This overlay district is created to accommodate and require new development of single or mixed usage in a comprehensive, planned design taking maximum advantage of the proposed uses, existing terrain features and available scenic views to maximize the aesthetic and safety features of the development. Uses potentially allowable in a PUD district shall include residential, commercial, retail, office and industrial developments so long as the overall development plan and design details are deemed appropriate to the purposes of this title, of the Leadville comprehensive plan and the purpose and intent of the zoning district(s) involved.

Application for a PUD district shall require rezoning approval, as provided in Chapter 17.92 and submission and approval of a development plan, as specified in this chapter. Applicants may first apply for the rezoning, prior to the submission or approval of a PUD plan, but no building permits shall be issued nor new construction commence, nor new utilities be constructed in a PUD district pursuant to the proposed project until city council has reviewed and approved the proposed PUD plan as specified in this chapter.

(Ord. 99-8 § 1 (part): prior code § 17.09.080)

These PUD regulations are intended to: (a) allow flexibility in the development of medium and large scale sites; (b) permit development in a manner varying from the constraints upon innovative design and creative land use that might otherwise be imposed by traditional zoning districts when narrowly construed; (c) promote the unified and integrated development and use of land at its highest feasible economic and visual values while protecting the natural physical environment of the city; and (d) foster development that arranges various land uses in appropriate relationship to each other, to commonly shared open space and to common facilities.

(Ord. 99-8 § 1 (part): prior code § 17.17.010)

A.

PUD Application. Applicants wishing to create a PUD overlay district shall be required to make application for a PUD rezoning, which rezoning approval shall be mandatory in addition to any other rezoning approvals and permits required herein before a PUD may be constructed. Applications for a PUD rezoning shall be accompanied by an application on an appropriate form provided by the city, payment of the required filing fees and submittal of the required information.

B.

Approval of a PUD Rezoning Application. No PUD rezoning application shall be recommended for approval by the planning commission or be approved by city council unless and until it conforms with the appropriate provisions contained within these PUD regulations and the provisions contained elsewhere within this title.

C.

Building Permit Approvals. No building or other structure shall be erected nor shall a building permit be issued within a PUD or proposed PUD before a PUD rezoning approval and all necessary additional rezoning approvals and permit approvals have been granted by the city, except, however, that temporary uses as provided for in Chapter 17.64 shall be allowed if they meet the requirements and provisions contained therein.

D.

Comprehensive Plan Compliance. All PUD application materials, site design characteristics and other PUD characteristics shall be in compliance with the goals, objectives, policies and other provisions of the Leadville comprehensive plan, as amended.

E.

Relationship of these Regulations to the Underlying Districts. Planned unit developments are rezonings allowable in all underlying zoning districts established within the city, and the issuance of a PUD rezoning approval shall not change the underlying zoning district(s) within which such PUD Overlay district is established.

PUDs may include all uses allowed by right and any conditional uses allowed by the zoning regulations in the district(s) in which the PUD would be located. Approval of a PUD application by city council and the granting of a PUD rezoning approval shall be considered de facto approval of the proposed conditional uses and the applicant shall not be required to apply for or receive a conditional use permit, as specified in Chapter 17.52, when such proposed conditional uses are contained within a PUD proposal for which a rezoning approval has been granted.

F.

Minimum Size for a PUD. The minimum land area of a PUD shall not be less than six acres and a minimum land area of one acre shall be required for any single phase of a PUD. These minimum size requirements shall be calculated on the total land area of the proposed PUD, including all rights-of-way and easements and common areas.

(Ord. 99-8 § 1 (part): prior code § 17.17.020)

Any use that is not specifically prohibited within the underlying zoning district(s) in which a PUD overlay district is to be located (see Table 1, Sections 17.48.010 and 17.48.020) may be an allowed use within a PUD. These uses may include, but need not be limited to:

A.

Single and multifamily residences;

B.

Sale or rental of commercial goods or services;

C.

Recreational facilities and open space;

D.

