9-1-19-39A Policy 39 (absolute) master plan

9-1-19-39A: POLICY 39 (ABSOLUTE) MASTER PLAN:

A. Purpose: The purposes of requiring the preparation of a master plan for certain phased developments are: 1) to provide an opportunity for the town and the developer to review the type and intensity of uses being proposed; 2) to establish the general character of the proposed development; 3) to plan the general configuration of common elements and necessary roads, easements and utilities; 4) to accommodate multiple transfers of density; 5) to provide an opportunity for the parties to review other relevant aspects of the proposed development in advance of the commencement of development activities on the site; 6) to allow the town and the developer to further define and clarify the land use and development policies which will govern the development of the property beyond those express policies provided in the applicable town development policies, including, but not limited to, the land use district guidelines, and 7) to require coordinated development of the property which will meet all applicable town development policies. A master plan shall be considered to be a site specific plan for the development of property. However, following approval of a master plan, the developer must still obtain further site specific approval by obtaining a separate site plan level development permit for the development of the property.

B. Master Plan Required: Except as provided in subsection C of this section, an approved master plan shall be required when land under common ownership is proposed to be developed in phases. When an approved master plan is required, it shall be unlawful for any person to develop or subdivide such property without first having obtained an approved master plan in accordance with this policy.

C. Exceptions: An approved master plan shall not be required for the development of: 1) a single-family detached subdivision, even if constructed in phases, 2) a duplex residential subdivision, even if constructed in phases, 3) a triplex residential subdivision, even if constructed in phases, 4) a phased development included within an approved subdivision plan for all land under common ownership, and 5) a phased development which will occur on a single subdivision lot or tract, if such development is subject to an approved site plan level development permit showing the phasing of the project, or an approved subdivision plan for all land under common ownership. At the election of the developer, a master plan may be obtained for any development for which a master plan is not required pursuant to this subsection.

D. Preapplication Conference: Prior to the submission of an application for approval of a master plan, the applicant shall participate in a preapplication conference as provided in subsection 9-1-18-1A of this chapter.

E. Application: An application for approval of a master plan shall be classified as a Class A development permit application, and shall be submitted on a form provided by the director. Such application shall be signed by all of the record owners of the property proposed to be included within the master plan; provided, that an agent having a valid power of attorney may sign such application for any such owner. The application shall include the following information:

1. A boundary survey and legal description;

2. Proposed use(s), such as office, commercial, residential, lodging or service commercial;

3. Proposed ranges of density and intensity of use(s);

4. Proposed locations of major transportation and pedestrian circulation elements and facilities;

5. Proposed amenities, such as parks, trails, open space, recreational facilities and common elements;

6. Proposed locations for major public and quasi-public facilities;

7. Proposed conceptual subdivision lot lines;

8. Required major extensions of utilities;

9. A statement of the desired development concept, and design and architectural intent for the proposed development, including:

a. A description of the location of the property; and an identification of the primary development(s), sensitive area(s) and other geographic features in the immediate vicinity of the property;

b. Description of the community need the proposed use(s) would fulfill;

c. A listing of major design elements needed to accommodate the primary site functions;

d. A description of anticipated off site mitigation impacts proposed by the developer;

e. A statement describing how the proposed use(s) for the property are appropriate for the location based upon town policies and other relevant factors;

f. A description of how the proposed design of the development is appropriate for the area of the town in which the proposed development is located;

g. A description of the architectural style and exterior building materials and finishes sufficient to demonstrate that the development will be compatible with the surrounding neighborhood and consistent with other applicable development policies;

10. Proposed development standards to achieve the site design and architectural intent described in subsection E9 of this section;

11. A map showing existing topography of the site at two foot (2') intervals, which shall include significant views; natural features and vegetation, including environmentally sensitive areas; names of adjacent subdivisions; departing lot lines of adjacent subdivisions; and footprints of existing and approved buildings adjacent to the property;

12. A vicinity map;

13. A fee in the amount required by chapter 10 of this title;

14. Proof of applicant's ownership of the property to be included within the master plan current to within one hundred twenty (120) days of submittal; and

15. A list of property owners whose property lies within three hundred feet (300') of the property to be included within the master plan, and such owners' last known addresses as shown on the most recent county assessor's records.

