A form of development usually characterized by a unified site design for a clustering of buildings providing common open space, density increases, and a mix of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development rather than on an individual lot by lot basis.

The purpose of these provisions is to encourage flexibility, innovation and variety in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the adequate and economic provision of streets, utilities, and services; to achieve beneficial land use relationships with the surrounding area; to preserve the unique, natural and scenic features of the landscape; and to preserve open space as development occurs.

A fee set by City Council shall be paid at the time of application. No further processing of the PUD will take place until this fee has been paid. If the actual cost of processing exceeds the amount set by City Council, the excess amount shall be billed to the person requesting the PUD as soon as it can be accurately determined, and if said bill is not paid within sixty (60) days thereafter, further processing of the PUD shall cease until such bill is paid. A fee schedule may be found in the Public Works Department.

A Planned Unit Development shall be processed in three (3) stages: conceptual review, preliminary plan, and final plan. Each stage shall be processed through the authorities in the order indicated in the following table:

604.1. Conceptual Review: This stage of processing is designed to allow exchange of information between the proposed developer and the City Staff. Each applicant shall confer with the Director of Public Works and other department or division heads involved in connection with the preparation of the Planned Unit Development application. The general outlines of the proposal, evidenced schematically by sketch plans, shall be considered before submission of the Planned Unit Development application. Thereafter, the Public Works Department shall furnish the applicant with written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the Planned Unit Development application.

604.2. Preliminary Plan:

A.

[Submittal:] Upon completion of the conceptual review meeting and after the recommendations from the Public Works Department have been made, application may be filed for a Planned Unit Development on a preliminary basis. Materials pertaining to the preliminary plan must all be submitted to the Public Works Department at least three (3) weeks prior to the meeting of the Planning Commission at which the preliminary plan will be considered. After the Public Works Department has received the preliminary plan application in the form required herein along with the application fee, the matter will be placed on the agenda for the appropriate meeting of the Planning Commission.

B.

Written Documents: The application for the preliminary plan shall be in accordance with and include the following written documents:

1.

A legal description of the site proposed for development which shall separately describe present and proposed ownership.

2.

Present and proposed zoning districts.

3.

A statement of the planning objectives to be achieved by the planned unit development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant, including the specific advantages the Planned Unit Development offers as opposed to a conventional subdivision.

4.

A development schedule indicating the approximate date when construction of the Planned Unit Development or stages of the same can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas.

5.

A statement of the applicant's intentions with regard to future ownership of all or portions of the Planned Unit Development.

6.

Site data, including the following:

a.

Total number and type of dwelling units showing number of rooms and bedrooms for each when applicable.

b.

Parcel size.

c.

Proposed coverage of buildings and structures for the purpose of calculating storm drainage runoffs and storm drainage retention requirements. Such calculations shall also be submitted by the applicant and shall have previously been submitted to the Director of Public Works or designee for consideration.

d.

Gross and net residential densities.

e.

For commercial Planned Unit Developments, estimated total floor area and estimated ratio of floor area to lot size.

f.

Total area of open space.

g.

Total area of open space which is suitable for active recreation.

h.

Total area and description of nonresidential construction.

i.

Off-street parking.

7.

Physiographic data to include a description of:

a.

Soils existing on the site accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping.

b.

A map showing all permanent and temporary streams and a sketch showing the one-hundred-year floodplain for each.

c.

A description of the groundwater hydrologic conditions of the site with analysis of water table fluctuation and a statement of site suitability for the intended construction and proposed landscaping.

C.

Site Plan and Supporting Maps: A site plan and such additional maps as necessary shall be submitted showing the major details of the proposed Planned Unit Development at a scale of not greater than 1″ equals fifty feet (50′) and containing the following minimum information:

1.

The existing site conditions including contours at two-foot intervals; all water courses; floodplains; unique natural features and vegetative cover, including all trees and shrubs, by size and species.

2.

Proposed lot lines and plat designs.

3.

The tentative location and floor area of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, density per type and nonresidential structures, including commercial facilities.

4.

