It is the intent that planned unit developments (P.U.D.) promote the most beneficial and creative development of land within the City of Lafayette. Through the use of P.U.D. regulations, it is intended to permit greater flexibility in the location of buildings, mixtures of land use, open areas and consequently, more imaginative design for development than would be generally possible under conventional zoning or subdivision regulations. These regulations are also intended to promote a high level of landscaping and common area amenities, convenient and safe vehicular circulation, and creative residential, commercial and industrial development consistent with the Lafayette Comprehensive Plan and other approved plans of the city.

(Ord. No. 1993-6, § 17, 3-2-93; Ord. No. 2001-9, § 11, 3-20-01)

(a)

Approval of a P.U.D. shall be required for the development of a mixed use building complex and all residential development, except residential development qualifying as a minor subdivision. As of the effective date of this amendment, any residential development for which only an approved sketch plan exists shall be required to develop as a P.U.D., commencing with the preliminary plan. As of the effective date of this amendment, any residential development for which a preliminary plan or plat has been approved, without a P.U.D., may obtain approval of a final plan or plat without P.U.D. approval.

(b)

A P.U.D. may be permitted in any nonresidential zoning district within the corporate boundaries of the City of Lafayette, subject to review and approval by the planning director, the Lafayette Planning Commission and/or city council, as required by this Chapter 26.

(Ord. No. 1993-6, § 17, 3-2-93; Ord. No. 2000-25, § 4, 9-5-00; Ord. No. 2000-48, § 1, 12-5-00; Ord. No. 2011-33, § 14, 9-20-11; Ord. No. 2017-36, § 1, 9-19-17; Ord. No. 2019-06, § 3, 2-19-19)

Editor's note— Section 5 of Ord. No. 2000-25, adopted Sept. 5, 2000, deleted § 26-18-3, which pertained to where P.U.D.s are permitted, and derived from Ord. No. 1993-6, adopted March 2, 1993.

Approval of a P.U.D. shall be accomplished as follows:

(a)

Approval of a sketch plan, preliminary plan, and final plan, pursuant to the procedures outlined in sections 26-16-4 and 26-16-5. Provided, however, that any property for which a sketch plan has been approved prior to the effective date of this amendment, may accomplish a P.U.D. approval through the approval of a preliminary plan and final plan only; or

(b)

Commercial or industrial projects of less than one hundred thousand (100,000) square feet of floor area, and residential developments of fewer than twenty (20) units, provided that any such project or development is less than or five (5) acres in size may be approved through the procedures defined in section 26-16-6.

(c)

In any designated Lafayette urban renewal area, commercial or industrial projects of less than one hundred thousand (100,000) square feet of floor area, residential developments of fewer than twenty (20) units or lots, and mixed-use building complex projects, provided that and such project or development is less than or five (5) acres in size may, be approved through the procedures defined in section 26-16-6.

(Ord. No. 1993-6, § 17, 3-2-93; Ord. No. 2018-17, § 4, 7-3-18)

(a)

A P.U.D. shall be reviewed against the following criteria and the general criteria of this chapter. Any approval of a P.U.D. shall include findings with respect to all criteria applicable to that P.U.D.

(b)

The following criteria shall apply to all residential P.U.D.s:

(1)

Water and water reclamation. The city shall have a projected capacity to serve fully all subdivided lots with water and water reclamation.

(2)

Other utilities. The city shall receive adequate assurance from all nonmunicipal service providers of adequate, imminent service for all subdivided lots.

(3)

Public safety. The city shall have the capacity to provide an appropriate level of fire and police protection to all subdivided lots.

(4)

Recreation. The city shall ensure sufficient recreational opportunities for all of its current residents and the future residents of the proposed subdivision.

(5)

Economy of service. City services shall be provided in the most efficient manner practicable.

(6)

Schools. The city shall support and encourage the best quality education for Lafayette children.

(7)

Prior agreements. To the extent any prior development and/or annexation agreements do not conflict with the provisions of this ordinance, the city shall consider any prior commitments made in such agreements in reviewing a P.U.D.

(8)

Community housing needs. The city shall promote a variety of housing types, prices, and ownership forms to satisfy the needs of all segments of the community.

(9)

Developer's ability to complete construction of the P.U.D. The city will commit city resources only to developments that are likely to be completed as proposed.

(10)

Build-out rate. In order to manage residential growth in accordance with the city's ability to provide services and to allow a variety of housing developments to be completed, the city shall encourage building to occur subject to an agreed upon time schedule and build-out rate.

(11)

Community amenities. The city shall encourage residential developments that contribute significant amenities to the development itself, and to the community at large.

(12)

Goal fulfillment. The city shall encourage residential developments that fulfill specific Comprehensive Plan or city council goals.

(13)

City's financial ability to serve. The city shall demonstrate that it is financially able to provide general municipal services to all new residential development.