Offices and general business activities;

E.

Convention and meeting facilities;

F.

Lodging facilities of all types;

G.

Eating and drinking facilities;

H.

Schools, churches and other institutional uses;

I.

Additional commercial and industrial uses;

J.

Mining activities not inconsistent in character, impact or scale with other land use in the PUD.

(Ord. 99-8 § 1 (part): prior code § 17.17.030)

No developer, applicant or other person shall transfer or sell any lot, tract or parcel which is within a proposed PUD overlay district until such PUD rezoning approval has been granted and any other required rezoning approvals and permits have been obtained from city council.

(Ord. 99-8 § 1 (part): prior code § 17.17.040)

This PUD regulation is found and declared to be in full and complete conformity with the Leadville comprehensive plan, as amended.

(Ord. 99-8 § 1 (part): prior code § 17.17.050)

Following recommendation from the planning commission, city council may authorize waivers or modifications of the provisions contained within this PUD overlay district regulation in cases where an applicant clearly demonstrates that on the basis of the conditions peculiar to a site or other circumstances beyond the reasonable control of the applicant, an unnecessary and undue hardship would be placed upon the applicant by the literal enforcement of one or more provisions of these PUD regulations.

Such waivers or modifications shall not be granted if, in the opinion of city council, they would prove detrimental to the public health, safety or welfare or impair or be contrary to the purpose, intent or specific provisions of this title. In granting any waivers or modifications, city council may attach such reasonable conditions and safeguards as it deems necessary to implement the provisions of this title and of the Leadville comprehensive plan, as amended, and to protect the interests of the city.

The conditions of any waiver or modification authorized by city council shall be stated in writing in the minutes of the council along with the justification for granting or denying such waiver or modification. No waiver shall be granted by city council, however, if such waiver would conflict with the statutory provisions of Section 24-67-101 et seq., Colorado Revised Statutes, as amended.

(Ord. 99-8 § 1 (part): prior code § 17.17.060)

The following design standards and specifications shall apply to all PUDs to be proposed, reviewed or approved in the city following the adoption of this regulation, except as otherwise provided for within Section 17.40.070 provisions of this title.

A.

General Design Standards and Specifications.

1.

PUDs shall be designed in such manner that wherever possible they will protect and enhance the environmental assets of the site and the surrounding area. Such assets shall include but need not be limited to vegetation, watercourses, scenic vistas, prominent physical landmarks and features of historic interest where such features are consistent with the purposes of the PUD.

2.

The design and layout of a PUD shall include adequate, safe and convenient arrangements for pedestrian circulation, roadways, driveways, access for the purposes of egress and ingress, off-street parking and loading space, snow storage and related features. Setbacks, lot widths and other such features shall be as otherwise required in this title unless provided for otherwise in the PUD design and approved by city council.

3.

The PUD design shall bear a carefully thought out relationship to the surrounding area in order to avoid adverse affects to the proposed development caused by natural or manmade effects.

4.

Visual screening and buffers of an appropriate height and construction are required to separate incompatible uses and to block from view unattractive features of the man-made and natural environment.

5.

Parking and off-street loading spaces shall be provided in connection with every residential, commercial, recreational, industrial and other use within a PUD concurrent with the completion of the PUD element or phase.

6.

Underground placement of utility lines shall be required at an acceptable depth of burial, except as otherwise allowed for in the design of the PUD and approved by city council.

B.

Density Requirements.

1.

Common Open Space. A minimum of twenty (20) percent of the area within a PUD shall be devoted to useable public open space, which shall be defined as open areas designed and developed for use by the occupants of the proposed development and by other persons for uses including but not limited to recreation, parks, green belts and walkways. The term shall not include private institutional uses nor space devoted to streets, roads, loading areas or land dedicated to the city or other public or quasi-public entities for schools, fire or police facilities or other, related institutional needs.

2.