Preliminary architectural elevations (prospectives) sufficient to relay the basic architectural intent of the proposed improvements.

5.

The location and size in acres or square feet of all areas to be conveyed, dedicated, reserved or otherwise used as common open space, public park, recreational areas, school sites and similar public and semi-public uses.

6.

The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading zones and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate. Rights-of-way and paved surfaces for each street shall be shown in accordance with the minimum design standards outlined in this Chapter.

7.

The existing and proposed pedestrian circulation system, including interrelationships with the vehicular circulation system, indicating proposed treatment of points of conflict.

8.

The existing and proposed utility systems, including sanitary sewers, storm sewers, water, electric, gas and telephone lines, fire hydrants and trash collection areas.

9.

A general landscaping plan indicating the treatment of materials used for private and common open spaces, including all existing vegetation with identification of all trees by size and species; and specific proposals to protect and preserve existing trees during and after construction. The details of size and species for intended plantings of vegetation will be required at the final plan phase.

10.

A vicinity map of the area surrounding the site within a distance of at least one (1) mile (at a scale of 8″ equals 1 mile) showing at least the following:

a.

Zoning classifications;

b.

Traffic circulation systems; and

c.

Major public facilities (schools, parks, etc.)

11.

The site plan shall include, at the same scale, the area surrounding the site within one hundred fifty feet (150′) and shall show for such area at least the following:

a.

Land uses and location of principal structures and major existing landscaping features;

b.

Traffic circulation systems;

c.

Densities of residential uses;

d.

Natural features of landscape; and

e.

General topographic mapping at two (2) street intervals.

The site plan shall further indicate the proposed treatment of the perimeter of the planned unit development, including materials and techniques used, such as screens, fences, walls and other landscaping.

12.

Street cross-section schematics shall be submitted for each general category of street to be included within the proposed development (one (1) for local, sub-collector, collector streets) to include proposed width, treatment of curbs and gutters, sidewalk systems and bikeway systems. Street designs must be consistent with the minimum street standards contained in this Chapter.

13.

Any additional information as required by the review authority necessary to evaluate the character and impacts, both fiscal and environmental, of the proposed Planned Unit Development.

D.

Project Phasing: All information and data required at the preliminary plan phase must include the entire development site. Applications for a final Planned Unit Development may be made for any portion of the overall approved preliminary plan. Phased projects shall include a proportional amount of the proposed recreational and open space amenities for the entire site, such that the project as it is built will comply with the overall density and design standards of this Section at all times.

E.

Review and Approval: The preliminary plans shall be reviewed by the Planning Commission which shall make recommendations to City Council either approving, approving conditionally or rejecting the plan. The matter shall then be scheduled on the agenda for City Council which shall take final action on the preliminary plan.

F.

Time Limit for Action Upon a Preliminary Plan: Within a maximum of twelve (12) months following the approval of a preliminary plan, the applicant shall proceed by filing with the Public Works Department a final plan in detailed form covering all or a part of the Planned Unit Development. Upon application and for good cause, the Planning Commission may extend the period for filing a final development plan for successive six-month periods. If no final plan or request for extension is filed within an extended six (6) month period, the right to proceed under the preliminary plan shall expire.

604.3. Final Plan:

A.

Submittal: After approval by the City Council of a preliminary plan, application may be made for approval of a final plan. Application for a final plan shall be in substantial compliance with the requirements of the approved preliminary plan, provided that the final plan does not violate any provision of the Zoning Ordinance and does not:

1.

Involve a reduction of more than five percent (5%) of the area reserved for common open space and/or usable open space;

2.

Increase the floor area proposed for nonresidential use by more than five percent (5%);

3.

Increase residential densities by more than five percent (5%); or

4.

Increase the total ground area covered by buildings by more than five percent (5%).

B.

[Revisions:] If the final plan is not in substantial compliance with the approved preliminary plan, the revisions shall require the same review and public hearing process required for approval of preliminary plans.

C.

[Contents:] The following information and materials shall be required for approval of a final plan:

1.