The director may require such further information as is reasonably required in order to properly evaluate a master plan application.

F. Approval of Master Plan: Approval of an application for a master plan shall be by development permit as otherwise provided in this chapter. Such approval may be made subject to conditions as otherwise provided in this chapter. At the time of initial approval, each master plan proposal shall: (1) comply with all absolute policies set forth in this section, (2) obtain a score of zero (0) or more with respect to all relative policies set forth in this section, and (3) comply with all other applicable development policies of the town as of the date of such approval. The town engineer shall review master plans, but approval of a master plan shall not be construed to be evidence of the town's determination of the engineering feasibility of the proposed development.

G. Scope of Master Plan: A master plan shall provide: 1) the types of use(s) being proposed; 2) the general character of the proposed development; 3) the density proposed for the development; 4) access to and from the property proposed to be developed; 5) major internal circulation elements (both pedestrian and vehicular); 6) the general configuration of necessary roads, easements and utilities; 7) the sequence of the proposed development; 8) the development concept and design and architectural intent on the proposed development; 9) for the establishment of site disturbance envelopes at the time of subdivision or site plan level development; and 10) other factors necessary to determine the general conformance of the proposal with the town's development policies. Generally, issues pertaining to planning details normally addressed at the site planning level should not be included in a master plan. Such issues will be subsequently addressed through the review of applications for individual development permits to develop the property which is the subject of the master plan. At the election of the developer or the director, further detail may be proposed to be included within the scope of the master plan. The director may require concept level planning in order to determine the feasibility of the phasing schedule proposed by the applicant.

1. The duration of a development permit for an approved master plan is different from the length of the vested property rights period for such permit. A development permit for an approved master plan is vested for three (3) years as provided in section 9-1-17-11 of this chapter. A development permit for an approved master plan is valid until the development permit is abandoned or until the development is completed, whichever shall first occur.

2. The abandonment of a development permit for an approved master plan shall be accomplished by the delivery to the director of a properly signed and acknowledged statement evidencing the property owner's decision to abandon the master plan. The abandonment of the master plan shall become effective and irrevocable upon the director's receipt of the property owner's statement of abandonment.

3. The terms and conditions of an approved master plan shall serve as the controlling development policies for any site plan level development of the property which is the subject of the master plan, and shall supersede any conflicting provision of this chapter. For the purpose of awarding positive or negative points under the applicable relative policies of this chapter, a site plan level application for master planned property shall be evaluated against both the terms and conditions of the approved master plan and those relative policies of this chapter which are not superseded by the master plan, using the point schedule for the various development policies provided in section 9-1-17-3 of this chapter. For the purpose of determining compliance or noncompliance with the applicable absolute policies of this section, a site plan level application for master planned property shall be evaluated against both the terms and conditions of the approved master plan and those absolute policies of this section which are not superseded by the master plan.

4. During the vested property rights period of an approved master plan, the terms of the master plan shall control in the event of a conflict between the master plan and the land use district guidelines or other development policy of the town which was adopted or amended subsequent to the approval of the master plan.

5. After the vested property rights period of an approved master plan has expired, the terms of the master plan shall not control in the event of a conflict between the master plan and the land use district guidelines or other development policy of the town which was adopted or amended subsequent to the approval of the master plan. At such time all aspects of a site plan level development permit for property which is the subject of an approved master plan shall comply with the requirements of the town's "land use and development code", subdivision ordinance¹, the land use district guidelines, those portions of the approved master plan not in conflict with the town's then current development policies, and other applicable development policies which are in effect at the time of the issuance of the site plan level development permit.

6. Any individual site plan level development permit for the development of property within a master planned area, and all vested property rights associated with such permit, shall expire concurrently with the expiration of the vested property rights for the master plan, unless such individual development permit was in full compliance with all then current development policies of the town when such permit was issued. If an individual site level development permit for property within a master planned area was in full compliance with all then current development policies of the town when such permit was issued, such permit shall be valid for a period of three (3) years as provided in section 9-1-17-8 of this chapter, and the vested property rights for such permit shall expire as is provided in section 9-1-17-11 of this chapter.