Residential Density. The overall residential density of a PUD shall be the density allowed in the zoning district(s) in which the PUD is to be located. Residential density shall be calculated by dividing the number of proposed residential units into the land area of the PUD including all property to be used for streets, rights-of-way, parking, and loading facilities and for institutional uses and open space areas associated with nonresidential uses.

3.

Buildings shall not occupy more than forty (40) percent of the land area of that portion of the PUD devoted to uses other than residential and excluding, for purposes of this calculation, land to be used for streets, rights-of-way and parking and open space areas associated with residential uses.

4.

The parking and loading space requirements of a PUD shall be the same as for those required for other uses under the regulations (see Chapter 17.76) contained in this title, except as proposed by the applicant and approved by city council.

(Ord. 99-8 § 1 (part): prior code § 17.17.070)

A.

Public open space and common areas, including those spaces used or to be used as public or private recreational sites, shall be protected by adequate covenants running with the land, or by conveyances or dedications or other appropriate legal instruments acceptable in form and content to city council. Approval of such legal instruments, granted in writing by city council, shall be a prior condition to the issuance of a rezoning approval for a PUD.

B.

Applicants for a PUD rezoning approval shall establish or provide for the establishment of an organization for the ownership and maintenance of the common open space and the construction of improvements, if any, thereon for the benefit of the residents and other city residents. Such organization shall not be dissolved and shall not dispose of the common open space by sale or other means except to an organization conceived and established to own and maintain the common open space for the benefit of the PUD. Thereafter such organization shall not be dissolved or dispose of the common open space without first obtaining written permission to do so from city council.

C.

In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the PUD fail to maintain the common open space, or any portion thereof, in reasonable order and condition or fail to establish or maintain said common open space in accordance with the PUD plan or other application materials, city council shall serve written notice upon such organization or upon the residents, owners and mortgagee(s) of the PUD.

D.

Such written notice shall set forth the manner in which the organization, occupant or developer has failed to maintain the common open space in reasonable condition or failed to comply with the PUD plan or other application materials. The notice shall include a demand that the deficiencies of maintenance or improvements be remedied within three months thereof and shall state the date and place of hearing thereon, which shall be held no less than fifteen (15) days after publication of the hearing notice in a newspaper of general circulation in the city. At such hearing city council may modify the terms of the original notice as to the deficiencies previously described and may grant an extension of time up to an additional six months, within which time the deficiencies shall be corrected before additional enforcement action is taken.

E.

If the deficiencies set forth in the original notice or in the modifications thereto are not corrected in the initial time period or any extensions granted thereto, city council or its appointed agents, in order to preserve the taxable value of the properties contained in the PUD and/or to prevent the public open space from becoming a public nuisance, may enter upon said common open space and maintain it for a period of up to one year or take such other measures as are necessary to bring it into compliance with the PUD plan or other application materials. Such entry, maintenance or improvement shall not vest in the public any right to use the common open space except when the common open space has been voluntarily dedicated to the public by the owner(s) of the PUD or their duly appointed association or by the original applicant.

F.

Before the expiration of the one year period, city council shall, at its own initiative or upon the written request of the organization and/or person(s) responsible for the maintenance of the common open space, call a public hearing with fifteen (15) days or more written notice in a publication of general circulation in the city and fifteen (15) days or more written notification to the residents, occupants, owner(s) and mortgagee(s) of the PUD.

At this public hearing held by city council, such organization and/or the owners and/or occupants of the PUD shall show cause why such maintenance by the city shall not, at the discretion of the city, continue for an additional year. If city council determines that the organization, residents or owner(s) are ready and able to maintain the common open space in reasonable condition, city council shall cease to maintain the open space at the end of the first year. If city council determines that the organization, residents or owners(s) are not ready and able to maintain the common open space in reasonable condition, the council may, at its discretion, continue to maintain the common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

G.

