(a)

The intent of a Planned Unit Development (PUD) is to encourage flexibility and variety in land development and to provide a more efficient allocation and maintenance of open space and a more efficient use of those public facilities required in connection with such development.

(b)

To achieve this, PUDs are allowed in each of the zoning districts established by this Chapter. In applying for a PUD, the applicant is allowed to provide flexible and varied land use and building design through the application of performance criteria rather than rigid standards. Regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable land use regulations to the same degree that such regulations control development on a lot-by-lot rather than unified basis.

(c)

In view of the substantial public advantages of PUDs, it is the intent of this Article to promote and encourage development in this form where appropriate. The purpose of this Article shall be to encourage and provide for the efficient and compatible integration of 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 said buildings; to encourage a more efficient use of land and public services, or private services in lieu thereof; to reflect changes in the technology of land development so that growing economies may result; and to provide a procedure which can relate the type, design and layout of residential, commercial and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics.

(Prior Zoning Code, § 6-1)

In order to carry out the aforementioned intent, a PUD shall achieve the following objectives:

(1)

Contain adequate usable open space and recreation areas.

(2)

Preserve trees, outstanding natural topography and geologic features while preventing soil erosion and uncontrolled surface water drainage.

(3)

Use land efficiently, resulting in smaller networks of utilities and streets and thereby lower housing costs.

(4)

Have a development pattern in harmony with the Comprehensive Plan.

(5)

Establish a variegated environment which may vary according to use, occupancy, tenure (e.g., individual ownership, cooperatives, condominiums and leaseholds), types of dwellings (e.g., detached houses, townhouses and garden apartments), lot size and/or type of community facilities available.

(6)

Possess harmonious design and site planning of a quality that will produce a more desirable environment.

(Prior Zoning Code, § 6-2)

(a)

These regulations on PUDs are authorized under Article 67 of Title 24, C.R.S., and are hereby declared to be in accordance with the provisions of said statutes.

(b)

In accordance with said statutes, the City Council is designated as the Board authorized to review and approve PUD applications as set forth in these regulations.

(Prior Zoning Code, § 6-3)

The following general standards shall be observed regarding planning, design and construction of the PUD:

(1)

The PUD shall be designed in a manner such that, wherever possible, it protects the environmental assets of the area, including considerations of elements such as plant and wildlife, streams, storm drainage courses and scenic vistas.

(2)

The PUD design and construction plans shall take into account characteristics of soils, slopes and potential geological hazards in a manner intended to protect the health, safety and welfare of potential users of the PUD. These aspects of the plan must be accompanied by a detailed soil engineering report on the suitability of the area for the intended use before a building permit may be issued.

(3)

The PUD shall be consistent with the intent of the Comprehensive Plan and the policies therein, as well as other plans and policies adopted by the Planning and Zoning Commission.

(4)

Planned open spaces within the PUD, including those spaces being used as public or private recreation sites, shall be protected by adequate covenants running with the land, or by conveyances or dedications.

(5)

PUDs shall be so located in relation to sanitary sewers, storm and surface drainage systems and other utility systems and installations that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher net public costs or earlier incurrence of public costs than would development in forms generally permitted under existing zoning for the area.

(6)

Such areas shall be so located with respect to necessary public facilities as to have access in the same degree as would development permitted under existing zoning, and shall be so located, designed and scaled that access for public services is equivalent to, and net costs for such service are not greater than, access and net costs for public services for development as permitted under existing zoning; or the developer must offset the added public expense.

(7)

The area proposed as a PUD shall be subject to the requirements for review and approval specified in Chapter 17 of this Code. Such subdivision review, when required, may be carried out concurrently with PUD review as specified in this Chapter.

(Prior Zoning Code, § 6-4)

The design requirements set forth in this Division shall serve as the minimum requirements in planning and construction of the PUD.

(Prior Zoning Code, § 6-4)

(a)

A minimum area of ten acres is required for a PUD.

