In accordance with Section 31-23-101, et seq., C.R.S., and Section 24-67-101, et seq., C.R.S., and in order that the public health, safety, morals, integrity and general welfare may be furthered in an era of increasing urbanization and growing demand for site development of all types and design, this Article is designed to implement the following purposes:

(1)

Provide for necessary commercial, recreational and educational facilities conveniently located to housing of varying type and density.

(2)

Provide for well-located, clean and safe commercial and industrial sites that integrate well-planned parking and access, pedestrian walkways, landscaped open areas and harmonious relationships between structures.

(3)

Provide an alternative to the application of traditional zoning standards as a means of encouraging innovative or alternative forms of site development.

(4)

Encourage innovations in residential, commercial and industrial 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 the buildings.

(5)

Encourage a more efficient use of land and of public services, and reflect changes in the technology of land development so that resulting economies may endure to the benefit of those who need homes.

(6)

Lessen the burden of traffic on streets and highways through encouraging alternative forms of transportation and transit.

(7)

Encourage the building of new neighborhoods incorporating the best features of modern design as well as traditional neighborhood design (TND) and transit-oriented development (TOO) principles.

(8)

Conserve the economic and environmental value of the land.

(9)

Provide a procedure which can relate the type, design and layout of residential, commercial and industrial development to the particular site, thereby encouraging the preservation of the site's natural characteristics.

(10)

Encourage integrated planning in order to achieve the purposes designated in this Section.

(Ord. 789 §18-396, 2006)

(a)

Application for a planned unit development may be made for land located in any zoning district.

(b)

The district standards as stated in Article 5 of this Chapter shall not apply to planned unit developments. In specific cases, the off-street parking requirements stated in Article 19 of this Chapter may be reduced. These requirements shall be controlled by the criteria and standards of this Article and as shown on the approved planned development plan.

(c)

A zoning change is not required; however, the area included in each approved planned unit development shall be indicated on the official zoning map.

(d)

It is the intent of this Article that any property may be developed as a planned unit development (PUD). Within a PUD, any use or combination of uses and densities will be permitted subject to: 1) the standards described in Chapter 13, Article 4, Division 3 of this Code; and 2) the approval of the City Council.

(Ord. 789 §18-397, 2006)

The following provisions apply to all planned unit developments:

(1)

The number of off-street parking spaces in each PUD must not be less than the requirements as stated in Article 19 of this Chapter, except that the City Council may increase or decrease the required number of off-street parking spaces in consideration of the following factors:

a.

Probable number of cars owned by occupants of dwellings in the PUD.

b.

Parking needs of any commercial or industrial uses.

c.

Varying time periods of use and whatever joint use of common parking areas is proposed.

Whenever the number of off-street parking spaces is reduced because of the nature of the occupancy, the City Council shall attain assurance that the nature of the occupancy will not change.

(2)

The minimum lot area size, setback and lot coverage requirements, as stated in Article 5 of this Chapter, applies to the PUD, except that the City Council may reduce the requirements up to twenty-five percent (25%) if common and/or dedicated open space exceeds the public sites and dedication requirements of Chapter 13 of this Code or if exceptional amenities and/or other improvements warrant an increase in density and the reduction would not be detrimental to the character of the PUD or surrounding area.

(3)

The maximum requirement for building height applies to the PUD, except that the City Council may allow an increase in building height if common and/or dedicated open space exceeds the public sites and dedication requirements of Chapter 13 of this Code or if exceptional amenities and/or other improvements warrant an increase in building height and the increase would not be detrimental to the character of the PUD or surrounding area.

(4)

The City Council must be satisfied that the final development plan has met with each of the following criteria or can demonstrate that one (1) or more of them is not applicable and that a practicable solution consistent with public interest has been achieved for each of these elements:

a.

An appropriate relationship to the surrounding area.

b.

Circulation in terms of the internal street circulation system designed for the type of traffic generated, safety, separation from living areas, convenience, access and noise and exhaust control. Proper circulation in parking areas in terms of safety, convenience, separation and screening.

c.

Consideration for low- and moderate-income housing.

d.

Functional open space in terms of optimum preservation of natural features including trees and drainage areas, recreation, views, density relief and convenience of function.

e.

Variety in terms of housing types, densities, facilities and open space.

f.

Privacy in terms of needs of individuals, families and neighbors.

g.

Pedestrian and bicycle traffic in terms of safety, separation, convenience, access points of destination and attractiveness.

h.

Building types in terms of appropriateness to density, site relationship and bulk.

i.

Building design in terms of orientation, spacing, materials, color and texture, storage, signs and lighting.

j.

Landscaping of total site in terms of purpose such as screening, ornamental types used and materials used, if any, maintenance, suitability and effect on the neighborhood.

(5)

It is the intent of this Chapter that subdivision review under Chapter 13 of this Code is carried out simultaneously with the review of a PUD under this Article.