Final site plan: The final site plan shall provide sufficient detail to facilitate recording, engineering and ease of building permit administration. The final site plan shall, where possible, locate the exact position of proposed buildings and structures. If this is not possible, a building envelope or range of possible locations shall be shown. If building envelopes are used, design specifics shall be coordinated with the Director of Public Works or designee, and such specifics shall be shown on the final site plan when determined. The final site plan and subdivision plat shall be submitted on twenty-four by thirty-six inch sheets at a scale of not greater than one (1) inch equals fifty (50) feet, and shall contain the following information:

a.

Lot lines.

b.

The location and floor area size of all existing proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, density per type and non-residential structures, including commercial facilities. All buildings shall be dimensioned with distances shown from clear reference points.

c.

The location and size in acres or square feet of all areas to be conveyed, dedicated, reserved or used as common open spaces, public parks, recreational areas, school sites and similar public and semi-public uses.

d.

The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading zones and major points of access to public rights-of-way. Notations of ownership, public or private, shall be included where appropriate. Rights-of-ways and paved widths for each street shall be shown in accordance with the minimum design standards of this Ordinance.

2.

Final landscape plan: A landscape plan shall be filed indicating a well-designed treatment of exterior spaces which measurably improve the overall quality of the project. The design objective of the plan must be clear and supported by written statement.

The plan must provide an ample quantity and variety of ornamental plant species which are regarded as suitable for this climate. Landscape treatment must be balanced with plant material with sufficient use of upright species for vertical control. Plant material selections will be reviewed for adaptability to physical conditions indicated by site plan locations. The landscape plan shall include the following:

a.

Extent and location of all plant materials and other landscape features. Plant material must be identified by direct labeling on the plan or by a clearly understandable legend.

b.

Flower and shrub bed definition must be clear and drawn to scale with dimensions.

c.

Proposed plant material should be indicated at mature sizes and in appropriate relation to scale.

d.

Species and size of existing plant material.

e.

Proposed treatment of all ground surfaces must be clearly indicated; paving, turf, gravel, grading, etc.

f.

Location of water outlets. If areas of planting are extensive, plans for underground sprinkler system will be required.

g.

Plant material schedule with common and botanical names, sizes, quantities, and method of transplant. Bareroot material will be permitted, but it is discouraged on all but the smallest sizes. Plants must be sized according to the following table:

h.

All plant material must meet specifications of the American Association of Nurserymen (AAN) for No. 1 grade. All trees must be balled and burlapped or equivalent.

i.

No building permit shall be issued for construction of any building on any portion of a unit development until the landscaping required by the final landscape plan is in place or a bond, cash deposit or equivalent is deposited with the City conditioned on and guaranteeing the installation of all landscaping shown on the approved landscape plan. Such bond, cash deposit or equivalent shall be in the amount of one hundred twenty-five percent (125%) of the estimated cost of the landscaping improvements determined by an executed contract to install such landscaping or by adequate appraisals of such cost. Such bond, cash deposit or equivalent shall further guarantee the continued maintenance and replacement of the landscaping for a period of two (2) years after installation, but the amount of the same shall be reduced after installation is completed to twenty-five percent (25%) of the actual cost of such landscaping. If the required landscaping is already installed prior to application for a building permit, a bond in the amount of twenty-five percent (25%) of the actual cost of the landscaping guaranteeing continued maintenance and replacement of the same for a period of two (2) years shall be required as a condition of issuance of the building permit. Any bond, cash deposit or equivalent deposited pursuant to this requirement shall be released upon certification by the Director of Public Works or designee that the required landscaping program has been completed and maintained in accordance with the requirements of the bond. If any landscaping required pursuant to this Chapter is not maintained in accordance with the requirements of the final plan, such failure to maintain the landscaping shall be a violation of this Chapter enforceable by action in the Municipal Court of the City of Sterling or the County or District Court of Logan County, Colorado.

D.

Subdivision Plat: An official subdivision plat of the site must accompany the final plan. This plat must conform to the Subdivision Ordinance of the City except as waived by the approved preliminary plan for the Planned Unit Development. The subdivision shall contain proper dedications for public streets, utility easements and all other public rights required by the preliminary plan. Approval by City Council of the final plan and subdivision plat shall be required before filing of the subdivision plat or issuance of building permits.

