The PUD Overlay Zone District is intended to facilitate the achievement of the purposes and objectives of this Chapter, this Code and other plans adopted by the City when the applicant can demonstrate that flexibility from the provisions of the existing zoning will result in higher quality development and when one or more of the following purposes can be achieved:

1.

The provision of necessary commercial, recreational and educational facilities conveniently located to housing.

2.

The provision of well located, clean, safe and pleasant limited industrial sites involving a minimum of strain on transportation facilities.

3.

The encouragement of innovations in residential, commercial and limited 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 said buildings.

4.

The encouragement of a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes.

5.

A lessening of the burden of traffic on streets and highways.

6.

Conservation of the value of the land.

7.

Preservation of the site's natural characteristics.

(Ord. No. 500, § 1, 8-11-2016)

A.

Applications for PUD zoning may be made for land located in any zone district.

B.

No PUD shall be approved unless it is found by the City Council to be in general conformity with this Code.

C.

The City Council may approve a PUD upon a finding that it will implement the purposes of this Chapter and will meet the purposes, standards and requirements set forth in this Article.

D.

The approved PUD zoning and the approved PUD Plan, along with all exhibits, are inseparable, and a PUD shall not be established without the approval of the related PUD Plan.

E.

The minimum size of a parcel of land that may comprise a PUD is one acre.

(Ord. No. 500, § 1, 8-11-2016)

A.

Subsequent to approval of a PUD, uses allowed within a PUD shall be limited to those specifically listed or to those in underlying zone district.

B.

Uses shall be indicated in the PUD ordinance and on the PUD Plan and shall use the symbols indicated in the sections of the zone districts.

(Ord. No. 500, § 1, 8-11-2016)

A.

Design and construction . Design and construction of the PUD shall include adequate, safe and convenient arrangements for pedestrian circulation, roadways, driveways, off-street parking and loading space. All developments shall provide for pedestrian access from adjacent developments, open space areas and trails through the developments to border streets or open spaces and trails.

B.

Benefits . The applicant shall clearly demonstrate the positive benefits to the City of the PUD versus a traditional single district zone classification.

C.

Categories . The PUD Plan shall indicate the particular portions of the project that the applicant intends to develop under various use categories. Densities, acreage and permitted uses shall be detailed for all development areas within the PUD. A summary chart indicating development standards applicable to the entire PUD or separate areas within the PUD shall be required.

D.

Common open space; area required . Twenty-five percent of the total area within the boundary of any PUD shall be devoted to usable and accessible common open space; provided, however, that the City Council may reduce such requirement if it finds that such decrease is warranted by the design of and the amenities and features incorporated into the PUD Plan and that the needs of the occupants of the PUD for common open space can be met in the proposed PUD and the surrounding area.

(Ord. No. 500, § 1, 8-11-2016)

A.

Pre-application conference . The applicant shall attend a pre-application conference with the City Administrator.

B.

Process . The PUD Plan and application shall be submitted to the City. The application should be processed in accordance with Article 10 of this Chapter, in addition to the requirements of this Section.

C.

Public hearing . After compliance with Section 16-10-40, at a public hearing, the City Council [shall] make a final decision on the PUD Plan.

D.

Plan requirements . The PUD Plan shall contain the following:

1.

A summary narrative of the proposal including:

a.

A use list;

b.

Total number of proposed dwelling units and density of all residential and nonresidential areas;

c.

Total number of square feet of nonresidential floor area;

d.

Total number of off-street parking spaces, including those associated with single-family residential use per Section 16-15-10 of this Chapter;

e.

Estimated construction cost and proposed method of financing of the streets, trails and related facilities, water distribution system, sewage collection system, storm drainage facilities and such other facilities as may be necessary to complete the development plan.

2.

Preliminary drainage plan and report, containing the following minimum data:

a.

A basin contour map defining the drainage basins and illustrating the existing drainage patterns and concentration points with contributory acreage and runoff amounts;

b.

