ARTICLE 6

PLANNED UNIT DEVELOPMENT (PUD)

6.1       INTENT

Planned Unit Developments (“PUD”s herein) are encouraged in order to accommodate innovative approaches to residential, commercial, industrial and recreational land uses, creative design of land uses, energy conservation, efficient use of open space, preservation of environmental conditions and compatibility with overall County objectives. Accordingly, these PUD Regulations permit specific variations from the requirements set forth in the other Articles of these Zoning Regulations. Where a specific variation is not set forth in these PUD Regulations, the development shall comply with all applicable Zoning Regulations.

6.2       GENERAL REQUIREMENTS

(A) There shall be no minimum area required for any PUD. In a large PUD (as defined by the Board) phasing may be permitted.

(B) The uses permitted in a PUD may include uses permitted by right and conditional uses, all as are applicable to the specific type of development, provided that every use is approved by the Board and the use or category of use is included in the Development Guide and the Development Plan. (The words “Development Plan” include a standard Final Plat of the entire PUD showing the divisions of the entire PUD and the zoning, land uses and total density within every division.) Approval will be based in part upon comprehensive improvement requirements applicable to the entire PUD.

(C) Any proposed change or amendment to an approved Development Guide, Development Plan or PUD requires an application in form approved by the County, payment of the appropriate fees, public meetings and hearings and approval by the Board.

(D) For the rezoning of land to PUD, the applicant must submit a Development Plan depicting all land uses within the project. In addition to the submittal of a Development Plan, the applicant must provide a Development Guide which shall reflect the variations in lot size, bulk, type of use or activity, density, lot coverage and open space requirements from these Zoning Regulations, as modified and approved by the Board upon the recommendations of the Planning Commission.

(E) The applicant shall establish a non-profit organization for the ownership and maintenance of roads, open space, parks, utility systems and other common facilities within the PUD. Such organization shall not be dissolved except in accordance with federal and state law. Neither shall it convey any common facility or other asset except to another non-profit organization created to maintain such common facilities and then, only with the consent of the County.

(F) The Development Plan and the Development Guide for a PUD must be approved by the Board and shall be recorded with the Clerk and Recorder immediately thereafter.

(G) A PUD in which all lots are 3.0 acres or larger may propose individual well and septic as the water supply and sewage disposal methods. If any lot is less than 3.0 acres, the PUD must be served by central water and central sewer that has been approved as to design and construction by the appropriate agencies of the State of Colorado.

(H) Soil Profile Tests: A minimum of one (1) test hole for every five (5) lots is required and shall be located as to ensure representative test data for the entire PUD.

(I) PUDs with lots less than five (5) acres in size that utilize individual wells shall have a test hole for each lot less than five (5) acres. Graphic illustrations to a depth of at least eight (8) feet shall be prepared as profiles. Hydrological studies will be submitted and include effects on adjacent properties.

(J) The net acreage of lots within each zone, rather than the gross acreage of lots within the entire PUD shall establish the applicable Zoning Regulations for each proposed zone within the PUD.

(K) As with all subdivisions developed in the County, all required PUD improvements including roads, streets, central water system, central sewer and sewage treatment system and all other PUD improvements required by the Board, shall be constructed and completed at the sole expense of the Developer and shall thereafter be conveyed to a non-profit or quasi-governmental entity at no cost of any kind whatsoever to such entity. The use of districts of any kind is discouraged but, if necessary and if approved by the Board, no district shall have the authority to borrow money except for the costs of maintenance and repairs or authority to issue bonds for any purpose except substantial restoration or complete replacement of major PUD improvements.

6.3       REQUIREMENTS FOR PUD REZONING

(A) In addition to the procedures and submittal requirements for rezoning any parcel of land, the following information shall be required for rezoning to a PUD.

(1)       A PUD shall be under single development responsibility in accordance with a Development Plan unless phasing is permitted, in which case, the sale of an entire phase may also be permitted and the development responsibility would pass with the title to such phase. Every Final Plat shall depict the precise division of the entire development in to lots and blocks, all proposed land uses within the property and the density of each lot and block, even though the property may be under multiple ownership by virtue of approved phasing. The current and future owners and their assigns, shall be required to develop the proposed project in accordance with the approved and recorded Development Plan and any approved phasing plan.

