ARTICLE 070.070

Planned Unit Development

070.070.010    In General
070.070.020    Purposes
070.070.025    Definitions
070.070.030    Standards and Requirements
070.070.040    P.U.D. Review Procedures
 

070.070.010  In General.

(a)  Under the Planned Unit Development (P.U.D.) concept, a large land area is designed for development as a unit such that a mixture of uses and innovations in design and layout of the development provide benefits over standard, uniform lot and block patterns and design features.  Such benefits include the provision of open space for the benefit of the residents and users, the conservation of natural landscape features, variety in land use patterns and the potential for more efficient provision of services and utilities.

(b)  In a P.U.D., the various land use elements are designed so that they interrelate cohesively with each other; therefore, strict application of standard zone district regulations becomes unnecessary, and certain other design requirements for development are obviated.  The boundary between the P.U.D. and adjacent land areas, however, requires particular attention to ensure that land use patterns are compatible.

070.070.020  Purposes.

The purposes of this Article are:

(1)  To encourage innovations in residential, commercial and industrial development so that the needs of the population may be met by greater variety in type, design and layout of buildings and land uses and by the conservation and more efficient use of open space;

(2)  To promote the most appropriate use of the land;

(3)  To improve the design, character and quality of new development.

(4)  To facilitate the adequate and efficient provision of streets, utilities and government services;

(5)  To facilitate efficient provision of solar access;

(6)  To achieve beneficial relationships with the surrounding area;

(7)  To preserve the unique, natural and scenic features of the landscape;

(8)  To preserve open space as development occurs.  Provision of common open space to meet the recreational needs of residents is particularly important to P.U.D's where the relaxation of other dimensional standards may reduce the private open space available to individual dwelling units.  Refer to Subsection 070.030.155(a) for further direction regarding the intent of common open space requirements;  (A 09-08 §2)

(9)  To provide for necessary commercial, recreational and educational facilities conveniently located to housing; and

(10)  To lessen the burden of traffic on streets and highways.

070.070.025  Definitions.

  As used in this Section, Open space; Open space, common; Open space, active; Open space, passive; Open space, private; Recreation, active; and Recreation, passive shall have the meanings as defined in Section 070.030.155.  (Ad 09-08 §2)

070.070.030  Standards and Requirements.

Every P.U.D. shall be in conformance with this Code and the City's ordinances, goals, policies and plans.  Design and layout requirements otherwise applicable to the development and zone district regulations may be varied within a P.U.D. where the variation will produce a benefit over standard district regulations.  The following standards and requirements shall apply to all P.U.D.s:

(1)  Zoning.  Every P.U.D. shall be divided into one (1) or more zone districts with one (1) or more of the following designations:

HP-PUD     Hillside preservation PUD
R/1-PUD    Single-family residential PUD
R/2-PUD    Limited multi-family residential PUD
R/3-PUD    Multi-family residential PUD
R/4-PUD    Residential transitional PUD
C-PUD       Commercial PUD
I-PUD         Industrial PUD

Such zoning designation shall determine the range of uses potentially allowed in the zone district and maximum building density allowed.

a.  Uses.  The uses potentially allowed within any P.U.D. zone district shall be those uses set forth in Section 070.040.030 as permitted uses and special review uses for the corresponding zone.  Within each P.U.D. zone district, specific uses shall be allowed only as set forth in the approved PUD zoning plan and development permit.  Conditions may be imposed on such uses by the City, and any such conditions shall be set forth in the development permit.

b.  Density.  Maximum gross density to be allowed in any P.U.D. zone district shall not exceed the following:

BP-PUD         1 dwelling unit per acre
R/1-PUD        7 dwelling units per acre
R/2-PUD        14 dwelling units per acre
R/3-PUD        35 dwelling units per acre
R/4-PUD        35 dwelling units per acre
C-PUD            Floor area ratio 3:1
I-PUD             Floor area ratio 2:1

    Within each P.U.D. zone district, land with a slope of twenty-eight percent (28%) or greater and standing water bodies shall be excluded in calculating the maximum number of dwelling units allowed in a residential zone district and the maximum floor area allowed in a commercial zone district.