(14)

Transportation. The city shall encourage an efficient and environmentally sound transportation system.

(15)

Environment. The natural environment assets of a property shall be preserved to the extent practicable.

(16)

Cultural. The city values its existing historical and/or cultural facilities, including its library, theatre, etc.

(17)

Strong homeowners associations. The city shall encourage the development of strong homeowners associations to promote a sense of community and to ensure the continued existence of a viable entity responsible for maintenance of open space, open areas and other similar duties.

(18)

Diversity and quality of development. The city shall encourage residential developments that present a diversity of design, a feeling of spaciousness, and an enhanced quality of life.

(c)

The following criteria shall apply to all mixed use building complex P.U.D.s:

(1)

Water and water reclamation. The city shall have a projected capacity to serve fully all subdivided lots with water and water reclamation.

(2)

Other utilities. The city shall receive adequate assurance from all nonmunicipal service providers of adequate, imminent service for all mixed use building complexes.

(3)

Public safety. The city shall have the capacity to provide an appropriate level of fire and police protection to all mixed use building complexes.

(4)

Recreation. The city shall ensure sufficient recreational opportunities for all of its current residents and the future residents of the proposed mixed use building complex.

(5)

Economy of service. City services shall be provided in the most efficient manner practicable.

(6)

Schools. The city shall support and encourage the best quality education for Lafayette children.

(7)

Prior agreements. To the extent any prior development and/or annexation agreements do not conflict with the provisions of this ordinance, the city shall consider any prior commitments made in such agreements in reviewing a mixed use building complex P.U.D.

(8)

Community housing needs. The city shall establish, by resolution, that ratio of residential area to nonresidential area in a mixed use building complex that is appropriate to meet the needs of the community for housing in the areas in which mixed use building complexes are permitted. Further, the city shall promote a variety of housing types, prices and ownership forms to satisfy the needs of all segments of the community.

(9)

Developer's ability to complete construction of the P.U.D. The city will commit city resources only to developments that are likely to be completed as proposed.

(10)

Build-out rate. In order to manage growth in accordance with the city's ability to provide services, the city shall encourage building to occur subject to an agreed upon time schedule and build-out rate.

(11)

Community amenities. The city shall encourage mixed use building complexes that contribute significant amenities to the development itself, and to the community at large.

(12)

Goal fulfillment. The city shall encourage mixed use building complexes that fulfill specific Comprehensive Plan, Urban Renewal Authority, or city council goals.

(13)

City's financial ability to serve. The city shall demonstrate that it is financially able to provide general municipal services to all new development.

(14)

Transportation. The city shall encourage an efficient and environmentally sound transportation system.

(15)

Environment. The natural environmental assets of a property shall be preserved to the extent practicable.

(16)

Cultural. The city shall value its existing historical and/or cultural facilities, including its library, theater, etc.

(17)

Strong owners associations. When a mixed use building complex is proposed to consist of multiple owners, the city shall encourage the development of a strong owners association to promote a sense of community and to ensure the continued existence of a viable entity responsible for maintenance of private open space and other similar duties.

(18)

Design guidelines. The city shall ensure that the development of a mixed use building complex meets any applicable adopted guidelines, including but not limited to the urban renewal architectural review criteria.

(19)

Compatibility. Each mixed use building complex shall be compatible with and respect the context of its location and the character of surrounding existing neighborhoods.

(d)

The following criteria shall apply to all P.U.D.s:

(1)

The city finds the project is unique and/or necessary for the economic development of the city.

(2)

The development is in the best interests of the city.

(3)

The modifications to the code by the P.U.D. are in the best interests of the city and the neighborhood in which the development is occurring.

(4)

The planning commission and city council may apply any of the criteria enumerated in subparagraph (b) above to nonresidential developments, to the extent that such criteria are relevant to the proposed development and may be used to guide the planning commission's and city council's discretion in reviewing a proposed nonresidential P.U.D.

(e)

Upon recommendation of the planning commission, the city council shall adopt, from time to time, by resolution, both mandatory and aspirational standards by which a proposed P.U.D.'s ability to fulfill the criteria set forth in this section shall be measured.

(Ord. No. 1993-6, § 17, 3-2-93; Ord. No. 2000-48, § 2, 12-5-00; Ord. No. 2001-9, § 12, 3-20-01)

A P.U.D. may allow only an approved or special review use permitted within the underlying zone, except that any P.U.D. may allow an office, limited retail space of under four thousand (4,000) square feet, intended primarily to serve the P.U.D. or recreational use associated with the P.U.D.

(Ord. No. 1993-6, § 17, 3-2-93)

(a)

Approval of a P.U.D. shall have the effect of overlaying the existing zoning and thereby adding to and modifying the existing zoning regulations. If there is conflict between the provisions of the underlying zoning district and the P.U.D., the regulation of the underlying zone shall apply unless specifically addressed in the provisions of the approved P.U.D.

