In order that the public health, safety and general welfare may be furthered in an era of increasing urbanization, commercial and industrial development, and growing demand for housing of all types and design, this Chapter applies the Planned Unit Development Act of 1972 and is designed to encourage planned unit developments (PUDs) in Estes Park for the following purposes: (Ord. 17-24, §1(Exh. A))

A.

To encourage innovations in residential and commercial development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to such buildings;

B.

To encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes;

C.

To provide a process that can relate the type, design and layout of residential and commercial development to the particular site, thereby encouraging the preservation of the site's natural characteristics, and to encourage integrated planning in order to achieve the purposes of this Chapter;

D.

To provide for well-located, commercial sites and well-designed residential developments while minimizing the impact on roads, streets and other transportation facilities;

E.

To conserve the value of the land; and

F.

To provide for the development of planned mixed-use commercial and residential developments and promote developments with a mix of commercial and residential uses, including but not limited to attainable, workforce, and employee housing, that provide services and employment opportunities in close proximity to residents of the district. (Ord. 17-24, §1(Exh. A))

(Ord. 17-24, §1(Exh. A), 11/26/24)

A.

PUD Overlay Allowed in all Non-Residential Zone Districts. Application for a planned unit development may be made for land located in any non-residential Zoning District. A PUD shall be established by overlaying a PUD development plan over the existing zoning district. All PUDs shall be reviewed and approved in accordance with the standards set forth in this Chapter and the procedures set forth in Chapter 3 of this Code.

B.

Minimum Size. A PUD must include either at least two (2) acres or five (5) or more dwelling units.

(Ord. 17-24, §1(Exh. A), 11/26/24)

A.

All requirements set forth in this Code otherwise applicable to the area of land proposed for a PUD shall govern unless authorized for modification in this section and explicitly approved in the PUD. The following shall apply:

1.

Permitted Uses. Permitted uses may be modified from the underlying zone district subject to the approval of the Decision-Making Body to allow the following:

a.

Uses permitted by-right or by special review in the underlying zoning district;

b.

Residential uses;

c.

Accommodation uses; and

d.

Other uses which are compatible, as defined herein (see §9.3.B below), with other uses within the PUD District and the surrounding area

2.

Number of Units Allowed/Density.

a.

Residential Uses in a PUD. The maximum number of residential units allowed (density) shall not be modified by the PUD and shall be determined by applying the maximum permitted net density allowed in the RM Multi-Family Residential Zoning District (see §4.3.C.5 above). A PUD is eligible for the Attainable/Workforce Housing Density Bonus subject to the provisions of §11.4.

b.

Accommodation Uses in a PUD. The maximum number of accommodation units allowed shall be determined by applying the minimum developable land area per accommodations unit requirement allowed in the A Accommodations/Highway Corridor Zoning District (see §4.4.C above). Any accommodations unit that is less than or equal to eight hundred (800) square feet in size shall be considered a guest unit, regardless of kitchen configuration, for purposes of density calculations of a commercial accommodations use in a PUD. The number of accommodation units permitted may be modified subject to approval of the Decision-Making Body the following:

i.

Accommodations use shall be consistent with the Comprehensive Plan, and

ii.

Shall be compatible, as defined herein (see §9.3.B below), with the surrounding area. (Ord. 17-03 #1)

c.

Land Area Requirements Not Cumulative. The density allowances set forth in this Section are not cumulative, but shall be calculated independently for each residential and/or accommodations use proposed in a PUD. Each independently calculated land area shall be deducted from the total land area available for development to determine the permitted density on a site.

3.

Setbacks and Lot Coverage. Setbacks and lot coverage may be modified from the underlying zone district subject to approval of the Decision-Making Body and the following:

a.

Setbacks from lot lines abutting a property outside the PUD shall comply with the underlying zone district;

b.

Setbacks and lot coverage shall be compatible, as defined herein (see §9.3.B below), with the surrounding area; and

c.

Setbacks shall be consistent with the built form of the applicable Comprehensive Plan Future Land Use Category.

4.

Building Height. Maximum building height shall not be modified by the PUD and shall be determined by applying the underlying zone district standards except that attainable housing units and workforce housing units shall be eligible for a height bonus subject to approval of the Decision-Making Body and the following:

a.

Buildings containing attainable housing units and/or workforce housing units in all underlying zone districts shall be eligible for a height bonus up to a maximum building height of thirty-eight (38) feet subject to the requirements of §4.3.D.5 and §4.3.D.6;

b.

The Community Development Director or Decision-Making Body may require a shadow study, line-of-sight analysis, or similar studies to ensure impacts to surrounding properties are minimized from any building utilizing the building height bonus; and

c.

Building height shall be compatible, as defined herein (see §9.3.B below), with the surrounding area; and

5.

Off-Street Parking and Loading. Off-street parking and loading standards shall not be modified except that the minimum parking requirement may be modified from the underlying zone district subject to approval of the Decision-Making Body and the following:

a.

Any proposed off-street parking alternatives shall be reviewed in accordance with §7.11(G); and

b.

A parking study prepared in accordance with §7.11(E) shall support any modifications to parking requirements.

6.

Private Open Areas.

a.

At a minimum, a PUD development shall set aside a percentage of the site's total gross area for open areas, including open space, active or passive recreational amenities, plazas, courtyards, rooftop patios, sitting areas and other similar spaces as follows:

i.

Ten (10) percent open area for sites less than one (1) acre in size;

ii.

Fifteen (15) percent open area for sites one (1) acre to two (2) acres in size; and

iii.

Twenty (20) percent open area for sites greater than two (2) acres in size.

b.

At its discretion, the Decision-Making Body may require additional or approve a smaller amount of private open areas or public trail dedications based on a review of the following factors:

i.

The Estes Valley Comprehensive Plan;

ii.

Unique drainage, topographic, vegetation or other such physical conditions;

iii.

Type and density of development; or

iv.

Overall need for open space and recreational facilities; or

v.

Quality, usability, and/or public accessibility of open areas proposed.

c.

All open areas or trails provided in a PUD shall be owned and maintained as common (private) open areas by the developer, owner of the property or an organization established for the ownership and maintenance of common open areas, unless the Board accepts public dedication of the open areas.

d.

Open areas or trails dedicated for public use shall comply with all applicable dedication requirements set forth in §7.4 of this Code.

7.

Subdivision Regulations. The requirements of Chapter 10, "Subdivision Standards," shall apply to all PUD-M's unless otherwise specifically exempted, modified or varied pursuant to this Chapter or to §3.6, "Variances."

8.

All Other Zoning Requirements. All other zoning development and design standards shall apply to all PUD-M's unless otherwise specifically exempted, modified or varied pursuant to this Chapter or to §3.6, "Variances."

B.

Compatibility. For the purposes of this section, compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Compatibility does not necessarily mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in coexisting with existing development. Compatibility can be achieved through a variety of methods, including:

1.

Building design, including size, height, bulk, mass, scale, materials and colors;

2.

Minimizing infringement on the privacy of adjoining land uses through screening, window locations, or building placement;

3.

Using landscaping to help mitigate the physical, visual and environmental impacts created by development; or

4.

Operational standards such as:

a.

hours of operation and deliveries;

b.

location on a site of activities, such as trash receptacles and loading zones, that generate potential adverse impacts on adjacent uses;

c.

light intensity and hours of full illumination;

d.

limits on noise; and

e.

parking and transportation demand management.

(Ord. 17-03 #1, 10/14/03; Ord. 17-24, §1(Exh. A), 11/26/24)