    (2)  Common Open space. 

    (a)    At least twenty-five percent (25%) of the total gross area of every P.U.D. shall consist of common open space.  At least one-half (½) of said common open space shall be developed as active open space which shall include permanent recreational facilities such as playfields, tennis courts, picnic sites improved with picnic tables, trails, paths, boating areas playground equipment, raised planting beds for community gardens and similar active recreation sites. The greater the number of units in a development, the more active open space improvements should be provided to serve the greater number of residents.  The type and quantity of active open space improvements shall be subject to the approval of the Planning and Zoning Commission and City Council, as required by the Municipal Code. Projects which dedicate active recreation facilities may reduce the overall requirement for open space by twenty-five percent (25%).  (A 14-00 §2; A 09-08 §2)

    (b)  Design standards.  Common open spaces provided to satisfy the requirements of this Section shall satisfy the following requirements:

1.  Design.  The design, siting, grades and solar access of the proposed common open space shall be such that the space is amenable to active and passive recreation, shall relate to the overall design of the site, and shall not be determined solely by those areas left over after the selection of the location for the building, parking areas, utilities and other necessary site improvements.  In addition, the design and siting of common open space located in commercial areas should minimize negative impacts of surrounding commercial activity or traffic on the enjoyment of the space by the residents as much as is feasible.

2. Location.  It is preferable that the common open space is directly accessible to all dwelling units, if possible.  For example, clustering units around a common open space provides greater accessibility to each residential unit and is preferable to locating the open space at the end of a row of units where it is less accessible to many of the units (Figure 1).

3.  Configuration. 

 a.       With the exception of trails, common open space should be consolidated into one large space where possible and shall not be fractured into small sizes and irregular shapes that do not function well for recreation (Figure 2). 

b.       With the exception of trails, spaces with any dimension of less than fifteen (15) ft. shall not count toward satisfying the common or active open space requirement. 

4.  Landscaping.  Common open spaces shall be improved with landscaping such as lawn, trees, and shrubs.  Landscaping required by other sections of the Municipal Code shall not count toward satisfying this requirement.

5.   Trails.  Applicants are strongly encouraged to make trail connections wherever the trail would encourage active recreation due to increased pedestrian connectivity.  For instance, connections to the river trail, nearby parks or publicly owned open spaces, or connections that make short cuts from the end of a cul de sac to a neighboring through street with a sidewalk are desirable.  These connections shall qualify as active open space, subject to the approval of the Community Development Director. 

6.  Setbacks and easements.  Setbacks and easements shall not count toward satisfying the common open space requirement, with the exception that the Community Development Director shall have the authority to waive this requirement where it finds that the setback or easement area is consistent with the intent and design requirements of this Section and has sufficient solar access and landscaping to be amenable to recreation.

7.  Spaces which do not qualify as common open space.  The following spaces shall not qualify toward satisfying the common open space requirement:  parking spaces, driveways, areas containing drainage and geologic hazard improvements, landscape strips between the sidewalk and street, steeply graded spaces, decks, porches, patios, balconies, private open space, setbacks and easement areas except as noted in paragraph (6) above and other similar areas which do not function well for recreation. 

(3)  Provisions for maintenance of open space.  Provisions shall be made, subject to the approval of the City Attorney, for permanent care and maintenance of open spaces, recreational areas and commonly owned facilities.  Where a homeowners' association is deeded common open space, the following minimal conditions shall apply:

a.  The homeowners' association shall be established before any residences are sold, and membership shall be mandatory for each residence owner.

b.  Open space restrictions shall be permanent.

c.  The homeowners' association shall be responsible for utilities, maintenance, liability insurance and taxes on open space and recreational facilities.

d.  The homeowners' association shall have the power to levy assessments which can become liens on individual properties for the purpose of financing the operation and maintenance of common facilities.

e.  In the event the organization established to own and maintain common open spaces, recreational areas or commonly owned facilities, or any successor organization, shall at any time fail to maintain such areas or facilities in reasonable order and condition in accordance with the approved P.U.D. plan, the City may take action as provided by Section 24-67-101 et seq., C.R.S., as amended.

