifiable high water mark on the stream
banks shall be dedicated as open space. The Planning
Commission may require an increase in this. setback
distance based on the following criteria:
(a) degree of slope adjacent to the stream equals or
exceeds thirty percent (30X);
(b) highly erodable soils are present;
(c) the proposed use of the property presents a special
hazard to water quality (i.e., 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 recreation ~1 needs of the
residents of the P.D. district and the general public
are being met in the opinion of the Planning
Commission.
10.8045 Administration and Maintenance. The following provisions
shall govern the administration of the common improvements
and open space in all Planned Developments approved pur-
suant to these Regulations:
(1) The Final. Planned Development Plan 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 Final Planned
Development PPlan. No such instrument shall be accepted
until approved by the Town Attorney as to legal form
and effect, and the Planning 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., as amended.
(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 apart of the aforementioned
instruments, a declaration of covenants and restric-
tions that will govern the association. Developers
unfamiliar with these legal instruments should consult
the Subdivision Regulations or an attorney familiar
with them.
10.8050 CIRCULATION
10.8051 Streets and Wavs
(1) Development of streets and ways in a Planned
Development area shall be designed as per requirements
of the Subdivision Regulations and Street Development
Policies of the Town and shall reflect the nature and
function of streets. No two-way street driving surface
shall be less than twenty-four (24) feet wide. No cul-
de-sacs shall be longer than five hundred (500) feet. A
general street plan showing, at a minimum, the public
arterial and collector roads will be required at the
P.D. District review stage. A detailed and engineered
public and private street plan is required for any
Final P.D. Plan approval.
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(2) There shall be a minimum of two accesses to any Planned
Development over two (2) acres in size from the rest of
the Town of Fraser. 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 (5%) grade within fifty
(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, non-residential and recreational. facili-
ties provided in or adjacent to the Planned Develop-
ment. Where designated bicycle paths or trails exist
adjacent to the Planned Development, safe convenient
access shall be provided. The Planning 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 as
utility easements where said easements are necessary.
All streets are to be completed and paved before a
Certificate of Occupancy (C.O.) 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 Final P.D. Plan. 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 in-
cluded in the Final P.D. documents and implemented
during construction.
(5) All private streets shall be conveyed to a private home
or property owners association. If the private asso-
ciation or person(s) owning the private streets in the
Planned Development 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 applicable 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
assocation or owner(s).
10.8052 Public Transit. All Final Planned Development Plan
site designs are to include, where appropriate, an
emphasis on public transit access by providing
convenient and covered loading and unloading points.
10.8053 Parking and Loading
(1) Parking is a negotiable item in terms of space size
and amounts but in general shall be provided as per
the off-street parking requirements found in the
Fraser Zoning Ordinance. A detailed parking plan
is to accompany all Final Planned Development Plan
applications.
In .addition, the Planning Commission may determine
that storage areas for boats, trailers, campers,
and other recreational vehicles shall be required
where the necessity for such facilities has been
demonstrated and where such facilities will
preserve the required off-street parking for the
use of automobiles.
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(2) Parking lots or structures in commercial, indus-
trial and mixed use developments shall be a minimum
of ten (lfl) feet from public or private road right-
of-ways.
(3) Parking areas shall be designed using architectural
- and engineering standards.
(4) Landscaping is required in commercial, industrial
and mixed use developments~on the perimeters of
parking areas to screen them from public view and
large parking areas are to be broken up with land-
scaped islands that provide a measure of asthetics
to the parking areas without seriously inhibiting
snow plowing and storage.
(5) Parking is to be allocated and located in propor-
tion and in relation to the activity generated.
(6) Parking for residential units is to be located no
farther than two hundred (200) feet from those
units.
(7) All parking areas are to be adequately lighted for
security reasons in commercial, industrial and
mixed use developments.
(8) No parking is to be allowed on through public roads
unless an additional minimum surf ace width of
twelve (12) feet is provided for this purpose for
parallel parking; greater distances for angled
parking.
(9) All parking lots are to be provided with a minimum
of two (2) accesses of double lane driveways.
(10) Parking and loading areas are to be completed and
paved before a Certificate of Occupancy (C.O.) is
issued on any structure(s). The paving requirement
may be waived in some residential areas at the
discretion of the Planning Commission or -should
weather conditions necessitate it or a separate
paving schedule is agreed to as part of the Final
P.D. Plan. All improvement bonds, escrow funds,
etc., are to be held by the Town until paving is
complete. Underground or structured parking is
encouraged.
