(a)

Purpose. The purpose of this division is to:

(1)

Establish standards and procedures to allow for creative, innovative, and beneficial development patterns, facilities, or mixes of land uses that were not contemplated by this UDC and therefore may not otherwise be allowed by this UDC.

(2)

Establish standards for the approval and implementation of campus master plans to facilitate the development of campuses within the CA Zone.

(b)

Application.

(1)

Planned unit development is approved in a two-step process. The first step is a preliminary development plan ("PDP"), which sets out the general parameters for the development. The second step is the final development plan ("FDP") which sets out specific development standards for some or all of the property within the boundaries of the PDP. Planned unit development is used to modify development standards as provided in this Division. If individual lots are to be created, PDP applications are processed concurrently with preliminary plats, and FDP applications are processed concurrently with final plats.

(2)

Campus master plans are approved in a one-step process. The campus master plan details the proposed general locations and intensities of land uses, buildings, parking areas, and open spaces, conceptual traffic and pedestrian circulation systems, and the classes of buffers or techniques for transition between the CA Zone and adjoining property in other zones. The campus master plan may also include thresholds for development after which off-site improvements will be required to mitigate the impacts of the campus. Upon approval of a campus master plan, further approvals of the uses, buildings, and infrastructure set out in the campus master plan are administrative. Campus master plans are intended to be long-term documents that are implemented in conjunction with long-term capital improvements plans, and may be vested pursuant to the requirements of this UDC for periods in excess of ten (10) years.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Planned unit development.

(1)

Zones where allowed. Application for a planned unit development may be made for land located in any zoning district.

(2)

Modification of standards. Development standards for a planned unit development are controlled by the criteria and standards established in section 21-8-304.

(b)

Campus master plan. Campus master plans are allowed in the CA Zone.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 12-2018, § 8, 5-2-18)

(a)

Generally.

(1)

The following types of planned unit developments may be established by overlaying a PUD development plan over the applicable existing zoning district or districts. The overlays are as follows:

a.

PUD-R (a planned residential development within an RE, RL, RM, or RH Zone);

b.

PUD-C (a planned commercial development within a CB Zone); and

c.

PUD-I (a planned industrial development within an I Zone).

d.

PUD-A (a planned development for a use allowable within an A Zone).

(2)

A zoning change is not required; however, the area included in each approved planned unit development shall be indicated on the zoning map.

(b)

Planned residential development (PUD-R).

(1)

Generally. Property within the RE, RL, RM, and RH Zones may be developed as PUD-R, planned residential development.

(2)

Land use. Within the PUD-R district the following uses may be permitted by the city council:

a.

Uses permitted by right, by limited use approval, or by conditional use approval in the underlying zone or zones;

b.

Commercial uses, if the planned unit development contains six hundred (600) or more dwelling units. Such commercial uses shall be subject to the following requirements:

1.

Parking related to the commercial uses must be included as an integral part of the PUD and shall not occupy more than one and one-half (1½) percent of the total area of the PUD.

2.

Commercial uses in any phase shall not be open to use prior to the completion of, and issuance of certificate of occupancy for, at least fifty (50) percent of the dwelling units in that phase.

3.

Unless modified by the city council, all requirements applicable to the MU Zone are applicable to the commercial center in the PUD-R district.

4.

Commercial uses shall be limited to categories reasonably necessary to efficiently serve residents of the development in which the uses are located.

(3)

Income-restricted housing. Provision for low- and moderate-income housing may be required in a residential planned development. If required, the number of low and moderate income units shall be determined by the city council in accordance with current city policies.

(4)

Density. Density shall be limited according to the maximum density of the underlying zone.

(c)

Planned commercial development (PUD-CB). The PUD-CB district is created to provide for the development of planned business and shopping centers. It is intended to promote the grouping of professional and commercial uses and to provide areas large enough to establish harmonious relationships between structures, people and the automobile through the use of well-planned parking, access, pedestrian walkways, courtyards, malls and open spaces. Any commercial zoned area may be developed as a PUD-C district. Uses that are permitted by right, by limited use approval, or by conditional use approval in the underlying zone may be permitted in the PUD-C district.