(b)

A P.U.D. may modify any of the measurable standards of this chapter, except those specified in this section 26-18.

(c)

When a P.U.D. is approved by the city council, the zoning designation for that lot or tract on the official zoning map shall include the suffix "(PUD)." For example, an approved site for a P.U.D. that is zoned R1 would then have the designation "R1-PUD."

(Ord. No. 1993-6, § 17, 3-2-93; Ord. No. 1998-29, § 26, 8-18-98)

The planning commission may grant an increase in lot coverage upon finding that such increase meets the following criteria:

(a)

The increase meets the intent of a planned unit development as defined in section 26-18-1;

(b)

The increase will not have a significant adverse effect on the surrounding area;

(c)

The increase is not detrimental to the public health, safety and welfare;

(d)

The increase promotes efficient use of land and its resources;

(e)

The increase is not inconsistent with the city's comprehensive plan;

(f)

The project in which the increase is proposed provides creative and innovative design; and

(g)

The property is not located within the Old Town neighborhood overlay district.

An increase in lot coverage shall not be permitted if such increase will be detrimental to the character of the proposed P.U.D. or character of the surrounding area.

(Ord. No. 1993-6, § 17, 3-2-93; Ord. No. 2002-26, § 2, 1-7-03; Ord. No. 2017-30, § 5, 9-5-17)

(a)

It shall be the responsibility of the owner and/or developer to provide an acceptable program for the continuing maintenance of open space, open areas, recreational areas, walkways and private streets within a P.U.D. Such provisions may include any type of organizational structure acceptable to the city which clearly defines the responsibility for continuing maintenance including, but not limited to, the following:

(1)

The landowners within the P.U.D. may provide for and establish a corporation, duly incorporated in accordance with the laws of the State of Colorado for the ownership and/or maintenance of all open space and common open areas, walkways, recreational areas and private streets within the development which corporation shall have as its members all landowners within the P.U.D.; or

(2)

An agreement may be drafted which provides assurances that all such areas will be accessible to all residents of a residential planned unit development and that the areas will be maintained by the existing or future property owners. Any such agreement shall be subject to the approval of the city attorney.

(b)

All agreements for the maintenance of said areas shall provide that if said areas are not properly maintained, the City of Lafayette may file a lien against properties within the P.U.D. to pay for maintenance costs, which lien shall be subject to foreclosure as provided by state statutes.

(Ord. No. 1993-6, § 17, 3-2-93; Ord. No. 2001-9, § 13, 3-20-01)

(a)

Minimum spacing between structures is required to ensure adequate privacy, light, ventilation and fire protection while encouraging more creative and imaginative design.

(b)

No residential building shall be located within fifteen (15) feet of another residential building within the same P.U.D. Notwithstanding the foregoing, the planning commission may grant approval of residential building separation of no less than ten (10) feet when the planning commission finds that the decrease in spacing meets the intent of a planned unit development as defined in section 26-18-1, and will not have a significant adverse effect on the surrounding area.

(Ord. No. 1993-6, § 17, 3-2-93; Ord. No. 2002-26, § 3, 1-7-03; Ord. No. 2015-20, § 1, 7-7-15)

Except as provided in this section, parking in an P.U.D. shall comply with the general requirements of this chapter.

(a)

The planning commission may grant parking reductions of not more than twenty (20) percent in a P.U.D., except for elderly housing where not more than a seventy-percent reduction may be granted; provided, however, no parking reductions shall be granted for developments requiring three (3) or fewer parking spaces. In granting any parking reduction, the planning commission and city council shall consider at least the following factors:

(1)

Probable number of cars owned by occupants of dwellings in the P.U.D. (e.g., elderly housing).

(2)

Parking needs of any nonresidential use.

(3)

Varying time periods of use, whenever joint use of common parking areas is proposed.

(b)

Whenever the number of off-street parking spaces is reduced because of the nature of the occupancy, the P.U.D. approval shall be subject to the condition that the nature of the occupancy will not change.

(Ord. No. 1993-6, § 17, 3-2-93; Ord. No. 2002-26, § 4, 1-7-03; Ord. No. 2016-05, § 6, 3-15-16)

In case of conflict between the provisions of this section 26-18 and other provisions of the Lafayette Municipal Code, the provisions of this section shall control.

(Ord. No. 1993-6, § 17, 3-2-93)

Review and approval of a TDR/PUD pursuant to the "Intergovernmental Agreement for City of Lafayette-Boulder County TDR Comprehensive Development Plan" shall, at a minimum, be subject to the requirements and provisions of sections 26-18-4 and 26-18-5 of this chapter. The planning commission and city council may, in their discretion, apply any other relevant standard found in the Lafayette Code, comprehensive plan, or any other ordinance or resolution to review and approval of a TDR/PUD.

(Ord. No. 1995-21, § 5, 12-5-95)