EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Section 16

PUD    Planned Unit Development District

A.   PURPOSE

This district is established in accordance with Sections 24-67-101, et seq., C.R.S., for the following purposes:

  1.   To further the public health, safety, integrity, and general welfare within El Paso County in any era of increasing urbanization;

  2.   To provide for necessary commercial, recreational, and educational facilities con-veniently located to residential housing;

  3.   To provide for well-located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation and other public facilities and services;

  4.   To ensure that the provisions of the zoning laws and regulations promulgated thereunder which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of the zoning laws and regulations;

  5.   To encourage innovations in 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;

  6.   To provide more flexibility and latitude of design;

  7.   To provide more flexibility in the development review process;

  8.   To provide for a greater variety of principal and accessory uses in the development of land;

  9.   To address the advantages resultant from technological change;

10.   To encourage a more efficient use of land and of public services, or private services in lieu thereof;

11.   To ensure adequate and timely public facilities and services;

12.   To lessen the burden of traffic on streets and highways;

13.   To conserve the value of the land;

14.   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;

15.   To encourage innovative and creative development of parks, recreation areas, and open space; and

16.   To encourage integrated planning in order to achieve the above purposes.

B.   PERMITTED USES

The uses permitted in the PUD (Planned Unit Development) District are limited to all residential, commercial and industrial uses as depicted on the development plan as approved by the Board of County Commissioners except the following uses are not permitted:

  1.   Acid Manufacture
  2.   Batch Plants
  3.   Cement & Asphalt Manufacture
  4.   Explosives Manufacture
  5.   Fertilizer Manufacture
  6.   Fuel Sales & Storage (wholesale)
  7.   Glue Manufacture
  8.   Junkyard
  9.   Livestock Feed Yard
10.   Livestock Sales Yard
11.   Metal Processing Plant
12.   Mineral Processing Plan
13.   Petroleum Refining
14.   Plaster of Paris Manufacture
15.   Rendering Plant
16.   Slaughterhouse
17.   Smelter
18.   Solid Wastes Disposal Site & Facility (See Chapter VI)
19.   Tannery
20.   Trash Transfer Station

In the case where a development plan or plot plan has not been approved, a development plan shall be submitted and approved by the Board of County Commissioners prior to issuance of building permits. The procedure for reviewing a development plan shall be the same as the procedure for reviewing a rezoning to the PUD District.

C.   DEVELOPMENT REQUIREMENTS

1.   Residential densities shall be as established by the development plan as approved by the Board of County Commissioners in accordance with the Design Standards as outlined in Paragraph M of this section.

2.   Minimum lot sizes for residential and non-residential uses shall be as established by the development plan as approved by the Board of County Commissioners in accordance with the Design Standards as outlined in Paragraph M of this section.

3.   The interior and exterior boundaries of the PUD District shall have building setbacks as established by the Development Plan as approved by the Board of County Commissioners in accordance with the Design Standards as outlined in Paragraph M of this section and Building and Fire Code Regulations.

4.   Maximum height of any buildings shall be as established by the development plan as approved by the Board of County Commissioners but in no event shall any building exceed forty (40) feet in height.

5.   Minimum area to be considered for rezoning to the PUD District shall be one (1) acre or where five (5) or more dwelling units are proposed.

D.   SUBMITTAL REQUIREMENTS

1.   In addition to the submittal requirements for petitions for rezoning outlined in Section 4, Submittal Requirements, of these resolutions, the applicant shall submit the following information:

a.   Development plan conforming to the requirements of Section 37.5

b.   A separate map, drawn to scale containing the following information:

1)   Adjoining land use and zoning within five hundred (500) feet of the exterior boundary of the subject property.

2)   All roads (public or private) including functional classification, type of surface, and width within five hundred (500) feet of the subject property. 3) Existing topography based on the following criteria:

(a)   Size of Lots Contour Interval One (1) acre or less two (2) feet Larger than one (1) acre five (5) feet

(b)   Accuracy shall be no less than 1/2 contour interval.

