Planned Unit Development (PUD) is a subdivision procedure permitting variation of dimensional, permitted uses and parking standards to promote compliance with the County's Land Use Policies. Specific purposes are:

5-1401A.

Promoting flexibility in the type, design and siting of structures to preserve and take advantage of a site's unique natural resources and scenic features and to avoid or mitigate any hazards;

5-1401B.

Encouraging efficient use of land and public streets, utilities and governmental services;

5-1401C.

Preserving open space;

5-1401D.

Achieving a compatible land use relationship with surrounding areas; and

5-1401E.

Promoting multiple land uses and greater variety in the type, design and siting of buildings.

5-1401F.

Preserve and protect wildlife and wildlife habitat areas.

5-1402A.

Mandatory Planned Unit Development (PUD)

Adherence to Planned Unit Development (PUD) standards is mandatory whenever a developer proposes to subdivide land at a density higher than allowed by right in a particular zone district.

5-1402B.

Activities Exempt from Mandatory Planned Unit Development (PUD)

Compliance with Planned Unit Development (PUD) standards is not required for uses and densities allowed by right and for uses allowed by administrative review in a particular zone district.

5-1402C.

Optional Planned Unit Development (PUD)

An applicant may request Planned Unit Development (PUD) review for land subdivisions within any zone district.

Each Planned Unit Development (PUD) shall comply with the following general standards:

5-1403A.

Ownership

Land proposed for Planned Unit Development (PUD) must be in one (1) ownership; however, the owners of contiguous parcels under separate ownership may jointly file an application.

5-1403B.

Compatibility of Land Uses

Area and bulk requirements and permitted land uses may be varied pursuant to the standards within specific zone districts to ensure compatibility among multiple land uses in a Planned Unit Development.

5-1403C.

Area and Bulk Requirements and Variation

Area and bulk requirements may be established or varied pursuant to the standards in Section 5-1404 A.

5-1403D.

Phasing

A Planned Unit Development (PUD) shall ensure:

I.

Each phase is self-sufficient and not dependent upon later phases;

II.

The failure to develop subsequent phases will not have any adverse impacts on the Planned Unit Development (PUD), its surroundings or the community in general; and

III.

Amenities such as open space and recreational areas are provided along with proposed residential or tourist accommodation construction at each development phase.

5-1403E.

Common Open Space and Recreational Facilities

A Planned Unit Development (PUD) must:

I.

Include common open space and recreational facilities for the mutual benefit of residents of the entire tract, including residents of on-site affordable housing;

II.

Preserve and, if possible, enhance unique site features; and

III.

Include provisions for maintenance of common open space and recreational facilities to be described in the improvements agreement (Refer to Section 5-9).

5-1403F.

Maximum Density

A Planned Unit Development (PUD) is not entitled automatically to the maximum density allowed in the zone district in which the land is located. Density shall be established based upon:

I.

Analysis of environmental factors affecting the land;

II.

Availability and adequacy of transportation system and facilities;

III.

Compatibility with surrounding land uses;

IV.

Consideration of adopted County plans affecting the site; and

V.

Consistency with Land Use Policies in Article 2.

5-1403G.

Cultural Resources

A Planned Unit Development (PUD) shall take into consideration:

I.

The presence of cultural resources on the property, including historic, archaeological, and paleontological resources that are of local, state or national significance;

II.

The impact of the PUD on the cultural resources; and

III.

Measures that can be taken to preserve and protect cultural resources located within the PUD or mitigate impacts of the PUD on the cultural resources.

5-1403H.

Procedures and Submission Contents

Refer to Section 3-7 for procedures and Sections 4-3 through 4-5 for submission contents.

This section establishes criteria for varying area and bulk, open space, off-street parking and use standards for a Planned Unit Development (PUD).

5-1404A.

Area and Bulk Requirements

The following area and bulk requirements may be varied to cluster buildings and dwelling units, provided the overall density of the development does not exceed the maximum allowable density permitted and the development remains consistent with the intent of Planned Unit Development (PUD) (refer to Section 5-1401):

I.

Minimum lot area;

II.

Minimum front, side and rear yard setbacks;

III.

Minimum lot width;

IV.

Maximum height of buildings; and

V.

Maximum floor area ratio.

5-1404B.

Common Open Space or Open Space

Common open space or open space standards may be reduced by up to five percent (5%) if:

I.

Such reduction is consistent with the intent of the Planned Unit Development (PUD) procedure (refer to Section 5-1401);

II.

Such reduction is consistent with the San Miguel County Comprehensive Development Plan;

III.

Such reduction is consistent with the purpose and standards of the Scenic Foreground Overlay and Scenic View Plane Districts (refer to Section 5-316);

IV.

The common open space is useable and suitable for scenic, landscaping or recreation purposes; and

V.

A proportionate, undivided interest in all common open space is deeded in perpetuity to the homeowners association within the Planned Unit Development (PUD); which deed shall contain restrictions against future residential, commercial and industrial development.

5-1404C.

Off-street Parking

Off-street parking standards (see Section 5-702) may be increased or decreased based upon consideration of the following criteria:

I.

The estimated number of cars owned by future occupants of dwellings in a Planned Unit Development (PUD);

II.

The parking needs of any non-residential uses;

III.

The varying time periods of use, whenever joint use of common parking is proposed; and

IV.

Available or proposed transportation system.

5-1404D.

Permitted land uses may only be varied pursuant to the listing of uses allowed by PUD procedure and to demonstration of compliance with the review standards for the various land use districts within a PUD.

5-1405A.

Applicability

The County may require an applicant for a Planned Unit Development (PUD) to submit at preliminary subdivision review architectural plans and/or design criteria sufficient to address the intent of Section 5-1405 B.

5-1405B.

Intent

The intent of architectural review is to protect and promote visual character of the County by preventing the development of unsightly or obnoxious structures which:

I.

Are not properly related to their sites or adjacent land uses;

II.

Do not enhance solar resources; or

III.

Involve the indiscriminate clearing of property, excessive grading or the destruction of trees and shrubbery.

5-1405C.

Standards

The Board of County Commissioners may require changes to architectural plans to:

I.

Reduce the adverse visual impacts of buildings, which, because of size, scale, color, location, lighting or materials either are out of harmony with the neighborhood in which they are to be constructed or diminish the natural beauty of mountain slopes or ridgelines;

II.

Minimize disturbances to the natural terrain; and/or

III.

Promote advantageous solar orientation and energy conserving design.

5-1406A.

Applicability

The County may request an applicant for a Planned Unit Development (PUD) to submit landscaping plans at preliminary subdivision review.

5-1406B.

Standards

Landscaping plans shall include:

I.

An ample quantity and variety of ornamental plant and ground cover species that are native or regarded as suitable for the local climate;

II.

Low-water-use plant and ground cover species wherever possible; and

III.

A commitment and appropriate steps to revegetate all cuts and fills.

5-1407A.

Applicability

The County may require a proposed PUD or Substantial PUD Amendment to comply with Land Use Code Section 5-407 XII that may require a Wildlife Impact Assessment.