(b)

A PUD originally established under the requirements of this Chapter may be extended into adjoining areas by addition of contiguous lands in parcels or units of not less than ten acres each, provided that it shall be subject to the same procedure for approval and in conformity with the standards set forth herein.

(c)

The overall average density of residential areas within the PUD shall not exceed 16 dwelling units per acre of net residential area.

(d)

Steep land (20 percent slope or greater), unstable land, thin soils or inadequate drainage shall be noted and, unless acceptable provisions are made for eliminating or controlling any problems which may endanger health, life or property, the land shall not be approved for a PUD. Land not usable for residential or other purposes may be set aside for open area uses, such as parks, conservation areas and recreational areas.

(e)

Special consideration and study shall be given to steep lands of excessive (40 percent or greater) slope concerning their practicability to be built upon, accessibility or desirability of their use for open space.

(f)

Any land subject to flooding or in a natural drainage channel shall not be approved for a PUD until adequate provisions to eliminate or control hazards are made and approved. A competent, independent professional engineer may be engaged by the Planning and Zoning Commission at the expense of the applicant for the purpose of verifying the technical requirements. These provisions shall be made to protect the health, safety and welfare of the public, as well as to eliminate any flood hazards resulting from development on the area. The areas subject to flooding may be left as open space or reserved as easements.

(g)

Where a proposed PUD is traversed by a water course, coulee, drainage way, arroyo channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such water course and such further width or construction, or both, that will be adequate for drainage purposes. Parallel streets, parkways, walkways, culverts, bridges or storm sewers may be required in connection with such drainage easement.

(h)

Special emphasis should be placed on the effect of stormwater runoff on adjacent properties. Potential downstream drainage effects caused by the development should be estimated and controlled.

(i)

Areas which cannot be feasibly serviced by necessary public services, including roads, road maintenance, schools, police, fire and utilities, shall not be approved for a PUD.

(j)

Easements shall be provided for and approved by the utility company. All easements, utility or otherwise, shall be sufficient in width to make maintenance practical and utilities easily accessible, regardless of slope or other conditions of terrain. Underground utilities shall be provided wherever practical and feasible.

(Prior Zoning Code, § 6-4)

The PUD's relationship to its immediate surroundings shall be considered in order to avoid adverse effects to surrounding development caused by traffic circulation, building height or bulk, lack of screening or intrusions on privacy.

(1)

Adequate landscaping must be provided to reduce the visual impact of off-street parking areas and provide a logical transition between the PUD and surrounding uses. Landscaped buffers shall be provided to screen commercial and industrial uses when such uses differ from surrounding uses. Screening should also be used to buffer potential adverse effects of lights, noise or other undesirable elements which could disturb the PUD surroundings.

(2)

At edges adjacent to other areas for a distance of 200 feet measured from the edge of the PUD property into the PUD, the height of any building shall not exceed the height limit allowable in the adjoining zoning district. Similarly, setbacks at the edge of the PUD should meet the minimum requirements of adjacent property.

(Prior Zoning Code, § 6-4)

(a)

The developer shall provide water and sewage facilities for connection to a public system, or include sewage treatment facilities which meet standards of the Colorado Department of Public Health and Environment.

(b)

Wherever practical and feasible, all utilities shall be placed underground.

(Prior Zoning Code, § 6-4)

Parking in connection with every industrial, commercial, residential, recreational or any other use within the PUD shall be provided concurrent with completion of said element of the PUD. All required parking shall be off-street and in accordance with standards set forth in Article 6 of this Chapter. Parking may be provided in grouped facilities to service several separate uses, and such consolidated facilities are encouraged.

(Prior Zoning Code, § 6-4)

(a)

Design and construction of the PUD shall include adequate, safe and convenient arrangements for pedestrian circulation, roadways, driveways and off-street parking and loading spaces.