(11) Loading areas in commercial, industrial and mixed
use developments are to be designed to adequately
accommodate both goods and people unloading at all
residential and commercial buildings; the minimum
loading area size is ten (10) feet wide by twenty
(20) feet long by sixteen (16) feet high.
(12) Parking and loading areas are not to be used for
the sale, repair, dismantling of any vehicle or
equipment or the sale of any materials, supplies,
food or other goods except by special permit from
the Town of Fraser.
(13) Parking areas
storage areas;
for the use
public view.
total area of
snow storage.
may not double as snow or general
all storage areas are to be adequate
attached thereto and screened from
Generally, an extra one-third of the
a parking lot is to be utilized for
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10.8054 Bridges. If any bridges are to be constructed within
the Planned .Development 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.
10.8060 BUILDINGS
10.8061 Height. Height measurements shall be defined as per
the Fraser Building Regulations. Proposed height
limits shall be negotiated at the Planned Development
District stage. Final height of buildings may be
negotiated by the Planning Commission at the Final P.D.
Plan stage and subject to further negotiation and/or
the approval of the Board of Trustees. Height
negotiations are to be carried out in relation to the
following characteristics of the proposed buildings or
other improvements:
(1) Its geographical location;
(2) The probable effect on slopes, soils and other
hazardous terrain.
(3) Adverse visual effect to the adjacent public and
private property, right-of-ways or other areas in
the immediate vicinity;
(4) Potential problems for
sites caused by shadows,
closing of view;
adjacent public and private
loss of air circulation or
(5) Influence on the general vicinity, with regard to
contrasts, vistas and open space;
(6) The extent to which potential adverse effects are
eliminated or reduced by such factors as spacing
between buildings and limitation of the ground
areas occupied by such buildings.
(7) The extent to which building height
to the environmental amenities
efficiency of the development by a
open space, the more efficient
utilities and other services, and
effects.
will contribute
and increased
slowing for more
provision of
other desirable
(8) Its potential for improving the level of privacy in
adjacent residential areas.
(g) Its potential for being compatible with the scale
of the surrounding natural environment and built
areas.
(10) Public safety considerations.
10.8062 Spacing
(1) Each Planned Development 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.
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(2) No specific yard, building or setback lot size
requirements shall be imposed other than those
provided herein, in the Planned Development pro-
vided that the spirit and intent of this section
are complied within the Final Planned Development
Plan. The Planning Commission may determine that
- certain setbacks and spacing be required within all
or a portion of a Planned Development for safety
reasons.
(3) All buildings will be located so as to take
advantage of any passive or active solar gain as
deemed appropriate by the developer in the interest
of energy conservation.
10.8063 Public Phones. All commercial and multifamily resi-
dential buildings between 5,000 and 15,000 square feet
of gross floor area are to be provided with a minimum
of one public phone; all other buildings are to provide
public phones in adequate number to serve residents
and/or customers and/or employees. Public phones are
to be detailed on the Final P.D. Plan.
10.8070 SIGNS
10.8071 All signs are to conform to the Town of Fraser Zoning
Ordinance with the following exceptions:
(1) No signs are allowed on roofs of buildings;
(2) P.D.s intending to have internal sign covenants for
the entire development may negotiate these
covenants as part of the P.D. review process should
there be differences with the sign requirements of
the Zoning Ordinance.
10.8080 P.D. DISTRICT PERIMETERS AND MAJOR, ROWS
!,10.8081 Definition of the perimeters of a P.D. 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 interests 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 off-set the visual impact
opaque barriers;
(7) The appropriateness of the degree of privacy and
exclusivity desired by the applicant in relation to the
community as a whole.
10.8082 Where a Planned Development is adjacent to a railroad,
state or federal highway ri ht-of-way, a permanent open
space at least twenty-five ~25) feet in width shall be
required as a setback from these rights-of-way line(s).-
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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 of Section 10.8081 above.
10.8090 DRAINAGE AND UTILITIES
General drainage and utility off-site connection concepts are to be
discussed at the P.D. District Plan stage.
10.8091 The Final P.D. Plan is to include a drainage plan with
contours drawn at a minimum of two (2) foot intervals.
10.8092 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
Fraser River and its tributaries.
10.8093 The drainage system shall be designed for the Planned
Development by a registered professional engineer and shall
be constructed in accordance with such design.