1. Where property which is proposed to be included within a master plan is located in a single land use district, the gross density for such property shall be limited by the recommended density for such land use district in the land use district guidelines. Such density may be allocated in such a way that some portions of the development will exceed the density recommendations contained in the land use district guidelines as long as such allocation complies with all applicable town development policies.

2. Where property proposed to be included within a master plan is located in two (2) or more land use districts, a master plan may reallocate the density recommended by the land use district guidelines, notwithstanding the requirements of section 9-1-17-12 of this chapter. However, the gross density recommended by the land use district guidelines shall not be exceeded without approval of the town.

J. Open Space: A master plan shall provide for inclusion of common open space in accordance with the provisions of this chapter and the town's subdivision ordinance¹. The master plan may require that the landowner provide for and establish an organization for the ownership and maintenance of any common open space or that adequate arrangements for the ownership and maintenance of such common open space be made. In the event that the organization established to own and maintain common open space, or any successor organization, fails at any time after the adoption of the master plan to maintain the common open space in reasonable order and condition in accordance with the master plan and the applicable town ordinances and policies, the town may proceed as is provided by section 24-67-105, Colorado Revised Statutes.

K. Binding Effect of Master Plan: The provisions of an approved master plan shall be binding upon the applicant who obtained approval of the master plan, and all subsequent owners of the property which is the subject of the master plan.

1. At the request of the owner of any portion of property which is subject to an approved master plan, such master plan may be amended or modified at any time. Any such amendment or modification shall apply only to the property of the owner who requested such amendment or modification. Such owner may request an amendment or modification to an approved master plan without being required to join in such application all of the other owners of the property which is subject to the master plan.

2. A minor master plan amendment is an amendment made to a master plan for the purpose of correcting an error, updating a master plan to reflect as-built conditions, or making other changes to the master plan which do not involve the reallocation of density, a change in or addition to approved uses, a change in an approved phasing sequence, or circulation. A major master plan amendment is any master plan amendment which is not a minor master plan amendment. Master plan amendments shall be classified as provided in the definitions of "Class A development" and "Class C development" in section 9-1-5 of this chapter, and processed accordingly.

3. At the time of any amendment or modification, a master plan shall be brought into compliance with the then current development policies of the town and the town's master plan.

4. A development permit which approves an amendment or modification to a master plan shall not be deemed to extend the duration of the original master plan, but such new permit shall itself be subject to the vested property rights provisions of section 9-1-17-11 of this chapter.

5. Notwithstanding the requirements of subsection L(3) of this section, if the town council finds that: a) the current master plan was first adopted prior to October 17, 1994; b) the current master plan contains provisions which are materially inconsistent with the then current land use guidelines; c) a legal and factual basis exists for the assertion by the applicant that it has vested property rights under the existing master plan; and d) there are significant public benefits which will result from the approval of the amendment to the master plan without requiring compliance with the then current land use district guidelines, the town council may, by development agreement, authorize the planning commission to review and approve (subject to compliance with all other applicable development policies of the town) an amendment to an approved master plan which is not in compliance with the then current land use district guidelines.

M. Master Plan Document: An approved master plan shall be evidenced by a mylar document. Such document shall include all approved maps and the text of all approved agreements relating to the master plan. The size of such document shall be twenty four inches by thirty six inches (24" x 36"), or eighteen inches by twenty four inches (18" x 24"), as determined by the director.

N. Recording: The town shall cause to be recorded in the records of the clerk and recorder of Summit County, a written notice of the approval of a master plan or any amendment thereto in order to give notice thereof to all interested parties; however, the failure of such instrument to be recorded shall not affect its enforceability.

O. Intent to Supersede State Statute: The provisions of this policy are intended to supersede the provisions of the "Planned Unit Development Act of 1972", article 67 of title 24, Colorado Revised Statutes.

P. Applicability: This amended policy shall apply to all master plans, whether adopted before or after the date of ordinance 22 , series 1994, amended policy. (Ord. 22, Series 1994; amd. Ord. 6, Series 1997; Ord. 3, Series 1999; Ord. 18, Series 1999; Ord. 14, Series 2003; Ord. 1, Series 2014; Ord. 3, Series 2022; Ord. 32, Series 2022)

1See chapter 2 of this title.