(b)

Circulation shall be determined by review of each PUD. Public streets must serve the entire PUD; however, private roads may be permitted if they meet minimum construction standards and can be used by Police and Fire Department vehicles for emergency purposes, and if each structure or use in the PUD provides required off-street parking and loading spaces or service areas.

(c)

The right-of-way and/or pavement widths for internal ways, roads and alleys shall be determined from sound planning and engineering standards. Consideration shall be given to special street width, construction and paving requirements resulting from traffic requirements within the PUD.

(d)

Alleys in residential areas shall be discouraged unless they are a necessary feature to continue an existing pattern and provide essentially needed access or property service entrances and are not in conflict with design amenities of the PUD.

(e)

Alleys shall be provided in commercial and industrial areas; however, this provision may be waived when other facilities are made available and approved for service access.

(Prior Zoning Code, § 6-4)

(a)

Refuse storage areas should be conveniently located and enclosed in attractive structures capable of keeping out vermin and animals.

(b)

If inside storage is to be provided, the location should facilitate pickup.

(Prior Zoning Code, § 6-4)

Signs shall be permitted in the PUD only as specified in Article 7 of this Chapter for specific districts and uses.

(Prior Zoning Code, § 6-4)

Structures should be located a sufficient distance apart to provide a measure of privacy, but should in any case be no closer than ten feet.

(Prior Zoning Code, § 6-4)

Fire hydrants shall be required in all commercial and industrial PUD designs and shall also be required in residential PUD areas when the net residential density exceeds one unit per acre.

(Prior Zoning Code, § 6-4)

(a)

The term common open space means a parcel of land, an area of water or a combination of land and water within the site designated for a PUD, which is designed, intended and reserved primarily for the use or enjoyment of residents, occupants and owners of the PUD. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the PUD.

(b)

Common open space shall constitute not less than 25 percent of the total area of the PUD, with lands for public sites or fees in lieu thereof to be provided as set forth in Chapter 17 of this Code.

(c)

The developer shall provide for and establish an organization for the ownership and maintenance of the common open space for the benefit of residents, occupants and owners of the PUD. Such organization shall not be dissolved and shall not dispose of the common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space for the benefit of the PUD; and, thereafter, such organization shall not be dissolved or dispose of the common open space without first offering to dedicate the same to the City or other appropriate governmental unit.

(d)

In the event that the organization fails to maintain the common open space in reasonable order and condition, the City Council or the Zoning Enforcement Officer may serve written notice upon such organization or upon the residents, occupants and owners of the PUD. Such notice shall:

(1)

Set forth the manner in which the organization has failed to maintain the common open space in reasonable condition;

(2)

Include and demand that such deficiencies be cured within 30 days thereof; and

(3)

State the date and place of a hearing thereon, which shall be held within 14 days of the notice. At such hearing, the City Council may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured.

(e)

If the deficiencies set forth in the original notice or in the modification thereof are not cured within said 30 days or any extension thereof, the City, in order to preserve the common open space and maintain the same, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space, except when the same is voluntarily dedicated to the public by the owners.

(f)

Before the expiration of said year, the City Council shall, upon its initiative or upon the request of the organization heretofore responsible for the maintenance of the common open space, call a public hearing upon 14 days' notice to such organization or to the residents, occupants and owners of the PUD, to be held by the City Council, at which hearing such organization or the residents, occupants and owners of the PUD shall show cause why such maintenance by the City shall not, at the election of the City, continue for a succeeding year.

(1)

If the City Council determines that such organization is ready and able to maintain the common open space in reasonable condition, the City shall cease to maintain said common open space at the end of said year.

(2)

If the City Council determines that such organization is not ready to maintain said common open space in reasonable condition, the City may, in its discretion, continue to maintain said common open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter.

(3)

The decision of the City Council in any such case shall constitute a final administrative decision subject to judicial review.

(g)

The cost of such maintenance by the City as specified above shall be paid by the owners of properties within the PUD that have a right to enjoyment of the common open space, and any unpaid assessments shall become a tax lien on said properties.