E.

Final Utility Plans: Final detailed engineering for sewer, water, electrical, street improvements and other public improvements must be submitted to and approved by the Director of Public Works or designee, and the developer shall execute an agreement in proper form providing for the installation of such improvements prior to submission of the final plan to the Council.

F.

Approval: The final plan shall be submitted to the Director of Public Works or designee who shall recommend approval of the same to the Planning Commission unless the final plan fails to conform to the approved preliminary plan and the requirements of this Chapter. The Planning Commission shall either recommend to City Council approval, conditional approval or disapproval of the plan. After review and recommendation from the Administrative Staff and the Planning Commission, the final plan shall be submitted to City Council for final action.

G.

Amendments to Final Unit Development Plan:

1.

Minor changes in the location, sizing, height and siting of buildings and structures may be authorized by the Director of Public Works or designee without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final plan was approved. The Director of Public Works or designee shall not approve any of the following changes:

a.

A change in the use or character of the development.

b.

An increase in the overall coverage of structures.

c.

An increase in the problems of traffic circulation and public utilities.

d.

A reduction by greater than five percent (5%) of the total required open space.

e.

A reduction by greater than three percent (3%) of the off-street parking and loading space.

f.

A reduction in required pavement widths or rights-of-way for streets or easements.

g.

An increase of greater than five percent (5%) in the approved gross leasable floor areas of commercial buildings in either residential or commercial Planned Unit Developments.

h.

An increase by greater than five percent (5%) in the approved residential density of the proposed development.

2.

All other changes in use or rearrangement of lots, blocks and building tracts, or any changes other than listed above, may be made by the Board of Adjustment. Such amendments shall be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedures established for the filing of the initial approved plan documents.

H.

Time Limit for Validity of the Final Plan: The applicant must begin and substantially complete the development of an approved Planned Unit Development within two (2) years from the time of final approval. Extensions for successive periods of six (6) months may be granted by the Planning Commission. If the Planned Unit Development is to be developed in stages, the approved plan shall contain a development schedule and the applicant must begin and substantially complete the development of each stage within two (2) years of the time provided for the start of construction of each stage in the development schedule. Extensions may be granted by the Planning Commission on the same basis as for nonstaged developments. Failure to develop within the time limit set forth herein shall cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and reapproval of the same.

(Ord. No. 45-1995, 12-12-95, eff. 12-22-95)

All Planned Unit Developments shall meet the requirements herein set forth and no final plan shall be approved that does not meet these requirements.

A.

[Open Space Maintenance Plan:] The developer shall submit a legal instrument or instruments setting forth a plan providing for the permanent care and maintenance of open spaces. The same shall be submitted to the City Attorney and shall not be accepted until approved by him as to legal form and effect. The same shall then be submitted to the Planning Commission for its approval as to suitability for the proposed use and maintenance of open recreational areas and communally owned facilities and private streets. If the common open space is deeded to a homeowner's association, the applicant shall file the proposed documents governing the association.

1.

The homeowners' association must be established before any residences are sold.

2.

Membership in the association must be mandatory for each residence owner.

3.

Open space restrictions must be permanent and not for a period of years.

4.

The homeowners' association must be made responsible for liability insurance, taxes and maintenance of recreational and other facilities.

5.

The association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities.

6.

The governing board of any such association shall consist of owners of property in the Planned Unit Development.

B.

