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Angel Fire City Zoning Code

CHAPTER 15

PLANNED UNIT DEVELOPMENTS

9-15-1: PUDS ALLOWED; EFFECT OF OTHER REGULATIONS:

Planned unit developments may be allowed by village approval in any zoning district. Compliance with this zoning code in no way limits or changes the applicable requirements of the subdivision ordinance as adopted and as may be amended 1

9-15-2: DESIRABILITY OF PUD:

The proposed use of the particular location shall contribute to the general well-being of the surrounding area, and will not be detrimental to the health, safety, or general welfare of persons residing in the vicinity of the planned unit development. (Ord. 2002-02, 1-17-2002)

9-15-3: CONDITIONS OF PUD:

   A.   Area: A planned unit development shall be of a size adequate for the proposed development.
   B.   Ownership: The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
   C.   Design: The commission shall require such arrangements of structures and open spaces within the site plan as necessary to ensure that adjacent properties will not be adversely affected.
   D.   Density: Land use density shall in no case be more than twenty five percent (25%) higher than allowed in the zoning district.
   E.   Applicable Regulations: Lot area, width, open space, height, density, and coverage regulations shall be determined through approval of the site development plan.
   F.   Open Spaces: Preservation, maintenance, and ownership of required open spaces within the development shall be accomplished by either:
      1.   Dedication of land as a public park, greenbelt or trail system; or
      2.   Granting to the village a permanent, open space easement on and over the private open spaces to guarantee that the open space remains perpetually in recreational use, with ownership and maintenance being the responsibility of an owners' association established with articles of association and bylaws, approved by the village and filed in accordance with the law.
   G.   Landscaping:
      1.   Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the council with recommendation of the commission for approval, together with other required plans for the development.
      2.   A planting/maintenance plan showing proposed tree and shrubbery plantings shall be prepared for the entire site to be developed.
      3.   A grading and drainage plan shall also be submitted to the commission with the application.
   H.   Signs: The size, location, design and nature of signs, if any, and the intensity, direction and area of floodlighting shall be detailed in the application and be compatible with the zoning district. (Ord. 2002-02, 1-17-2002)

9-15-4: PRINCIPLES TO BE CONSIDERED:

In making its determination regarding the planned unit development, the council shall consider the following principles:
   A.   It is the intent of this chapter that site and building plans for a planned unit development be prepared by a designer, certified engineer or team of designers having professional planning competence. The council may require the applicant to engage professional expertise.
   B.   It is not the intent of this chapter that control of the design of a planned unit development by the council be so rigidly exercised that individual initiative be stifled and substantial additional expense incurred, but rather, that the control exercised be the minimum necessary to achieve the purpose of this chapter.
   C.   The council may approve or disapprove an application for a planned unit development. In an approval, the council may attach such conditions as it deems necessary to secure compliance with the purposes set forth in this chapter. The denial of an application for a planned unit development may be appealed. (Ord. 2002-02, 1-17-2002)

9-15-5: APPROVAL OF PUD; CONDITIONS:

   A.   Conditions Of Approval: As part of its approval of a planned unit development, the council may require the applicant to meet the following conditions (among others it deems appropriate):
      1.   That the proponents of the planned unit development have demonstrated to the satisfaction of the council that they are financially able to carry out the proposed project.
      2.   That the proponents intend to start construction within one year of either the approval of the project or of any necessary zoning district change.
      3.   That the proponents intend to complete construction of the project, or approved stages thereof, within four (4) years from the date construction begins.
      4.   That the development is planned as one land use complex rather than as an aggregation of individual and unrelated buildings and uses.
   B.   Compliance With Approved Plans: Upon the council's approval of a planned unit development, construction shall proceed only in accordance with the approved plans and specifications, and in conformity with any conditions of approval.
   C.   Amendments To Approved Plans: Amendment to approved plans and specifications for a planned unit development shall be obtained only by following the procedures here outlined for first approval. (Ord. 2002-02, 1-17-2002)