A sketch of the proposed land development, showing the consequent changes in the drainage patterns, concentration points and flooding limits with acreage, runoff coefficients and runoff amounts for the areas to be developed, both now and in the future, within each basin; and

c.

A narrative of the proposed handling of the increased drainage at the concentration points or of internal pattern changes.

3.

Preliminary plans and profiles of the proposed water and sewer facilities, showing the location of all existing or proposed water, sewer and other utilities relative to the development, and indicating the size, type and other pertinent data for all existing and proposed utility improvements, including estimated total number of gallons of water per day required and estimated total number of gallons per day of sewage to be treated.

4.

A traffic study prepared by a professional traffic engineer that addresses internal loadings, off-site traffic impacts and internal circulation and parking that relate to on-site improvements, in addition to those that may necessitate off-site street improvements.

5.

A fiscal impact study, prepared in conjunction with City staff, and existing fiscal impact model, if determined necessary by the City Administrator.

6.

An environmental study, including a wildlife inventory, prepared by a professional wildlife biologist or ecologist and a list of species found on the site, if determined necessary by the City Administrator.

7.

A map and report showing soil types and their boundaries, as shown on soil survey maps prepared by the U.S. Department of Agriculture, Soil Conservation Service, and also a table of all interpretations for the soil types shown on the soil map prepared by the Soil Conservation Service.

8.

Geology and subsidence report for the project area.

9.

Preliminary public land dedication agreement.

10.

Preliminary landscaping plan, describing in general detail the area to be landscaped and irrigated, showing the approximate size and the location of the plantings and those areas to remain or be designated as natural open space with native vegetation. If the plants and the planting densities differ from the standards set forth in this Chapter, the plan shall note the plant list and densities in chart form. The plan shall also show all public amenities and "hard" and "soft" landscape improvements, as well as the approximate location, type, height, spacing and physical health of existing vegetation.

11.

Letter from the city volunteer Fire Department concerning fire protection and fire flow requirements.

12.

The location of all existing and proposed buildings, structures and improvements separated into planning areas, if applicable.

13.

The areas which will be conveyed, dedicated or reserved as general open space, stated in terms of acreage or square footage, as well as the ratio of open space in areas to be developed, stated in square feet per use basis.

14.

The proportion of land to be left in a natural condition as major open space, stated in terms of acreage or square footage, as well as the ratio of open space in areas to be developed, stated in a square feet per use basis.

15.

An explanation of the objective of the PUD, including building descriptions, sketches or elevations as may be required.

16.

A development phasing schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.

17.

A description of the proposed method of providing ongoing (permanent) maintenance of all commonly owned or publicly dedicated buildings, facilities, landscaping areas and thoroughfares, including security for the obligations, and, in the event that the development on the property does not occur within six months of the application, plans for overseeing the property for erosion control and aesthetics.

18.

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 areas or buildings, in compliance with Section 24-67-101, et seq., C.R.S.

19.

Narrative and illustrative text for architectural and landscape design guidelines for the PUD.

20.

An official signed document, as applicable, conveying any water rights to the City, or, at the discretion of the City Council, a certified check for an amount as may have been agreed to at the time the subdivision plat was approved, accompanied by a title insurance policy or other evidence that the water is free and clear of all taxes, liens or other encumbrances.

E.

Plan drawings . Plan drawing requirements shall include the following:

1.

A traverse map of the monumented perimeter of the PUD, along with all survey notes of PUD perimeter and copies of all monument records. The traverse shall have an error of closure of not greater than one part in 10,000. A survey tie to the State coordinate system or other permanent marker is required, if practical.

2.

Lot and street layout.

3.

Scaled dimensions of all lots to the nearest foot and the area of each lot to the nearest square foot.

4.

Lots and blocks numbered consecutively.

5.

Location, principal dimensions and identification of all existing and proposed public and private easements and rights-of-way.

6.

Existing and proposed street names.

7.