(4)  Parkland dedication.  Every P.U.D. shall be subject to the requirements of Subsection 070.030.150(b) for park land dedication or fee-in-lieu thereof.  (A 14-00 §2)

(5)  P.U.D. perimeter.  The boundary between a P.U.D. and adjacent land uses shall be landscaped so as to adequately buffer potential incompatibility between land uses.

(6)  Phasing of development.  Where a P.U.D. is developed in phases, a proportional amount of the required common open space and recreation areas shall be included in each phase such that the project as it is built will comply with the overall density and common open space requirements of this Code at the completion of each phase of development.  Phasing shall be accomplished such that, at the completion of any phase, the development is consistent with the City's goals and policies.

(A 14-00 §2; A 09-08 §2)

070.070.040  P.U.D. Review Procedures.

Every P.U.D. shall be reviewed in two (2) stages:  the zoning plan and the development plan.  The purpose of the P.U.D. zoning plan review shall be to establish permissible type, location and densities of land uses, to determine compatibility of the P.U.D. proposal with City goals, policies and plans and with the purposes of this Article, and to provide a basis for P.U.D. zoning.  The purpose of the P.U.D. development plan review shall be to evaluate details of the P.U.D. according to the purposes and procedures of Article 070.020.

(1)  Preapplication conference.  When proposing a P.U.D., the applicant shall first request a preapplication conference with the Director.  The applicant shall provide for the conference:

a.  An application for P.U.D. review on a form prescribed by the Director from time to time;

b.  A sketch of the P.U.D. zoning plan which shall be a freehand drawing depicting:  topography of land to be developed, the existing and proposed street system with approximate right-of-way widths, the proposed zoning, densities and types of uses within the P.U.D. and their locations, potential common space areas and park land areas and the location of utilities and existing development on the land; and

c.  Proof of ownership of the land proposed for development.  This land shall be under one (1) ownership or shall be the subject of a joint request for P.U.D. review by the owners of all the property to be included.

(2)  Zoning plan submittal.  After the preapplication conference and at least six (6) weeks before the Planning Commission meeting at which the P.U.D. zoning plan is to be reviewed the applicant shall submit to the Director:

a.  Twenty (20) copies of the P.U.D. zoning plan map which shall be twenty-four (24) inches by thirty-six (36) inches in size, with North arrow and scale and with title and date in lower right corner at a scale of one (1) inch equals fifty (50) feet or larger, which depicts the area within the boundaries of the proposed P.U.D., and which depicts all of the information as set forth under Paragraph 070.070.040(1)(b); and (A 19-94 §3)

b.  A statement of intent with explanations of how the proposed P.U.D. provides benefits over standard development design and how the proposed P.U.D. meets the purposes of this Article; and

c.  The appropriate fee as set forth in the City's development review fee schedule.  (A 19-94 §1)

(3)  Department/agency review.  The Director shall distribute copies of the P.U.D. zoning plan to City departments and other agencies as appropriate.  These departments and agencies shall review the zoning plan, with site visits as needed, to determine whether the proposed concept is in conformance with this Code and the City goals and policies in their areas of responsibility.  They shall submit their comments to the Director at least seven (7) days before the appropriate Planning Commission meeting.  The Director shall compile these comments and shall prepare for the Planning Commission a summary of the issues which the Planning Commission should consider in reviewing the P.U.D. zoning plan.

(4)  Site review.  Before the Planning Commission reviews the P.U.D. zoning plan, the proposal shall be reviewed on site by the Site Review Committee.  The Site Review Committee may make written recommendations to the full Planning Commission at its regular meeting regarding characteristics of the site which may have a bearing on the P.U.D. zoning plan.