(c)   Contour interval to twenty (20) feet may be acceptable based on the following criteria:


(a)   Presence of mountainous topography
(b)   Presence of high relief topography
(d)   Contours shall be extended no less than one hundred (100) feet onto adjacent property and shall show significant adjacent topography

c.   Phasing Program: If development is to occur in stages then a detailed phasing program shall be provided in accordance with Paragraph M of these regulations. The program may be in narrative form or incorporated into the Development Plan. The program shall include a breakdown of all land use types and both on-site and off-site transportation and drainage improvements by phase.

2.   Optional submittal information:

a.   The applicant may submit a Preliminary Plan in accordance with Section 48 of these regulations to be processed concurrently with the PUD District rezoning request.

E.   PETITION PROCEDURE

The procedure for processing a PUD application shall be the same as outlined in Section 3 of these regulations excepting that written notice of the public hearing shall be delivered or mailed to adjoining land owners, first class, postage prepaid, at least fifteen (15) days prior to the public hearing. Written consent of the property owner(s) whose properties are included in a request for PUD (Planned Unit Development) District zoning must be provided with the application.

F.   PLATTING

No building permits shall be applied for or granted on any portion of property which is currently zoned PUD District until and unless the property is subdivided and/or platted, as applicable, in accordance with the El Paso County Land Development Code as amended unless otherwise excepted by statute.

G.   PLOT PLAN

No building permits shall be applied for or granted on any portion of property which is currently zoned PUD District until and unless a Plot Plan in conformance with Section 37 is approved by the Development Services Director. Prior to the approval of the Plot Plan the Development Services Director shall find that the land use(s), densities, setbacks, height limits, access locations, the commercial/ industrial floor area square footage and phasing plans as depicted on the Plot Plan are in conformance with the Development Plan as approved by the Board of County Commissioners.

If the recorded Development Plan is drawn in conformance with the Plot Plan require-ments of Section 37 a subsequent submittal and approval of a Plot Plan is not required for the issuance of building permits.

H.   MAINTENANCE PLAN

In cases in which maintenance of roads, common areas, open space, or facilities normally maintained by public entities are proposed to be maintained by homeowners associations, or other nongovernmental bodies, the applicant shall submit a maintenance plan con-forming to the requirements of Section 38. A maintenance statement addressing owner-ship and maintenance shall be submitted with the rezoning request. The maintenance plan shall be submitted concurrently with the Final Plat and recorded prior to or in conjunction with the Final Plat. Failure to maintain areas that are not normally maintained by public entities in a reasonable order and condition in accordance with the approved Planned Unit Development may result in El Paso County, at its own discretion, correcting the deficiencies as provided in C.R.S. 24-67-105 (6) c. and d.

I.   OFF-STREET PARKING

Unless otherwise established by the development plan as approved by the Board of County Commissioners, off-street parking shall be provided in accordance with Section 35.3.

J.   ADVERTISING DEVICES

Unless otherwise established by the development plan as approved by the Board of County Commissioners, advertising devices shall be provided in accordance with Section 35.4.

K.   LANDSCAPING

Unless otherwise established by the development plan as approved by the Board of County Commissioners, landscaping shall be provided in accordance with Section 35.12.

L.   PROVISION FOR PUBLIC FACILITIES AND SERVICES

PUD Districts shall be subject to the terms and requirements of all applicable develop-ment standards and regulations relating to the provision and financing of necessary public services and facilities. Determinations concerning the adequacy and efficiency of the provision of the described public services and facilities, and the financing of the same, shall be based upon standards and criteria adopted by the Board of County Com-missioners, and may include a requirement that the applicant agree, by appropriate written agreement, to contribute a fair and equitable share of the costs of necessary public services and facilities through the payment of development impact fees, special assessments, participation in a local improvement district or special district, or other similar mechanism for the provision and financing of adequate public services and facilities.

M.   DESIGN STANDARDS

1.   In preparation of a rezoning request to the PUD District, the applicant should consider the following standards:

a.   Uses:

1)   Residential - Residential uses shall be designed and located to achieve an efficient and desirable use of land, preservation of natural features and efficient and desirable use and placement of the necessary public and/or private infrastructure.