10.8094 The drainage plan shall include techniques and measures to
prevent erosion on the site as well as into the Fraser
River or any of its tributaries during and ai'ter
construction.
10.8095 The storm drainage and run-off system is to be designed for
sufficient capacity to accommodate historical flows onto
and from the P.D. plus the increased run-off from all areas
X00 ~d~ of the P.D. in its developed state. All drainage
construction areas are to be re-landscaped. The Planned
,~~;c Development may not divert historical incoming flows to
`Y adjacent properties during and after construction.'
~~
e;;t1y~ ~ 10.8096 Final locations of connection points to existing utility
systems both on or off site, line layouts and sizes are to
be provided at the Final Planned Development Plan stage.
10.900 OTHER PROVISIONS AND STANDARDS
The Final P.D. Plan may include other provisions deemed necessary or desir-
able by the landowner for the efficient development and preservation of the
Planned Development District subject to the approval of the Planning Commis-
sion and the Board of Trustees. In addition, the Commission and Board may,
in review of each Planned Development, require that additional provisions be
incorporated into the PD District or Final Plan or that conditions be im-
posed in the public interest to ensure that the Planned Development District
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 Fraser Zoning Ordinance, or modifications thereof, including
without limitation requirements relating to building design, location and
construction, minimum yarrds, 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 Planning Commission or Board
of Trustees shall be specifically set forth in the Final P.D. Plan, as
finally approved.
10.910 ENFORCEMENT
The provisions of the approved Final P.D. Plan may be enforced by the
Town and/or by the occupants, residents and owners of the Planned
Development to the extent and in the manner provided by Section 24-
67-106, Colorado Revised Statutes, 1973, as amended. In addition to
and without limitation on such powers of enforcement, the approved P.D.
District Plan or the Final P.D. Plan for the development may provide
for additional rights and remedies as between the Town and the
landowner in the event of any violation of the provisions of the Plan.
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10.920 SFVERABILITY
•
It is hereby declared to be the legislative intent that the severable
provisions of this. Ordinance shall be severable in accordance with the
provisions set forth below:
10.9210 If any provision of this Ordinance is declared to be
invalid by a decision of any court of competent juris-
diction, it is hereby declared to be the legislative
intent that:
(1) The effect of such decision shall be limited to
that provision or provisions which are expressly
stated in the decision to be invalid; and
(2) Such decision shall not affect, impair or nullify
this Ordinance as a whole or the application
thereof, but the remaining provisions of this
ordinance shall continue in full force and effect.
10.921 If the application of any provision of this Ordinance
to any tract of land is declared to be invalid by a
decision of any court of competent jurisdiction, it is
hereby declared to be the legislative intent that:
(1) The effect of such decision shall be limited to the
tract of land immediately involved in the
controversy, action or proceeding in which the
judgment or decree of invalidity was rendered; and
(2) Such decision shall not effect, impair or nullify
this Ordinance as a whole or the application of any
provision thereof to any other tract of land.
10.930 CONFLICT WITH OTHER LAWS
This Ordinance shall be liberally construed in furtherance of the purposes
stated herein to the end that Planned Development Districts shall be
encouraged. If the provisions of any existing ordinances or regulations of
the Town of Fraser, including without limitation the Fraser Zoning Ordinance
and Subdivision Regulations, are found to be inconsistent or at variance
with the provisions of this Ordinance, the provisions of this ordinance
shall control. All existing ordinances or regulations of the Town of
Fraser, or parts thereof, which are inconsistent with the provisions
contained herein, to the extent of such inconsistency, are hereby superceded
by these Planned-Development regulations.
10.940 AMENDMENT
This ordinance is enacted and may be amended in accordance with the proce-
dures required for the adoption of an amendment to a zoning ordinance, as
prescribed by Section 31-23-305, Colorado Revised Statutes, 1973, as amended
and as prescribed by these zoning regulations. All amendments to these
Planned Development regulations enacted prior to the approval of a Planned
Development District Plan or subsequent to the approval of a Planned Devel-
opment District Plan but prior to approving a Final Planned Development Plan
shall apply as appropriate to any P.D. District or Final P.D. Plan review.
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10.950 EFFECTIVE DATE
This Ordinance shall take effect thirty days after publication following
final passage and adoption, as provided by law.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED AFTER PUBLIC HEARING THIS
DAY OF 198 BY THE BOARD OF TRUSTEES
OF THE TOWN OF ERASER.
MAYOR
ATTEST:
TOWN CLERK
(SEAL)
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