(Prior Zoning Code, § 6-4)

When a PUD proposal is submitted for consideration, the procedures set forth in this Division shall be observed.

(Prior Zoning Code, § 6-5)

Prior to submitting a formal application for a PUD, a preapplication conference shall be held with the Planning and Zoning Commission in order for the applicant to become acquainted with PUD procedures and related requirements.

(Prior Zoning Code, § 6-5)

An application for approval of a PUD may be filed by a person having an interest in the property to be included in the PUD. The application will be made on a form provided by the City and must include a consent by the owners of all property to be included. The application must be accompanied by a preliminary development plan, a written statement and the required fee.

(Prior Zoning Code, § 6-5)

The preliminary development plan shall show the major details of the proposed PUD, prepared at a scale of not less than 1" = 100', submitted in sufficient detail to evaluate the land, planning, building design and other features of the PUD. The plan must contain, insofar as applicable, drawings that depict the following information:

(1)

Name of or ownership of the PUD.

(2)

Scale (written and graphic).

(3)

North arrow (designated true north).

(4)

Date of preparation.

(5)

Dimensions of all subdivided lots to the nearest one foot (which may be scaled values).

(6)

The existing topography of the land at two-foot contour intervals.

(7)

Existing buildings, roads, other easements, telephone lines, gas lines, power lines and other features located on the premises.

(8)

Soil types and their boundaries based on the National Cooperative Soil Survey, U.S. Department of Agriculture, Soil Conservation Service, and a table of interpretations for the soil types shown on the soil map.

(9)

The City shall determine from a review of the preliminary development plan whether the soil, slope, vegetation and drainage characteristics of the site are such as to require substantial cutting, clearing, grading and other earth-moving operations in the construction of the PUD or otherwise entail an erosion hazard. If so, the City shall require the applicant to provide soil erosion and sedimentation control plans and specifications prepared by a registered professional engineer or the U.S. Soil Conservation Service. In the event that soil erosion and sediment control plans are required, the preliminary development plan submission shall not be considered complete until such plans have been submitted to the City.

(10)

General location in the PUD area of trees over four inches in diameter, measured at six inches above the ground. In cases of heavily wooded areas, indicate the outline of the wooded area and the locations of trees which are to remain. It is the intent of this requirement to determine the approximate location of trees for design evaluation rather than to require unnecessary surveying of the exact tree location.

(11)

Location, identification and principal dimensions for all proposed public and private easements, including roads, bikeways, pedestrian ways, railroads and utility rights-of-way.

(12)

A composite utility easement plan showing location, size and proposed use of all easements. Subsequently, all utilities must be constructed within approved easements.

(13)

Proposed land uses and types of structures, with approximate locations of buildings of major importance because of their functions (churches, shopping centers, convenience establishments, schools, management headquarters, community recreational buildings and the like) or their form (high, massive or extensive buildings, likely to have strong visual impact), including the maximum height of all buildings and the density and type of buildings.

(14)

Building plans, including but not limited to general dimensions, floor plans, elevations, general type of construction, materials and exterior color schemes.

(15)

Location of proposed automotive and pedestrian circulation systems, including designation of streets by type and any existing or platted streets to be vacated, major off-street parking and service areas, loading areas and major points of access to public rights-of-way.

(16)

Location of proposed parks, playgrounds, school sites, pedestrian parkways and other major developed open spaces not for automotive traffic; and indicate whether they are to be conveyed, dedicated or reserved, and, if in private ownership, indicate plans and methods of ongoing maintenance.

(17)

Landscape and site improvement plans, including but not limited to detailed planting plans, turf areas, paved surfaces, walls, barriers, fences, signs, exterior lighting, irrigation systems and recreation areas and facilities.

(18)

Areas subject to 100-year flooding.

