To promote more efficient use of land to preserve and enhance the natural characteristics and unique features of a development; to improve the design, character, and quality of new development; to encourage integrated planning to achieve the objectives of the City of Florence comprehensive plan; to preserve open areas; to facilitate the adequate and economical provision of streets and utilities, and to reduce the burden on existing streets and utilities by more efficient development; and to conserve the value of land; planned unit developments (PUD) as authorized by CRS 24-67-101 et seq., as amended, may be permitted in any zone district subject to the provisions of this chapter and the conditions set forth in a development plan which has been reviewed by the Florence Planning Commission and reviewed and approved by the Florence City Council.

(Ord. 3-96 (part), 1996).

The minimum zoning requirements which shall be met by a planned unit development are as follows:

A.

The uses approved in a planned unit development shall be limited to those uses permitted by right or by special use review in the zoning district(s) contained within the development.

B.

The planned unit development shall include an area of not less than three (3) acres.

C.

The density, distribution, and rear yard requirements of the zoning district(s) in which the planned unit development is located may be altered, with the following conditions:

1.

Density. The total number of units within the planned unit development shall not exceed that number which would otherwise be permitted within the development area under the respective zoning district(s) requirements of this title.

2.

Distribution. The distribution of units within the planned unit development, including minimum lot area, front yard, side yard, and rear yard requirements, need not conform to the boundaries of the zoning districts contained therein so long as such distribution can be accomplished in conformance with the planned unit development standards set forth in this chapter.

3.

Rear Yard Requirement. The rear yard requirements of such zoning district(s) shall be met along the boundaries of the planned unit development.

D.

The minimum amount of functional open space (exclusive of parking or streets) shall be twenty-five (25) percent of the total acreage.

E.

The maximum allowable total number of units permitted within the planned unit development under the respective zoning district requirements of this title shall be calculated by:

1.

Multiplying the area of the property within each zoning district by the gross density specifications found in the zoning district; or

2.

Where no such applicable density specifications exist for the zoning district, by dividing the area within the zoning district by the applicable minimum lot area requirements of such zoning district; and

3.

Totaling the number of units in all districts of the planned unit development; and

4.

Rounding down to the nearest whole number of units to be permitted within the planned unit development.

F.

In measuring the area of the property within each zoning district, one-half (½) of the area of adjacent public rights-of-way may be included provided such measured public rights-of-way do not exceed ten (10) percent of the property.

(Ord. 3-96 (part), 1996).

A.

In cases where special use approval is required for a proposed use, review of the planned unit development application under this chapter shall be carried out simultaneously with special use review as provided for at Chapter 17.60 of this code.

B.

As subdivision review and approval will always be necessary, review of planned unit development application under this chapter shall be carried out simultaneously, and under the same application, referral, notice, and public meeting procedural requirements as is provided for preliminary plan review within the City of Florence subdivision regulations. Tentative approval of the planned unit development application by the City Council, subject to modifications through the subdivision review process, shall be obtained prior to application for preliminary plan or final plat. In making their decision, the Commission shall take into consideration among other things the size, complexity, and potential hazards of the proposed development. Final City Council approval of the planned unit development shall occur at the same time as final plat approval of the development.

(Ord. 3-96 (part), 1996).

A.

Application for planned unit development approval shall be filed on forms available through the City of Florence and shall be accompanied by the following:

1.

A site plan displaying significant topographic features, proposed land uses, the basic road and pedestrian access scheme, land survey data, recorded easements/rights-of-way, existing physical features, and external features that may influence the proposal;

2.

A development report including a description of site features, soil and geologic characteristics, adequate evidence of a sufficient water supply and sanitation system, an evaluation of any potential radiation hazards; evaluation of the effect of the development on identified environmental resources and any necessary mitigation measures; needed storm drainage and flood control facilities, fire control, road improvements, available service facilities; remedial measures to counteract any hazard; estimated cost of all required improvements and method of financing, construction schedules, proposed maintenance and performance guarantees, a list of individuals responsible for preparation of the development report, and other factors essential for a complete evaluation of the proposal;

3.

Such other additional relevant information as the City Manager or a designated representative may deem necessary.

B.

The Planning Commission shall review and make recommendations to the City Council on the application for a planned unit development following a public hearing, notice of which shall be given as follows:

1.

