Chapter VII, Section III - Planned Unit Developments
Article I General Provisions
Sec. 7-3-1 Purpose of District
Sec. 7-3-2 Conditions
Sec. 7-3-3 Standards generally
Sec. 7-3-4 Relationship to subdivision regulations
Sec. 7-3-5 Relationship to underlying zoning regulations
Sec. 7-3-6 Definitions
Sec. 7-3-7 Evaluation criteria
Sec. 7-3-1. Purpose of District.
Planned Unit Developments are intended to facilitate the achievement of the purposes and objectives of the Zoning Ordinance and the Town's Comprehensive Plan, and to permit the application of new technology and greater freedom of design in land development than may be possible under the application of standard zone districts. Developments, however, must demonstrate that flexibility from the provisions of the existing zoning will result in higher quality development and when one (1) or more of the following purposes can be achieved:
(1) To provide necessary commercial, recreational and educational facilities conveniently located to housing;
(2) The provision of well located, clean, safe and pleasant industrial sites involving a minimum impact 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; and
(7) Preservation of the site's natural characteristics. (Ord. 480 §2, 2000)
Sec. 7-3-2. Conditions.
The use of the PUD provisions must be in accordance with the Town's Comprehensive Plan and is dependent upon the submission of an acceptable plan and satisfactory assurances that the plan will be carried out.
(1) The PUD is an entire development concept and shall be reviewed as a whole.
(2) The PUD shall be considered by the Planning Commission from the point of view of the relationship and compatibility of the individual elements which make up the development and only after specifically and properly applied for, may be approved by the Planning Commission and Town Board in accordance with the provisions of this Section III.
(3) The parcel being considered for a PUD must be a legal building lot.
(4) The request for PUD approval is a voluntary act by the applicant and does not require or imply any acceptance or approval by the Town. The Town may deem the proposed uses and densities inappropriate after review, and alternative action may be required of the applicant.
(5) Staging of development: Each stage within a PUD shall be so planned and so related to the existing surroundings and available facilities and services that failure to proceed to the subsequent stages will not have an adverse impact on the PUD or its surroundings at any state of the development. (Ord. 480 §2, 2000)
Sec. 7-3-3. Standards generally.
The following standards and requirements shall govern the application of a Planned Unit Development.
(1) The PUD shall be consistent with the intent of the Town's Comprehensive Plan and the policies therein.
(2) No PUD shall be approved without a plan setting forth the provisions for development of the PUD, including but not necessarily limited to easements, covenants and restrictions relating to use, location and bulk of buildings and other structures; intensity of use or density of development; utilities, streets, ways, roads, pedestrian areas and parking facilities; common (or dedicated) open spaces; and other public facilities.
(3) The design and construction of the PUD shall include adequate, safe and convenient arrangements for pedestrian and vehicular circulation, off-street parking and loading space.
(4) While there may be no fixed setbacks and lot widths, the Planning Commission and Town Board may require such setbacks, lot widths and space between buildings as necessary to provide adequate access and fire protection, to ensure proper ventilation, light, air and snow melt between buildings, and to ensure that the PUD is compatible with other developments in the area. As a general guide, ten (10) feet between buildings is considered minimum.
(5) Open space for the PUD shall be planned to produce maximum usefulness to the residents of the development for purposes of recreation and scenery and to produce a feeling of openness. All areas designated as common or public open space pursuant to the requirements of this Section shall be accessible by proper physical and legal access ways.
(6) The developer shall provide within the PUD central water and sewer facilities provided by the Town as specified by the Planning Commission, Town Board, the Colorado Department of Public Health and Environment and the local health authorities.
(7) Clustered housing and other buildings shall be encouraged to promote maximum open space, economy of development and variety in type, design and layout of buildings.
(8) Maximum height of structures shall be established in the approved PUD plan. (Ord. 480 §2, 2000)
Sec. 7-3-4. Relationship to subdivision regulations.
The uniqueness of each PUD may require that specifications for the width and surfacing of streets, public ways, public utility rights-of-way, curbs and other standards may be subject to modifications from the specifications established in the subdivision regulations adopted by the Town, if the reasons for such exceptions are well documented. Modifications may be incorporated only with the approval of the Planning Commission and Town Board as a part of its review of the development agreement for a PUD and shall conform to acceptable engineering, architectural and planning principles and practices. (Ord. 480 §2, 2000)
Sec. 7-3-5. Relationship to underlying zoning regulations.
Any use or combination of uses allowed in the underlying zoning district may be included in a PUD. The uses permitted in the PUD must be specifically defined and approved as a part of the development plan controlling the PUD. (Ord. 480 §2, 2000)
Sec. 7-3-6. Definitions.
Definitions of terms used in this Section shall be the same as the definitions contained in Section II of this Chapter. (Ord. 480 §2, 2000)
Sec. 7-3-7. Evaluation criteria.
The following criteria shall be utilized by the Planning Commission and the Town Board in evaluating any plan for planned unit development:
(1) Open space: A minimum of twenty-five percent (25%) of the total PUD area shall be devoted to open-air recreation or other useable open space, public or otherwise; unusable open space shall not be included in the required twenty-five percent (25%).
(2) Residential density: Density shall be limited as required by the Planning Commission and Town Board upon consideration of the master plan and individual characteristics of the subject land.
(3) Density of other uses: The density of uses other than residential shall be limited as required by the Town Board upon consideration of the master plan and individual characteristics of the subject land.
(4) Architecture: Each structure in the planned unit development shall be designed in such manner as to be compatible with other units in the area, yet to avoid uniformity and lack of variety in structural designs among the PUD.
(5) Mixed uses: The PUD shall be designed, insofar as practicable when considering the overall size of the PUD, to provide commercial, recreational and educational amenities to its residents to alleviate the necessity of increased traffic and traffic congestion. A PUD may include any uses permitted by right or as conditional or special use in any other zone, except that any use that has been declared a nuisance by statute, ordinance or any court of competent jurisdiction shall not be permitted.
(6) Minimum area: A PUD shall not be permitted on a parcel of land less than five (5) acres in area. The minimum area requirement may be waived upon adequate justification shown by the applicant. (Ord. 480 §2, 2000)