(19)

When applicable, a generalized grading plan identifying areas of cut-and-fill and street gradients. Intended contours shall be shown as solid lines at the same interval as required for existing contours, which shall be shown as dashed lines.

(Prior Zoning Code, § 6-5)

The written statement to be submitted with the PUD application must contain the following information:

(1)

Full name and address of the applicant.

(2)

Legal description of all land to be included in the PUD.

(3)

A list of all property owners within the PUD area and adjacent to the PUD area.

(4)

The existing zoning classifications.

(5)

The number of acres, to the nearest one-half acre, and the percent of total area of the PUD in streets and each other type of use proposed for the subdivision.

(6)

A statement explaining how the land is to be used and how the proposed PUD compares with the Comprehensive Plan for the area, and, if the proposed PUD is in conflict with the Comprehensive Plan, explain how the PUD would better serve the public interest than would the land use called for in the Comprehensive Plan.

(7)

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

(8)

Draft 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.

(9)

A camera-ready copy of the public notice to be used to advise the public of a public hearing in the proposed PUD.

(10)

Evidence of availability of public water and sewer facilities. Such evidence shall be in the form of a written commitment by a municipal or quasi-municipal agency stating that such service will be allowed; however, if approved by the Planning and Zoning Commission, in the event of a private sewer system, a written engineering report describing the proposed system shall be submitted for evaluation, along with an approved site application from the Colorado Department of Public Health and Environment.

(11)

Statement on the manner in which storm drainage will be handled.

(12)

Evidence acceptable to the Planning and Zoning Commission of the financial feasibility of the project and the ability of the developer to complete the project.

(Prior Zoning Code, § 6-5)

(a)

No application for approval of a PUD will be accepted for review unless accompanied by the required special use permit fee for PUDs as specified in Article 3, Division 1 of this Chapter.

(b)

A nonrefundable base fee as specified in Appendix A of this Code shall be paid to the City upon application for a planned unit development for any property within the City. In addition, the applicant shall be responsible for any costs incurred by the City over the initial base fee, up to a maximum total fee as set out in Appendix A of this Code, to reimburse the City for additional costs associated with attorneys or other consultants necessary to review the application in a full and complete manner and make recommendations to the City.

(Prior Zoning Code, § 6-5; Ord. No. 939, § A, 1-22-2002)

The Planning and Zoning Commission shall review all PUD applications. Subsequent to the public meeting and review but not later than 60 days after receipt of the PUD application, the Planning and Zoning Commission shall submit a written report and recommendation to the City Council.

(Prior Zoning Code, § 6-6)

After receiving the report and recommendation of the Planning and Zoning Commission, the City Council shall hold a public hearing on the proposed PUD application. After the public hearing, but no later than 60 days after receipt of the Planning and Zoning Commission's report and recommendation, the City Council shall act to either approve or disapprove the preliminary PUD application. The City Council's decision shall be based on the report and recommendations of the Planning and Zoning Commission, relevant comments expressed at the public hearing and other facts it may deem important in reaching a decision. If the preliminary PUD application is approved, it must be by resolution of the City Council.

(Prior Zoning Code, § 6-7)

(a)

Within six months following approval of the preliminary plan, the applicant shall file with the Planning and Zoning Commission a final development plan and any additional information which may be requested by the Planning and Zoning Commission. The Planning and Zoning Commission may authorize submission of the final development plan in stages. Upon reasonable assurance that such plan conforms with the approved preliminary plan, making sure that all agreements, contracts, deed restrictions, dedications and the like are in acceptable form and have been executed, all sureties and guarantees provided and all payments due made, the final development plan will be presented to the City Council for approval. Upon approval by the City Council of the final plan or portion thereof, the plan and all accessory documents shall be filed with the City Clerk as a matter of public record. If the applicant has not submitted such plan within the period provided, the Planning and Zoning Commission shall initiate proceedings and recommend to the City Council that it revoke approval of the PUD.

(b)

The final development plan approved by the City Council shall be binding and shall not be changed during the construction of the PUD, except as specified in Section 16-5-410 below for modifications.