(d)

Planned industrial development (PUD-I). The PUD-I district is created to provide for the development of planned industrial areas. It is intended to promote the grouping of industrial uses and to group these uses in such a manner that they provide well-planned parking and access, landscaped open areas, and harmonious relationships among buildings and structures. Any industrial zoned area may be developed as a PUD-I development. Uses that are permitted by right, by limited use approval, or by conditional use approval in the underlying zone may be permitted in the PUD-I district.

(e)

Planned agricultural development (PUD-A). The PUD-A district is created to provide for the development of large planned uses allowed in agricultural areas, such as RV parks. It is intended to promote the development of these uses in such a manner that they provide well-planned parking and access, landscaped open areas, and harmonious relationships among buildings and structures and in relation to adjoining property. Any agricultural zoned area may be developed as a PUD-A development. Uses that are permitted by right, by limited use approval, or by conditional use approval in the underlying zone may be permitted in the PUD-A district.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 12-2018, §§ 8, 9, 5-2-18)

(a)

Generally. The standards that are set out in this section may be modified in a planned unit development.

(b)

Open space.

(1)

Open space, in addition to required landscape areas and park and school dedications may be required by the city council upon recommendation by the planning commission. The requirement for additional open space will be based on the following factors:

a.

The city's adopted comprehensive plan;

b.

Drainage, vegetation, natural features, and other physical conditions of the subject property;

c.

The types, densities, and intensities of development, employment, and residential use;

d.

The overall projected demand for open space and recreational facilities by residents or employees of the development.

(2)

Such open space shall be owned and maintained as common open space by the developer or an organization established for the ownership and maintenance of common open space, unless the city council accepts dedication of the open space.

(c)

Residential lot and building standards. The minimum lot area per dwelling unit requirements as set out in div. 4-2, housing palette, apply to the planned unit development, except that the city council may modify such requirements to allow for new housing types or configurations that meet market demands within the city and that provide comparable private or public outdoor use areas.

(d)

Other lot and building standards. Other lot and building standards, including building height, may be modified by the city council.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The standards identified in section 21-8-304, may be modified if the development plan demonstrates compliance with the criteria set out in this section.

(b)

Approval criteria. A final development plan that proposes modification of the standards in this UDC shall meet each of the following criteria (or demonstrate that the criteria are not applicable):

(1)

There is an appropriate relationship to the surrounding area;

(2)

Circulation in terms of internal street circulation system is designed for the type of traffic generated, safety, separation from living areas, convenience, access, and noise and exhaust control, and there is proper circulation in parking areas in terms of safety, convenience, separation and screening;

(3)

If residential uses are proposed, there is consideration of, and provision for, low and moderate income housing;

(4)

Functional open space is provided in terms of optimum preservation of natural features including trees and drainage areas, recreation, views, density relief, and convenience of function;

(5)

The development provides a variety of housing types, densities, facilities and open space;

(6)

The development provides for privacy in terms of the needs of individuals, families, and adjoining property;

(7)

Pedestrian and bicycle traffic is facilitated in terms of safety, separation from vehicular traffic, convenience, access points of destination and attractiveness;

(8)

Building types are appropriate in terms of density, site relationship, bulk, and massing;

(9)

Building design creates a "sense of place" in terms of architectural design, orientation, relationship to open space, spacing among buildings, quality of materials, harmonious color palette, complimentary textures, screened storage areas, and appropriate lighting;

(10)

Signs are complimentary to the scale, architecture, and cladding materials used on the principal buildings; and

(11)

Landscaping of subject property is high quality and serves functional purposes in terms of screening, defining outdoor spaces, providing shelter for pedestrians, and softening building masses.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Building permits. The appropriate official shall issue building permits for buildings and structures in the area covered by an approved final development plan or campus master plan, provided that:

(1)

The time limit established by the planned unit development's tentative development schedule or the duration of the campus master plan, as applicable, has not expired;

(2)

The final development plan or campus master plan has been recorded in the public records of Alamosa County;

(3)

If the subject property was also subdivided, the final plat has been recorded in the public records of Alamosa County;

(4)

All infrastructure required by an improvements agreement or campus master plan is in place and preliminary acceptance has been granted; and

(5)

The buildings or structures are in conformity with the approved final development plan or campus master plan and with all other applicable ordinances and regulations.