(2)       Compatibility of a proposed PUD with existing adjacent land uses shall be determined by those uses within the boundaries of the proposed PUD that are closest to the outside perimeter of the proposed PUD. Variation between the peripheral divisions within the PUD and adjacent properties shall also be compatible as to lot sizes.

(3)       Open Space devoted to community use shall be depicted on the Development Plan. The amount of open space provided shall be determined on a case by case basis as recommended to and approved by the Board. An open space buffer is encouraged.

(4)       The exact location and right-of-way widths for all streets, roads and alleys shall be shown on the Development Plan.

(5)       An environmental and impact assessment of the proposed PUD shall be required for inclusion with the Development Guide. Such assessment shall include but not be limited to drainage studies, wildlife habitats, soils, economic impacts, vegetation and slope analysis, County services, town services, transportation, schools, air quality, geology and minerals, paleontology, topography, water, recreation, visual resources, and noise.

(B) Development Guide

(1)       Every PUD must submit a Development Guide prior to approval of the PUD rezoning. The Development Guide is applicable only to the PUD.

(2)       Any approved and recorded Development Guide shall comply with the Zoning Regulations and any amendments in existence at the time of adoption of the Development Guide, except as permitted in this Article 6.

(3)       Landscape design guidelines shall be contained in the Development Guide which shall include design criteria for the construction of parks, trails, right-of-ways and all other land held in common.

(4)       The Development Guide shall reflect the then prevailing goals and policies of the County.

(5)       The Development Guide may propose reasonable standards, variations and requirements for development which are divergent from the standards and practices required by the Zoning Regulations in general. The Development Guide will be evaluated as to the appropriateness of each proposed variation during the approval process. Only those proposed variations which are deemed appropriate by the Board shall become a part of the approved Development Guide. Appropriateness of variations shall be judged on the basis of the environmental and impact assessment, referral agency response, professional and academic reports and studies, adjacent land uses and natural environment, locations, other information available to the Board and the Board’s determination as to the best interests of the citizens of the County. The current and future owners and their assigns shall be required to develop the proposed PUD in accordance with the approved and recorded Development Guide and Plan. The Zoning Regulations shall be applicable to any conditions not provide for by the approved Development Guide.

(6)       Development Guide Amendment: Any amendment to a PUD will require either a Minor or Major Amendment of the Development Guide. The Land Use Administrator will make the decision whether the amendment is Minor or Major.

(a)        Major Development Guide Amendment: When the Development Guide Amendment is a moderate to major amendment, such as rezoning, major land use changes and/or substantial lot modifications, etc., then all of the submission and public notice requirements contained in the County’s rezoning procedures and requirements will be applicable, with the addition of the existing Development Guide and the proposed Development Guide.

(b)       Minor Development Guide Amendment: When the Development Guide Amendment is relatively minor, such as a lot line adjustment, minor land use changes or replats of lots, and where there is no change in zoning or densities, the following requirements will be met:

Submission Requirements:

(i)        Completed application form

(ii)       Proof of ownership, ie: copy of deed, title policy or other sufficient information.

(iii)      Development Guide – Both the existing Development Guide and the proposed Development Guide.

(iv)      Site plan (if applicable) – submitted in accordance with Development Plan requirements with a bold-face notation that the Plan is amended and/or adjusted.

(v)       Appropriate Fees

Minor Development Guide Amendments shall not include revisions or modifications to approved Development Plans which significantly alter the intended land uses, density, the number of lots or the properties held in common.

Procedure:

(i) Informal conferences will be held with the Land Use Administrator to discuss the proposed minor amendment, the information needed for submittal and the process to be followed.

(ii) Formal application to the Planning Commission including appropriate supplemental information and fees.

(iii) Review of the request by the Planning Commission inclusive of a site inspection and referrals as applicable.

(iv) Scheduling the public meeting before the Planning Commission, for recommendation to the Board.

C.        Supplemental Information

(1)       Any variation, change or modification to these Zoning Regulations contained within the proposed Development Guide shall be submitted as a separate document to facilitate review and comparison.

(2)       Provision for water and sanitation facilities shall be included as supplemental information. Provisions of an acceptable water plan approved by the State Division of Water Resources, shall be considered a primary prerequisite for approval of any proposed PUD. The applicant shall make every reasonable documented effort to connect to adjoining water and sanitation systems and districts.

(3)       Any additional report, study or consideration shall be included as supplemental information for the review of the proposed PUD as deemed necessary by the Land Use Administrator or the Planning Commission.