A notice of said hearing shall be published (cost of publication shall be paid by applicant) in the official newspaper of the City of Florence at least fifteen (15) days prior to the hearing date. Said notice shall include the time, place, and purpose of said hearing; the address and telephone number where materials relating to the proposal may be reviewed prior to the meeting; the names of the landowner and applicant; the proposed uses; the zoning; and a general location description of the land. Said general location description shall consist of section, township and range, together with a road address or location by road mileage.

2.

The subject property shall be posted in a conspicuous manner at least fifteen (15) days prior to the hearing and shall note the time, place, and purpose of the hearing; the names of the landowner and applicant; the proposed uses; the zoning; and a general location description of the land. Said general location description shall consist of section, township and range, together with a road address or location by road mileage.

3.

A written notice shall be transmitted at least fifteen (15) days prior to the hearing, by first class mail, to adjacent property owners within three hundred (300) feet of the subject property.

C.

At the hearing, the Commission may table the request but shall take action to recommend approval, conditional approval, or disapproval of the planned unit development not later than ninety-five (95) days after the date of the hearing. The Commission may table a proposal to provide the applicant or staff the proper time to review new technical or other information that was made available without reasonable opportunity for review. At the applicant's request, action by the Commission may be delayed for up to ninety-five (95) additional days.

D.

A planned unit development application shall be tentatively approved, conditionally approved, or denied by the City Council within one hundred eighty (180) days of the date the complete application is submitted, unless an extension has been consented to by the applicant and the City Council or their designated appointees.

(Ord. 3-96 (part), 1996).

The planned unit development shall be approved only if the City Council finds that the development meets the following standards and conditions:

A.

Fully complies with the minimum zoning requirements set forth in the City of Florence zoning ordinances (as applicable) and complies with all applicable requirements of the City of Florence subdivision regulations;

B.

Will be in harmony and compatible with the character of the surrounding areas and neighborhood;

C.

Will be in accordance with the City of Florence comprehensive plan;

D.

Will not result in an over-intensive use of land;

E.

Will not require a level of community facilities and services greater than that which is available;

F.

Will not result in undue traffic congestion or traffic hazards;

G.

Will not cause significant air, water, or noise pollution;

H.

Will be adequately landscaped, buffered, and screened;

I.

Will not otherwise be detrimental to the health, safety, or welfare of the present or future inhabitants of the City of Florence and Fremont County;

J.

Shall be under unified development control;

K.

The reasonable preservation of natural and cultural features;

L.

The reasonable preservation and utilization of agricultural lands;

M.

Will not result in any significant negative impacts on the surrounding agricultural land and attendant agricultural uses.

If the PUD is granted, the City Council shall impose such conditions as are necessary to insure compliance with the above standards. These conditions shall be made a part of the subdivision improvements agreement.

(Ord. 3-96 (part), 1996).

No substantial modification, removal, or release of the provisions of the planned unit development shall be permitted by the City Council except upon a finding, following review and a public hearing called, that the modification, removal or release is consistent with the standards and conditions of this title, is consistent with the efficient development and preservation of the entire planned unit development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a road from the planned unit development or the public interest, and is not granted solely to confer a special benefit upon any person.

(Ord. 3-96 (part), 1996).

Variance from the "special development standards" of an established PUD, including maximum lot coverage, minimum lot width property line setbacks, building height, and parking requirements for any single lot, or group of lots within a single contiguous block may be permitted by the City Council following review and a public hearing. At least fifteen (15) days prior to the scheduled hearing, the City Manager shall cause notice of the proposed variance to be published in the official city newspaper, and to be mailed to each property owner within a three hundred (300) feet radius of the subject property, by first class mail. No such variance shall be approved unless the following requirements are satisfied:

A.

That there are unique physical circumstances or conditions, such as the irregular shape, narrowness or shallowness of the lot, or exceptional topographical or other physical conditions peculiar to the affected property;

B.

That the unusual circumstances or conditions do not exist throughout the neighborhood in which the property is located;

C.

That, because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of the "special development standards" of the PUD;

D.

That such unnecessary hardship has not been created by the applicant;

E.

That the variance, if granted, will not alter the essential character of the neighborhood or PUD in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property;

F.

That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provision which is in question.

(Ord. 6-2006 §1(part), 2006).

Reapplications for variances shall not be accepted within one hundred eighty (180) days from the date of final decision of the City Council, if such decision covered the same property or subject matter as that in the prior application. Applications will be accepted after this one hundred eighty (180) day period and will be subject to all requirements of this chapter.

(Ord. 6-2006 §1(part), 2006).