The cost of such maintenance required in subsections E and F of this section or improvements to the city, including interest at one percent per month and collection fees, shall be assessed on a pro rata basis depending on the previous year's assessed evaluation against the properties within the PUD that have a right of enjoyment of the common open space and shall become a tax lien on the properties. City council, at the time of entering on the common open space for the purpose of maintenance or improvements, shall file a notice of such lien in the office of the county clerk and recorder upon the properties affected by the lien and the lien shall be discharged by the city upon payment, in the manner provided by law for the collection, enforcement and remittance of general property taxes.

H.

If any provision of this section is found to be in conflict with the provisions and language of Section 24-67-105(6)(c)and(d), Colorado Revised Statutes, as amended, then the specific provision contained within the Colorado Revised Statues shall apply.

(Ord. 99-8 § 1 (part): prior code § 17.17.080)

Applications for a PUD overlay rezoning approval shall include, in addition to a completed application form and the appropriate application fees, the items listed below. The planning commission may, upon written request by an applicant, waive any but not all of these items. The planning commission may add submission items it deems necessary to evaluate and recommend upon any application for a PUD rezoning approval. In so deciding to waive or to add submission items, a majority of the planning commission must concur and the outcome of the vote and the reason(s) for waiving or adding submission items and the submission items waived or added must be entered into the minutes of the planning commission meeting.

The following development plan submittal requirements shall be required of applicants:

A.

The name(s) and address(es) of the property owner(s) and of the applicant(s), if other than the owner(s), and the person(s) preparing the submittal material;

B.

In the case of a corporate property owner or corporate applicant, evidence of incorporation in the state of Colorado or authority to transact business in Colorado;

C.

The owners of property included within the proposed area to be encompassed within the PUD overlay district, as shown in the records of the office of the Lake County assessor, and a list of all mortgages, judgments, liens, easements, contracts and agreements of record which shall affect the property within the proposed subdivision;

D.

The name or identifying title of the proposed development;

E.

The date of preparation of the development plan, a north arrow, a written and a graphic scale;

F.

An accurate legal description of the property included within the proposed PUD and the total acreage of the proposed PUD;

G.

The zoning, present land uses and location of structures, including all improvements, located within the proposed PUD and within two hundred (200) feet of its proposed boundaries;

H.

The proposed residential density, expressed in dwelling units per gross acre, within the PUD and the density, expressed as the ratio of floor area to land area and also as total square feet of building area, of all non-residential development within the PUD;

I.

The location, width, surfacing and other relevant features of all existing and proposed streets, roads, easements and other rights-of-way, including alleys and service roads, to be used within and for access to and from the proposed PUD;

J.

The location, dimensions and size of all proposed off-street parking and loading facilities with acceptable snow storage or removal plans for these facilities;

K.

A description of the location and characteristics of all land to be dedicated or reserved for parks, parkways, recreational areas and common open space with evidence that the land to be set aside for common open space meets or exceeds the common open space provisions within Section 17.40.080;

L.

Copies of all agreements, provisions, covenants and related legal instruments to be used to govern the use, maintenance, improvement and continued protection of all public lands within the PUD, including but not necessarily limited to common open space;

M.

Plans for grading, drainage and landscaping, showing existing and proposed grading, drainage and landscaping at a scale and level of detail acceptable to the planning commission, except that the scale shall not be less than one inch to fifty (50) feet except as allowed by majority vote of the planning commission;

N.

The location, height and dimensions of each proposed structure within the PUD, with building footprint sites on the plan, drawn to scale;

O.

A description of how the structures within the proposed PUD would be provided with potable water supply and sewage collection, with statements from the providing authorities that such water supply and sewage treatment services are available;

P.

A description of any additional public improvements to be included within the proposed PUD along with adequate provision for the dedication of any and all public rights-of-way and an assurance that all rights-of-way will be constructed to the standards of the city;

Q.

An analysis of the soils types on the site, their characteristics and their development limitations, if any, along with a delineation of all areas with a slope of more than twenty (20) percent and all known or suspected hazard areas, natural and manmade, within and adjacent to the site;

R.

Drawings to scale of all proposed signs not in compliance with the sign code provisions of the city;

S.