Location, function, ownership and manner of maintenance of common open space not otherwise reserved or dedicated for public use.

8.

GIS data associated with the development.

9.

Preliminary plans and profiles of the proposed water and sewer facilities, showing the location of all existing or proposed water and sewer and other utilities relative to the development, and indicating the size, type and other pertinent data for all existing and proposed utility improvements.

(Ord. No. 500, § 1, 8-11-2016; Ord. No. 504, § 22, 7-19-2018)

A.

Development standards . A PUD application shall comply with all applicable development standards in this Chapter, unless otherwise modified by the City Council.

B.

Modification . At the time of approval of a PUD, the City Council may modify the specifications, standards or requirements of this Chapter (including but not limited to setbacks, yard requirements, street graphics, parking and landscape requirements and supplementary regulations) when development standards contained in the proposed PUD specifically establish different specifications, standards and requirements applicable to uses in that PUD.

C.

PUD criteria . The PUD shall meet the following criteria unless the applicant can demonstrate that one or more of them is not applicable or that another practical solution has been otherwise achieved:

1.

The PUD shall have an appropriate relationship to the surrounding area, without having unreasonable adverse effects on the surrounding area.

2.

The PUD shall provide an adequate internal street circulation system designed for the type of traffic generated, safety, separation from living areas, convenience and access. Private internal streets may be permitted, provided that adequate access for police and fire protection is maintained and provisions for using and maintaining such streets are imposed upon the private users and approved by the City Council. Bicycle traffic shall be provided for if appropriate for the land use.

3.

In a PUD, the averaging of lot areas shall be permitted to provide flexibility in design and to relate lot size to topography, but each lot shall contain sufficient area for an acceptable building site. The clustering of development with usable common open areas shall be permitted to encourage provision for and access to common open areas and to save street and utility construction and maintenance costs.

4.

The PUD shall provide common open space adequate in terms of location, area and type of the common open space and in terms of the uses permitted in the PUD. The PUD shall strive for optimum preservation of the natural features of the terrain.

5.

The PUD shall provide for a variety in housing types and densities, other facilities and common open space.

6.

The PUD shall provide adequate privacy between dwelling units.

7.

The PUD shall provide pedestrian ways adequate in terms of safety, separation, convenience, access to points of destination and attractiveness.

8.

The maximum height of buildings may be increased above the maximum permitted for like buildings in other zone districts in relation to the following characteristics of the proposed building:

a.

Its geographic location;

b.

Lack of visual effects on adjacent sites or other areas in the vicinity;

c.

Lack of potential problems for adjacent sites caused by shadows, loss of air circulation or loss of view;

d.

Influence on the general vicinity, with regard to extreme contrast, vistas and open space;

e.

Uses within the proposed building; and

f.

Fire protection needs.

(Ord. No. 500, § 1, 8-11-2016)

A.

Development schedule . The applicant shall begin development of the PUD within one year from the time of its final approval; provided, however, that the PUD may be developed in stages. The applicant must complete the development of each stage and of the PUD as a whole in substantial compliance with the development schedule approved by the City Council. If the applicant does not comply with the time limits, the City Council shall review the PUD and may revoke approval for the uncompleted portion of the PUD, require that the PUD be amended or extend the time for completion of the PUD.

B.

Stages . Each stage within a PUD shall be so planned and so related to existing surroundings and available facilities and services that failure to proceed to a subsequent stage will not have a substantial adverse impact on the PUD or its surroundings.

C.

Time limit . If a PUD contains residential and nonresidential uses, the nonresidential uses may only be constructed in advance of residential uses if the City Council finds that such phasing is consistent with sound principles or ordered development and will have no substantial adverse effect on the quality or character of the PUD.

(Ord. No. 500, § 1, 8-11-2016)

Enforcement and modification of the PUD plan shall be governed by Section 24-67-101, et seq., C.R.S.

(Ord. No. 500, § 1, 8-11-2016)