(5)  Planning Commission review.  The Director shall distribute copies of the P.U.D. zoning plan to the Planning Commission members along with the summary of issues and department and agency comments.  A copy of the summary and comments shall also be submitted to the applicant.  The Planning Commission shall review the zoning plan at a regular meeting at which it shall hold a public hearing on the proposal.  Public notice shall be given pursuant to Section 070.010.030.  The applicant or his/her representative shall be present at the meeting to represent the proposal.  The Planning Commission shall take one (1) of the following actions at the meeting:

a.  Approve the proposed zoning, densities and uses within the P.U.D. and their locations, recommend to the City Council the approval of the P.U.D. zoning plan and make a determination as to whether the park land dedication shall be a fee or actual park land dedication; or

b.  Continue the hearing to the next regular Planning Commission meeting with the requirement that the applicant submit changes or additional information which it finds necessary to determine whether the P.U.D. zoning plan complies with this Code and the City goals and policies.

(6)  Further review.  In the event the hearing is continued pursuant to Paragraph 070.070.040(e)(2), the applicant shall submit fifteen (15) copies of the changes or information to the Director at least ten (10) days prior to the Planning Commission meeting at which the proposal is to be reconsidered.  The Planning Director shall renew the additional submittal with appropriate City departments or other agencies and shall distribute copies of the submittal to the Planning Commission members along with comments from the departments and agencies.  At the continued hearing, the applicant or his/her representative shall be present to represent the proposal.  At this meeting, the Planning Commission shall take one (1) of the following actions:

a.  Approve the proposed zoning, densities and uses within the P.U.D. and their locations, and recommend to the City Council the approval of the P.U.D. zoning plan and a determination as to whether the park land dedication shall be a free or actual park land dedication; or

b.  Recommend denial of the P.U.D. zoning plan stating the specific reasons for denial.

(7)  City Council review.

a.  After the Planning Commission has made its recommendation for approval or denial of the P.U.D. zoning plan, the Director shall distribute copies of the plan to the City Council members along with excerpts from Planning Commission meeting minutes and copies of department or agency comments.  The City Council shall review the P.U.D. zoning plan at a regular meeting at which it shall hold a public hearing on the proposal.  Public notice shall be given pursuant to Section 070.010.030.  The applicant or his/her representative shall be present at the meeting to represent the proposal.  At this meeting, the City Council shall take one (1) of the following actions:

1.  Affirm the decision of the Planning Commission after finding that the P.U.D. zoning plan does or does not comply with this Code and the City goals and policies; or

2.  Reverse or modify the decision of the Planning Commission after a finding that the P.U.D zoning plan does or does not comply with this Code and the City goals and policies.  (A 5-98 §7)

b.  If the zoning plan is approved by the City Council, pursuant to Paragraph a. above, the proposed zoning densities and uses and their locations shall be those depicted in the approved P.U.D. zoning plan, and an ordinance shall be effected.  If the proposal is denied, the City Council shall state the specific reasons for denial.

c.  The decision of the City Council shall be final from which an appeal may be taken to court in accordance with the laws of the State.

(8)  Filing of P.U.D. zoning plan.  If a P.U.D. zoning plan is approved, a reproducible Mylar copy shall be filed with the Department of Community Development.

(9)  Development plan review.

a.  Within six (6) months of a P.U.D. zoning plan approval as described in Subsection (7) above, the applicant shall submit a development plan for the P.U.D.  Upon a request by the applicant made prior to the expiration of the six-month period, the City Council may grant an extension beyond six (6) months.  If more than six (6) months elapses from the date of P.U.D. zoning plan approval to the date of development plan submittal; and, if no extension has been granted, the P.U.D. zoning plan approval shall lapse and the subject property shall automatically revert to the zoning designation which existed prior to P.U.D. zoning plan approval.

b.  The P.U.D. development plan shall be reviewed according to the procedures set forth in Section 070.020.060, except that no conceptual review shall be required.  Every P.U.D. shall be classified as a major development.

c.  P.U.D. standards and requirements as set forth in this Article shall take precedence over other requirements of this Title.

(10)  Subdivision review.  Where a P.U.D. or any phase thereof involves a subdivision of land, such subdivision shall be reviewed under procedures set forth in Section 070.020.080.

(A 19-94 §§1, 3; A 5-98 §7)