A statement signed by the landowner(s) whose property is included within the proposed PUD giving written consent for the development and the names and addresses of all adjoining landowners, as shown in the records of the office of the Lake County assessor;

T.

Applicants for a rezoning approval for a PUD shall be required to provide suitable collateral to ensure completion of the construction of the proposed public improvements, with such collateral to be placed in an escrow account or similar instrument with a mutually acceptable schedule for periodic release of the collateral as portions of the development are completed as planned and to specifications;

U.

Site plans shall be filed with the planning official within five working days of their approval by city council. All site plans and other map materials submitted by an applicant shall contain signature approval blocks for the planning commission and city council and other such officials as the city may designate. Any proposed changes from a previously approved site plan shall be resubmitted to the planning commission for review and recommendation and to city council for final action prior to the start of construction.

Compliance with the provisions contained herein does not exempt an applicant from compliance with the provisions of Title 38, Article 33 of the Colorado Revised Statutes, as amended.

(Ord. 99-8 § 1 (part): prior code § 17.17.090)

Applications for a PUD rezoning approval shall be accompanied by an application form provided by the city, by the appropriate submittal materials and by the necessary filing fees.

The procedures for reviewing and acting on a proposed PUD overlay zoning district shall be the same as for any other proposed rezoning, as established in Chapter 17.92, except as otherwise specified in this chapter.

(Ord. 99-8 § 1 (part): prior code § 17.17.100)

A.

Rezoning approvals for development of a PUD shall be issued only on the basis of approved plans and plats. Any change in an approved plan or plat shall be submitted to the planning official, reviewed by the planning commission, and forwarded to city council for their action.

B.

No substantial modification, amendment, removal or release of the approved design and provisions of the PUD shall be approved by city council except upon a finding by the council, following a public hearing (held in compliance with the notification, publication and posting requirements contained in Chapter 17.52), that the modification, amendment, removal or release is consistent with the efficient development and preservation of the PUD, that it does not adversely affect either the PUD as it currently exists or neighboring residents and that it is consistent with the purpose, intent and various provisions of this title.

C.

Minor changes in the location, size, siting, height or other characteristics of a structure may be authorized by the planning commission, upon recommendation of the building official; provided, that such changes do not significantly alter the approved PUD application and do not otherwise conflict with any other provisions of this title.

(Ord. 99-8 § 1 (part): prior code § 17.17.110)

A.

When proposed new construction or a new use of the land was the basis for the approval of a PUD overlay district rezoning approval, city council shall declare such PUD rezoning approval to be revoked and invalid if building approvals have not been applied for and granted for a substantial part of the new construction, defined operationally as fifty (50) percent of the approved development, within three years of the date the PUD rezoning approval was granted unless the approved plans included phasing provisions with a time period greater than three years.

B.

The building approval(s) shall not be issued by the building official unless and until that official finds that the new construction or new use is substantially in accord with the descriptive material, drawings and other materials approved by city council.

C.

Following a recommendation by the planning commission, city council may not grant more than one extension of up to one year duration before the required revocation of a PUD rezoning approval for nonperformance. Application for such extension must be made in writing to city council prior to the expiration of the initial time period.

D.

Failure to conform to a development plan submitted as part of a PUD rezoning approval application shall also be considered adequate reason for revocation of a PUD rezoning approval, but such revocation shall not occur except upon recommendation by the planning commission and following a hearing before city council in accordance with the procedures contained in Section 17.52.050. At least once every twenty-four (24) months, or upon its own initiative or on request of the building official, the planning commission shall review all approvals issued for an approved PUD and examine the construction that has taken place. If the rate of construction or the characteristics of the construction are significantly out of compliance with the approved PUD application materials, a report on the matter shall be forwarded by the planning commission to city council with a recommendation to hold a public hearing, as specified above, to consider the revocation of the PUD rezoning approval or to take such other corrective or remedial action as appropriate.

(Ord. 99-8 § 1 (part): prior code § 17.17.120)