2)   Non-Residential: Non-Residential uses shall be designed and located to achieve greater convenience to residential areas, efficient and desirable use of land, desirable use and placement of necessary public and/or private infrastructure, and to minimize the impact on transportation and drainage facilities.

b.   Density: The density of land uses within the PUD District shall be compatible with other uses within the PUD District and the surrounding area. Compatibility shall be determined by, but not limited to, type of land uses, transportation system, buffering, landscaping and availability of services.

c.   Open Space: Common open space may be provided within the PUD District. The amount and type should be proportional to the proposed land uses, buildings and densities. Common open space areas should be designed for the occupants/ residents of the PUD District.

Open Space is defined as a parcel of land, an area of water, or a combina-tion of land and water within the site designated for a planned unit development designed and intended to reasonably serve the needs of the residents, occupants and owners of the planned unit development.

d.   Circulation: Development within the PUD District shall be designed and constructed to include adequate, safe and convenient arrangement for pedestrian and vehicular circulation, off-street parking and loading space. Pedestrian and vehicular circulation shall correlate with the external circu-lation system. All roads whether public or private shall be constructed in accordance with Section 49.2 of these regulations.

e.   Drainage: Development within the PUD District shall be designed and constructed to include adequate storm water management including planning, financing, design, construction, operation and maintenance. All drainage facilities whether public or private shall be constructed in accordance with Section 49.2 of these regulations.

f.   Buffering and Screening: Uses, buildings or structures within the PUD District that would not be considered compatible with other uses, buildings or structures within and adjacent to the PUD District shall be adequately buffered and screened to insure their appearance and operation will be compatible to the surrounding uses.

g.   Phasing: If development is to occur in stages a detailed phasing program shall be prepared in conjunction with the Development Plan. The phasing program shall coordinate development of all land use types and both on-site and off-site transportation and drainage improvements in a timely fashion. If open space and/or recreational facilities are proposed development of these land use types shall occur proportionally to the other proposed land uses within the develop-ment. Transportation and drainage improvements shall be constructed within each phase in accordance with the El Paso County Subdivision Regulations.

2.   Modification to Design Standards

a.   Design, construction, and other requirements applicable to a Planned Unit Development may be different from or modifications of the requirements otherwise applicable by reason of any zoning, subdivision or other land use regulation or resolution of El Paso County, so long as such require-ments substantially comply with the subdivision provisions of part 1 of article 28 of title 30, C.R.S., and appropriate regulations promulgated thereunder. No modification from the submittal and review requirements for rezoning and/or subdivision requests as contained within these regulations shall be allowed.

Any request for modification of design, construction or other applicable requirement shall be specifically requested in writing as part of the application for PUD District zoning, and shall be accompanied by appropriate supporting documentation and justification for the modifica-tion request. The Board of County Commissioners may approve a specific modification of the design, construction or other applicable requirement upon a written finding that, in the particular case, the public purposes are satisfied to an equivalent or greater degree.

If no modification request is submitted as part of the application for PUD District zoning, the proposed development shall comply with all applicable zoning, subdivision and other land use regulations for El Paso County.

N.   CONSIDERATION FOR REZONING

In addition to the Land Development Guidelines as outlined in Article II of these Regulations, the Planning Commission and Board of County Commissioners shall consider the following in making their decision on an PUD District rezoning request:

1.   That proper posting, publication, and public notice was provided as required by law for the hearings before the Planning Commission and the Board of County Commissioners of El Paso County.

2.   That the hearings before the Planning Commission and the Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and reviewed, and that all interested parties were heard at those hearings.

3.   That the proposed land use will be compatible with existing and permitted land uses in the surrounding area, and will be in harmony and responsive with the character of the surrounding area.

4.   That the proposed land use does not permit the use of any area containing a com-mercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor.

5.   That a need for the development is demonstrated.

6.   That existing and proposed public services and facilities are adequate for the pro-posed development, and that proposed public services and facilities will be timely provided.

7.   That the existing and proposed internal/external transportation network is suitable and adequate to carry the anticipated traffic generated by the proposed development, and that the proposed transportation network improvements will be timely provided.

8.   That the proposed development will not have a negative effect upon the existing and future development of the surrounding area.

9.   That the proposed PUD District zoning will achieve and advance the stated purposes set forth in this Section, and is in the best interest of the health, safety, morals, convenience, order, prosperity, and welfare of the citizens of El Paso County.

