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Garfield County Unincorporated
City Zoning Code

CHAPTER 151

PLANNED UNIT DEVELOPMENT

§ 151.01 PURPOSE.

   The purpose of a planned unit development is to allow for diversification of uses within a single property or development and to permit more flexibility in the use of such sites.
(Ord. 2019-4, passed 4-22-2019)

§ 151.02 CONCEPT.

   Planned unit developments are integrated designs for a combination of uses normally allowed in various zoning districts. In planned unit developments specific regulations are combined, waived, or varied to allow flexibility of design and location, in accordance with requirements specified in this chapter.
(Ord. 2019-4, passed 4-22-2019)

§ 151.03 PLANNED UNIT DEVELOPMENT PERMIT.

   Planned unit developments may be allowed by recommendation of the County Planning Commission and approval of the County Commission in any zoning district. Compliance with the regulations of this chapter in no way excuses the developer from the applicable requirements of the county zoning and subdivision ordinances, except as specifically documented and authorized in the approval process. An applicant shall follow the provisions outlined by the Planning Commission or its representative.
(Ord. 2019-4, passed 4-22-2019)

§ 151.04 REQUIRED CONDITIONS.

   (A)   No planned unit development shall have an area less than that approved by the Planning Commission as adequate for the proposed uses.
   (B)   All planned unit developments shall be approved by the County Commission, and plats meeting the requirements of Chapter 152 shall be recorded in the office of the County Recorder.
   (C)   The development shall be in single or corporate ownership at the time of approval or the subject of an application filed jointly by all owners of the property.
   (D)   The Planning Commission shall require such arrangements of structures and open spaces within the site development plan as necessary to assure that adjacent properties will not be adversely affected.
      (1)   Dwelling unit and land use intensity shall be indicated.
      (2)   Where feasible, lowest height and least intensity of buildings and uses shall be arranged around the boundaries of the development.
      (3)   Lot area, width, yard, height, density, and coverage regulations shall comply with the International Building Code and shall be documented on the site development plan.
      (4)   Residential areas shall comply with Chapters 152 and 156.
   (E)   Preservation, maintenance, and ownership of required open spaces within the development shall be accomplished by:
      (1)   Dedication of the land as a system, public park, or parkway system;
      (2)   Granting to the county a permanent, open space easement on and over the said private open spaces to guarantee that the open spaces remain perpetually in recreational uses, with ownership and maintenance being the responsibility of an owners association established with articles of association and by-laws which are satisfactory to the County Commission; or
      (3)   Complying with the provisions of the Condominium Ownership Act (UCA § 57-8), which provides for the payment of common expenses for the upkeep of the common areas and facilities.
   (F)   Landscaping, fencing, and screening within the site shall be presented to the Planning Commission for recommendation, together with other required plans for the development.
   (G)   The size, location, design, and nature of signs, if any, and intensity and direction of area or flood-lighting shall be detailed in application. Night sky friendly lighting is encouraged.
   (H)   A grading and drainage plan detailing easements, geologic and flood hazards, shall be submitted to the Planning Commission with the application.
   (I)   Prior to final approval, the planned unit development applicant shall furnish and file with the County Clerk a surety bond to assure that the actual construction of proposed public improvements are completed within specified time frames. The form and bond shall be approved by the Planning Commission, County Commission, and the County Attorney. Bonds may include, but are not limited to, insurance, bonds, escrow deposits, irrevocable letters of credit, or other method approved by the county.
(Ord. 2019-4, passed 4-22-2019)

§ 151.05 USES ALLOWED.

   Subject to review and approval of the Planning Commission, uses allowed in a planned unit development shall conform to permitted uses allowed in county zoning districts. For the purposes of this chapter, multiple-family dwellings may be allowed in residential areas of the planned unit development.
(Ord. 2019-4, passed 4-22-2019)

§ 151.06 GENERAL SITE PLAN.

   Applications shall be accompanied by a general site plan showing:
   (A)   The uses, dimensions, sketch elevations, and locations of proposed structures;
   (B)   Dimensions and locations of areas to be reserved and developed for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and other open spaces;
   (C)   Drawings and sketches outlining the general design and character of the proposed uses and the physical relationship of the uses; and
   (D)   Such other pertinent information, including residential density, coverage, and open space characteristics, as necessary.
(Ord. 2019-4, passed 4-22-2019)

§ 151.07 REVIEW BY THE PLANNING COMMISSION.

   (A)   Prior to recommendation of the Planning Commission, the following provisions shall be met, upon request.
   (B)   Proponents of the planned unit development shall:
      (1)   Demonstrate financial ability to carry out the project;
      (2)   Submit an intended phasing schedule and shall start construction within one year of approval;
      (3)   Apply for all necessary permitting and shall proceed with construction in a timely manner in accordance with applicable building codes; and
      (4)   Complete the construction of approved phases within a reasonable time from the date construction begins.
(Ord. 2019-4, passed 4-22-2019)

§ 151.08 SCOPE OF PLANNING COMMISSION ACTION.

   In carrying out the intent of this chapter, the Planning Commission shall consider the following principles.
   (A)   A licensed surveyor shall be used to survey all properties for the planned unit development.
   (B)   The Planning Commission may recommend or disapprove an application for a planned unit development. If recommended, the Planning Commission may attach such conditions as deemed necessary to protect the public interest. The denial by the Planning Commission of an application for a planned unit development may be appealed to the County Commission.
   (C)   The County Commission shall review planned unit developments recommended by the Planning Commission and may approve, deny, or modify to protect the public interest. County Commission decisions will be final.
(Ord. 2019-4, passed 4-22-2019)

§ 151.09 CONSTRUCTION LIMITATIONS.

   (A)   Upon approval of a planned unit development, construction shall proceed only in accordance with the plans and specifications recommended by the Planning Commission and shall conform with any conditions of County Commission approval.
   (B)   Amendments to approved plans and specifications shall be obtained only by following procedures for an initial planned unit development.
   (C)   No permit shall be issued for any proposed building, structure, or use within the planned unit development unless such building, structure, or use is in accordance with the approved development plan and with any conditions imposed in conjunction with its approval.
(Ord. 2019-4, passed 4-22-2019)