Open Space Maintenance Guaranty: In the event the organization established to own and maintain common open spaces, recreational areas, communally owned facilities and private streets, or any successor organization, shall at any time fail to maintain the common facilities in reasonable order and condition in accordance with the approved plan, City Council may cause written notice to be served upon such organization or upon the owners of property in the development setting forth the manner in which the common facilities have failed to be maintained in reasonable condition, which notice shall include the demand that the deficiencies noted be cured within thirty (30) days thereafter and shall state the date and place of a hearing to be held within fourteen (14) days of the notice. At the time of hearing, City Council may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, City Council, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance, may enter upon such common facilities and maintain the same for a period of one (1) year. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before expiration of such year, City Council shall, upon its own initiative or upon the written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the Planned Unit Development. At such hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the City of Sterling should not be continued for a succeeding year. If City Council determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by City Council. Otherwise, the City shall continue maintenance for the next succeeding year, subject to a similar hearing and determination at the end of each year thereafter. The cost of maintenance by the City shall be a lien against the common facilities of the Planned Unit Development and the private properties within the development. City Council shall have the right to make assessments against properties in the development on at least the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. The above is in accordance with Chapter 15A [§ 21-26 et seq.] of the Code, assessments and liens.

C.

Guaranties for Open Space Preservation: Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan.

The following design standards shall apply to any Planned Unit Development:

A.

Open Space:

1.

Required open space shall comprise at least thirty percent (30%) of the total gross area of any residential Planned Unit Development.

2.

Within such thirty percent (30%) one-half (½) of the same may be developed for planting, walkways and landscape elements. The remaining one-half (½) shall be developed for active recreational use and shall be developed in parcels of not less than six thousand (6,000) contiguous square feet and not less than fifty (50) lineal feet in the smallest dimension.

3.

Areas devoted to natural or improved flood control channels and areas encumbered by flowage, floodway or drainage easements may be used to partially satisfy the total open space requirements.

4.

Recreational facilities or structures and their accessory uses located in approved areas shall be considered open space as long as the total impervious surfaces (paving, roofs, etc.) constitute no more than ten percent (10%) of the total open space.

5.

Public dedications may not contribute to the open space requirement.

B.

Streets: The following table presents the minimum street design standards for Planned Unit Developments.

¹ Not to exceed one hundred (100) feet in total length

C.

Private Streets:

1.

Private streets not dedicated for public use shall be designed and developed in accordance with the foregoing minimum street design standards. This requirement shall not apply to accessways serving four (4) or fewer residences or less than one hundred (100) feet in total length.

2.

Access for emergency vehicles and other public vehicles shall be dedicated over all private streets.

D.

Parking Standards:

1.

Parking spaces shall be provided for residential developments as follows. All such parking spaces shall be off-street parking spaces and each space shall be accessible and usable.

2.

Parking spaces shall be provided for nonresidential developments in accordance with the regulations in Chapter VIII.

3.

Parking areas shall be arranged so as to prevent through traffic to other parking areas.

4.

Parking areas shall be screened from adjacent structures, roads and traffic arteries with hedges, dense plantings, earth berms, changes in grade or walls, or otherwise.

5.

No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by landscaping.

6.

No more than sixty (60) parking spaces shall be accommodated in any single parking area within a residential area.

7.

All parking areas and any off-street loading area shall be paved and the design thereof shall be in accordance with the Parking Standards of this Ordinance. All areas shall be marked so as to provide for orderly and safe loading, parking, and storage.

8.

All parking areas shall be adequately lighted. Such lighting shall be so arranged so as to direct the light away from adjoining residences.

9.

All parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding and other inconveniences.

E.

Signs: All proposed signs shall be submitted as scale drawings and must conform to the provisions of Chapter X regarding signs.

F.

Planned Unit Development Perimeters: Where Planned Unit Developments adjoin public streets or lands with a different zoning classification, the installation and maintenance of a landscaped area at such perimeter may be required. The detailed landscape plan for any such buffer required shall be a part of the landscape plan filed in conjunction with the final plan.

(Ord. No. 46-1995, 12-12-95, eff. 12-22-95)

A.

The City Council, upon recommendation of the Planning Commission, is empowered to grant variances to any of the provisions of this Chapter under the following circumstances:

1.

The applicant demonstrates to the satisfaction of City Council, and the Council so finds, that the plan as submitted is equal to or better than such plan incorporating the applicable provision in this Chapter for which a variance is sought.

2.

The variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Chapter.

B.

Nothing contained in this Chapter shall limit or otherwise alter the authority of the Board of Adjustment to grant variances as set forth in Chapter XIII of this Ordinance.