(6)

The requirements of both this Article and those of Chapter 13 of this Code apply to all PUDs. All actions of the City Council pertaining to PUDs shall be based upon a recommendation by the Planning and Zoning Commission.

(Ord. 789 §18-398, 2006)

A preapplication conference shall be held with the City Manager in order for the applicant to become acquainted with the PUD procedures and related City requirements and to obtain copies of any guidelines or ordinance interpretations.

(Ord. 789 §18-399, 2006)

(a)

An applicant shall make application for the approval of the PUD to the Planning and Zoning Commission. The applicant shall accompany his or her application with a preliminary development plan as specified in this Article.

(b)

The preliminary development plan must include both a preliminary development plan map and a written statement.

(c)

The preliminary development plan map must contain the following information:

(1)

The existing topographic character of the land at a contour interval of two (2) feet. Spot elevations may be required if land is too flat for contours.

(2)

Proposed land uses and their respective acreage.

(3)

The type and character of proposed development and, if applicable, the proposed number of dwelling units per gross residential acre.

(4)

The location of proposed streets.

(5)

The location and size of proposed public and semipublic uses, both dedicated and other.

(6)

The one hundred-year floodplain and floodway, if applicable.

(7)

The location of existing utility facilities and recorded easements.

(d)

The written statement to accompany the preliminary development plan map must contain the following information:

(1)

An explanation of the character of the PUD and the manner in which it has been planned to take advantage of the PUD regulations.

(2)

A statement of the present ownership and legal description of all the land included within the PUD.

(3)

A general indication of the expected schedule and phasing of development.

(e)

The applicant may submit any other information or exhibits he or she deems pertinent in evaluation of the proposed PUD. The Planning and Zoning Commission may request additional information which it deems necessary for adequate review and evaluation.

(f)

Accompanying the application will be a nonrefundable filing fee in the amount designated by the fee schedule. The fee satisfies the requirements of Chapter 13 of this Code.

(Ord. 789 §18-400, 2006)

(a)

The Planning and Zoning Commission shall recommend either approval, approval with modifications and conditions or disapproval of the application to the City Council within sixty (60) days of receipt of the application, unless a longer time is necessary for consideration of the application for reasons specifically stated by the Planning and Zoning Commission.

(b)

The recommendation of the Planning and Zoning Commission shall be transmitted to the City Council and to the applicant.

(c)

The City Council shall hold a public hearing on all PUD applications after receiving the written report of recommendations from the Planning and Zoning Commission.

(d)

Public notice shall be given in accordance with Section 12-3-320 of this Chapter.

(e)

The City Council shall approve, approve with modifications or disapprove the application within thirty (30) days of the public hearing. The decision of the City Council shall be transmitted to the Planning and Zoning Commission and to the applicant.

(f)

Approval of the preliminary development plan shall be valid for one (1) year.

(g)

A one-year extension of approval time may be applied for in writing to the Planning and Zoning Commission.

(h)

All or any portion of an approved preliminary development plan may be submitted for final development plan purposes.

(i)

In the case of partial submission, the approval of the remaining portion of the preliminary development plan shall automatically gain an

extension of one (1) year before another phase of the plan must be submitted in final form.

(Ord. 789 §18-401, 2006; Ord. 811 §1, 2009)

(a)

The final development plan, which may reflect the entire preliminary development plan or any logical part thereof, must be submitted within one (1) year following approval of the preliminary development plan unless written request is made for an extension of one (1) year and approved by the Planning and Zoning Commission.

(b)

Copies of any special agreements, conveyances, restrictions or covenants which will govern the use, maintenance and continued protection of the PUD and any of its common park areas must accompany the final development plan.

(c)

The applicant may submit any other information or exhibits he or she deems pertinent in evaluating his or her proposed PUD. The Planning and Zoning Commission may request additional information it deems necessary for adequate review and evaluation.

(Ord. 789 §18-402, 2006)

(a)

The final development plan shall be prepared at a scale of not less than one (1) inch equals one hundred (100) feet, and shall be submitted with sufficient detail to evaluate the building design and other features of the PUD.

(b)

In addition, the final development plan will conform in all respects to the contents, supplementary information and procedure requirements of Chapter 13, Article 4, Division 3 and Chapter 13, Article 5 of this Code. In such cases where this Chapter conflicts with Chapter 13 of this Code, the provisions of this Chapter shall apply.

(c)

The final development plan must contain at a minimum, insofar as applicable, the following information in graphic or written form:

(1)

The existing topographic character of the land at a contour interval of two (2) feet. Spot elevations may be required if land is too flat for contours.

(2)

The proposed land uses and their respective acreage.

(3)

The location and size of all proposed buildings, structures, utilities and other improvements.