As set forth in Section 24-67-104 (1) (f), C.R.S., a finding by the County that such PUD District rezoning request is in general conformity with the Master Plan or any amendment thereto is required.

O.   EFFECT OF APPROVAL

Upon approval of a rezoning to the PUD District by the Board of County Commissioners the development plan shall be the controlling document, establishing land use(s), densities, setbacks, height limits, lot coverage and access points. Said development plan shall be recorded in the Clerk & Recorder's Office of El Paso County, Colorado, in conjunction with the Board of County Commissioners' approval Resolution establishing said zone. Said zoning and development plan shall be binding on the owner/applicant, his heirs, successors, and assigns.

The provisions of the approved Development Plan shall prevail and govern development within a PUD District, provided, however, that where the provisions of the approved De-velopment Plan do not address a particular subject the relevant provisions of the El Paso County Zoning and Subdivision Resolutions, as amended, or any other applicable resolutions or regulations of El Paso County shall be applicable.

P.   RECORDING OF THE DEVELOPMENT PLAN

Upon approval by the Board of County Commissioners of an PUD District rezoning request, the applicant shall provide to the Development Services Department a development plan as approved by the Board of County Commissioners drawn with permanent India ink or produced by a photographic process on a polyester (mylar) film, 24" x 26" in size, suitable for reproducing.

The following information shall be depicted on the development plan to be recorded:

1.   All information required on the initial development plan.

2.   The following General Provision Statements:

a.   "Authority

The authority of this Development Plan is Part IV, Section 17.5 (Planned Unit Development District) of the El Paso County Zoning Resolution. The Authority for Section 17.5 of the El Paso County Zoning Resolution is the Colorado Planned Unit Development Act of 1972."

b.   "Adoption

The adoption of this Development Plan shall evidence the findings and decision of the Board of El Paso County Commissioners that this Development Plan for (name of development) is in general conformity with the El Paso County Master Plan, is authorized by the provision of Part IV, Section 17.5 of the El Paso County Zoning Resolution, and that such Part IV, Section 17.5 and this Development Plan comply with the Colorado Planned Unit Development Act of 1972, as amended."

c.   "Relationship to County Regulations

The provisions of this Development Plan shall prevail and govern the development of (name of development), provided, however, that where the provisions of this Development Plan do not address a particular subject, the relevant provisions of the El Paso County Zoning Resolution, as amended, or any other applicable resolutions or regulations of El Paso County, shall be applicable."

Upon presentation of the development plan, as approved by the Board of County Commissioners, to the Development Services Department, the signatures of the Chairman of the Board of County Commissioners and the Development Services Director shall be affixed to the document.

No changes, erasures, modifications, or revisions shall be made on the development plan upon the affixing of all signatures to said plan. The development plan shall not be recorded until all conditions which require satisfaction before recording can take place are satisfied.

The applicant shall pay recording fees as required prior to recording the development plan.

Q.   AMENDMENT TO THE DEVELOPMENT PLAN

1.   Any request to make a major change to an approved Development Plan shall be processed as a new application for rezoning to the PUD District as outlined in Paragraphs D. and E. of this section. The following would be considered major changes to the Development Plan: Increased density Decreased perimeter setbacks Major changes in building location, arrangement of parking, or open space Change in unit type (townhouse to apartments, etc.) Projects over 20 acres: Over 10% reduction in area of open space Over 10% increase in lot coverage Projects under 20 acres: Over 5% reduction in area of open space Over 5% increase in lot coverage

No major change shall occur unless the Board of County Commissioners, after review by the Planning Commission, finds that the proposed major change is consistent with the efficient development and preservation of the entire Planned Unit Development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the Planned Unit Development or the public interest, and is not granted solely to confer a special benefit upon any person.

2.   The Development services Director may approve minor modifications from the recorded Development Plan in the approval of a Plot Plan. Such minor changes shall be limited to siting of buildings, interior access or arrangement of parking, and/or open space. The applicant shall substantiate to the Development Services Director that the minor modification is required by engineering or other circumstances not foreseen during the approval of the Development Plan. The Development Services Director shall not approve a minor modification if the modification does not substantially conform to the approved Development Plan.

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