(c)

Within five days after the decision by the City Council, the applicant shall be notified of the approval or denial of the final development plan. If denied, the notification shall include the reasons for the denial.

(Prior Zoning Code, §§ 6-8, 6-9)

(a)

To further the mutual interest of the residents, occupants and owners of a PUD and of the public in the preservation of the integrity of the plan, the provisions of the plan relating to the use of land and the location of common open space shall run in favor of the City and shall be enforceable in law or in equity by the City and without limitation on any powers or regulation otherwise granted by law.

(b)

All provisions of the plan shall run in favor of the residents, occupants and owners of the PUD, but only to the extent expressly provided in the plan and in accordance with the terms of the plan. To that extent, said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by residents, occupants or owners acting individually, jointly or through an organization designated in the plan to act on their behalf. However, no provisions of the plan shall be implied to exist in favor of residents, occupants and owners except as to those portions of the plan which have been finally approved by the City.

(Prior Zoning Code, § 6-10)

Except as follows, no changes may be made in the PUD after approval of the final plan:

(1)

Minor changes in the location, size, setting or character of buildings or structures may be authorized by the Building Inspector. No change authorized by the Building Inspector under this Section may increase the size of the building or structure by more than ten percent.

(2)

All those provisions of the plan authorized to be enforced by the City may be modified, removed or released by the City subject to the following:

a.

No modification, removal or release of the provisions of the plan by the City shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or equity.

b.

No substantial modification, removal or release of the provisions of the plan by the City shall be permitted except upon a finding by the City, following a public hearing called and held in accordance with the provisions of this Article and Section 16-5-380 of this Article:

1.

That the modification, removal or release is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD or the public interest and is not granted solely to confer a special benefit upon any person.

2.

That residents and owners of the PUD may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the City to enforce the provisions of the plan.

(Prior Zoning Code, § 6-11)

At least once every 24 months following approval of a PUD, the Planning and Zoning Commission shall review all building permits which have been issued for the PUD and shall examine the construction which has taken place on the site. If the Planning and Zoning Commission finds that the rate of construction has not met the approved development program or if violations of any of the provisions of this Chapter or the terms or conditions of the PUD approved are found, a report of this information shall be forwarded to the City Council. The City Council shall hold a public hearing on the report of violations submitted by the Planning and Zoning Commission, having first given at least 14 days' written notice to the PUD applicant and all owners of abutting property. Upon review of the alleged violations, the City Council may, if it is deemed necessary, require that appropriate action be taken to remedy the violations, amend or modify the PUD or revoke approval of the PUD.

(Prior Zoning Code, § 6-11)

If the applicant has not begun construction in the PUD within 120 days from the approval of the final development plan or otherwise has failed to meet the approved development schedule, the City Council can and shall initiate proceedings to amend or modify the PUD or revoke approval of the PUD.

(Prior Zoning Code, § 6-11)

(a)

In each request for a PUD, the applicant and the Planning and Zoning Commission, subject to approval of the City Council, shall agree on the type, location and extent of necessary public improvements, depending on the characteristics of the proposed development and its relationship to surrounding areas, and, if land is subdivided, according to the provisions of the City's subdivision regulations.

(b)

Prior to approval of any final development plan for the PUD, the applicant must furnish an improvements agreement guaranteeing to construct required public improvements as agreed to in the final development plan. The City may require collateral in an amount calculated by the City, which is sufficient to secure all or part of the proposed improvements in accordance with the specifications of the final development plan.

(Prior Zoning Code, § 6-12)

(a)

After holding the required hearing and denying a PUD, the City Council cannot reconsider the request without another notice and hearing.

(b)

In the event that the proposed PUD is denied by City Council, no new request for the same or substantially same PUD will be accepted by the Planning and Zoning Commission for a period of six months from the date of such denial.

(Prior Zoning Code, § 6-13)