(b)

Certificate of occupancy. The appropriate official shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan or campus master plan if the completed building or structure conforms to the requirements of the approved final development plan or campus master plan, applicable building codes, and all other applicable ordinances and regulations.

(c)

Expiration of PUD approval. If the time limit established by the development schedule has passed or if the campus master plan has expired, no building permits shall be issued until after the planning commission has reviewed the development plan or campus master plan for conformance to this UDC (the planning commission may require such modification as may be necessary to ensure such conformance) and approved a new development schedule.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. No changes may be made in the approved final development plan or campus master plan during the construction of the planned unit development, except upon application to the appropriate administrative body under the procedures provided below.

(b)

Minor changes. Minor changes may be approved by the Administrator pursuant to section 21-8-701.

(c)

Major changes.

(1)

All changes in use or increases in the density of the final development plan or campus master plan must be approved by the city council, under the procedures authorized by this UDC for the amendment of the zoning map.

(2)

All other changes that do not qualify for administrative approval pursuant to section 21-8-701, must be approved by the city council under the procedures authorized for final development plan or campus master plan approval.

(d)

Recordation of amendments. Any changes that are approved for the final development plan or campus master plan must be recorded as amendments to the recorded copy of the final development plan or campus master plan.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. From time to time the planning commission shall compare the actual development accomplished in the various planned unit developments or campuses with the approved tentative development schedules.

(b)

Revocation or extension of approval. If the owner or owners of property in the planned unit developments or campuses have failed to meet the approved development schedule, the commission may initiate proceedings to revoke the approved final development plan or campus master plan. Upon recommendation of the planning commission and for good cause shown by the property owner, the city council may extend the limits of the development schedule.

(c)

Assurances for common open space. The city council may require adequate assurance, in a form and manner which it approves, that the common open space shown in the final development plan will be provided and developed.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Enforceability. Unless the subject property is owned by the State of Colorado, the provisions of a final development plan or campus master plan relating to the use of land and the location of common open space shall run in favor of the city and shall be enforceable at law or in equity by the city without limitation on any power or regulation otherwise granted by law.

(b)

Certificate of completion for planned unit development.

(1)

Timing. The administrator shall issue a certificate certifying the completion of the planned unit development, and the city clerk shall note the issuance of the certificate on the approved final development plan.

(2)

Effect. After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of any buildings or structures within the planned development will be principally controlled by the approved final development plan. Where the final development plan is silent as to a particular matter addressed by this UDC, this UDC shall apply unless the administrator finds that such application would collaterally prevent the exercise of rights granted by the final development plan.

(3)

Subsequent amendment. After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency as follows:

a.

The administrator may approve changes to single-family detached and duplex buildings as provided in Article IV, Lot, Building, and Structure Standards.

b.

The planning commission may approve the minor extension, alteration, or modification of existing buildings or structures if the extension, alteration, or modification is consistent with the purposes and intent of the final development plan and does not increase any dimension of a building or structure by more than ten (10) percent.

c.

The city council may approve uses that are not authorized by the approved final development plan, but otherwise may be allowed in the planned unit development as a use by right, by limited use approval, or by conditional use approval in the underlying zone in which the planned development is located.

(c)

Restoration of damaged buildings or structures. A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan or campus master plan unless an amendment to the final development plan or campus master plan is approved in accordance with this article.

(d)

Changes of use or dimensions of open space; other changes. Changes in the use or dimensions of common space, and all other changes not listed in this section, may be authorized only by an amendment to the final development plan or campus master plan approved by the city council, which shall be processed in the same manner as a new final development plan.

(e)

No effect on covenants. No changes in the final development plan or campus master plan that are approved under this section are to be considered as a waiver of the covenants limiting the use of land, buildings, structures, and improvements within the area of the planned unit development.

(Ord. No. 33-2017, § 1, 12-6-17)