(4)

The maximum height of all buildings may be stipulated as a general note; however, where significant views may be obscured by building heights, the maximum height of individual structures shall be indicated.

(5)

The density and type of dwellings, if applicable.

(6)

The location, number of lanes, median width, curb cuts, access control and proposed turning movement restrictions or arterial streets.

(7)

The location of collector and local streets.

(8)

The off-street parking and loading areas.

(9)

The location, height and size of proposed signs, lighting and advertising devices.

(10)

The areas to be dedicated to the City or reserved as common park areas.

(11)

The one hundred-year floodplain and floodway, if applicable.

(12)

A general landscape plan at the time of submission, to be followed by a detailed landscaping plan once the plan has been approved showing the spacing, sizes and specific types of landscaping material.

(13)

The location of existing utility facilities and recorded easements.

(Ord. 789 §18-403, 2006)

(a)

The Planning and Zoning Commission shall review the final development plan to determine conformity with the preliminary development plan as approved by the City Council. If the final plan is in conformity, it shall be certified by the Planning and Zoning Commission and forwarded on to the City Council for final approval and certification.

(b)

The final development plan shall be recorded following approval and certification as if it were a final subdivision plat.

(Ord. 789 §18-404, 2006)

(a)

The appropriate official shall issue site permits and building permits for buildings and structures in the area covered by an approved final development plan if the time limit established by the tentative development schedule has not passed, the plan has been recorded and the buildings and structures are in conformity with the approved final development plan and with all other applicable ordinances and regulations.

(b)

The appropriate official shall issue a certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan if the completed building or structure conforms to the requirements of the approved final development plan and all other applicable ordinances and regulations.

(c)

If the time limit established by the development schedule has passed, no building permits or certificates of occupancy shall be issued until the Planning and Zoning Commission has reviewed the development plan and a new development schedule has been established.

(Ord. 789 §18-405, 2006)

(a)

From time to time, the Planning and Zoning Commission shall compare the actual development accomplished in the various PUDs with the approved development schedules.

(b)

If the owner of property in the PUDs has failed to meet the approved development schedule, the City may revoke the final development plan.

(c)

For good cause shown by the property owner, the Planning and Zoning Commission may extend the limits of the development schedule.

(Ord. 789 §18-406, 2006)

No changes may be made to the approved final development plan during the construction of the PUD, except upon application to the appropriate agency under the procedures provided below:

(1)

Minor changes in the location, siting and height of buildings and structures and other minor changes may be authorized by the Planning and Zoning Commission, if required by engineering or other circumstances not foreseen at the time the final plan was approved.

(2)

No change authorized by this Section may increase the overall outside dimensions of any building or structure by more than ten percent (10%).

(3)

All changes in use, density or in the outline development plan must be approved by the City Council under the procedures authorized by this Chapter for the amendment of the zoning map.

(4)

All other changes in the arrangement of lots, blocks and buildings, any changes in the provision of common open spaces and all other changes in the approved final development plan must be approved by the City Council under the procedures authorized for final plan approval, unless they are shown to be required by changes in the development policy of the community, or by conditions that were unforeseen at the time of approval of the final development plan.

(5)

Any changes which are approved for the final development plan must be recorded as amendments to the recorded copy of the final development plan.

(Ord. 789 §18-407, 2006)

After the certificate of completion has been issued, the use of the land and the construction, modification or alteration of any buildings or structures within the PUD will be governed by the approved final development plan rather than by any other provisions of this Chapter.

(Ord. 789 §18-408, 2006)

After completion of the PUD, no changes may be made to the approved final development plan, except upon application to the appropriate agency under the procedures provided below:

(1)

Any extension, alteration or modification of existing buildings or structures may be authorized by the Planning and Zoning Commission if they are consistent with the purposes and intent of the final plan.

(2)

No change authorized by this Section may increase the dimensions of any building or structure by more than ten percent (10%).

(3)

Any uses not authorized by the approved final development plan, but permitted in the PUD as a use by right under the provisions of this Chapter or as a use permitted by a special review in the zone in which the PUD is located, may be added to the final development plan under the special review use procedures.

(4)

A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan, unless an amendment to the final development plan is approved in accordance with this Article.

(5)

Changes in the use of common open space may be authorized only by an amendment to the final development plan in accordance with this Article.

(6)

All other changes in the final development plan must be made by the City Council under the procedures authorized by this Chapter for the amendment of the zoning map.

(7)

No changes may be made in the final development plan unless they are required for the continued successful functioning of the PUD or unless they are required by changes in conditions that have occurred since the final development plan was approved or by changes in the development policy of the City.

(8)

No changes in the final development plan which are approved under this Article are to be considered as a waiver of the covenants limiting the use of land, buildings, structures and improvements within the area of the PUD, and all rights to enforce these covenants against any changes permitted in this Section are expressly reserved.

(Ord. 789 §18-409, 2006)