Chapter 3 - § 3.9 • MODIFICATIONS AND AMENDMENTS TO PUDS

• Jurisdiction: Colorado

§ 3.9 • MODIFICATIONS AND AMENDMENTS TO PUDS

§ 3.9.1—Modification by Local Government

• C.R.S. § 24-67-106(3)(a), (b)

Because those provisions of an approved PUD plan that relate to the use of land and the location of common space run in favor of the county or municipality, those provisions may only be modified, removed, or released by the county or municipality. No modification, removal, or release of the provisions of the PUD plan will affect the rights that the residents, occupants, and owners of the PUD have in the PUD Act to maintain and enforce those provisions. In addition, no substantial modification, removal, or release of the provisions of the PUD plan will be permitted except upon a finding, following a public hearing, that the modification, removal, or release is consistent with the efficient development and preservation of the entire PUD and 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.⁴⁹ Because the original approval of the PUD is required to be "in general conformance" with the community's adopted comprehensive plan, that requirement also applies to the PUD as amended.

In 2005, the Colorado General Assembly modified these requirements to state that where land in a PUD has been set aside for a governmental use or purpose, the governmental entity that holds legal title to those parcels, with the consent of the municipality or county in which the property is located, may modify the terms governing those parcels. More specifically, after holding a hearing similar to that required for the creation of the PUD, the land set aside for government use or purposes may be subdivided, released from restrictions on use, or sold. Prior to such action, however, the municipality or county must find that the land is not required for the governmental use or purpose, or that the change will promote that use or purpose. Notwithstanding the change, the future use of such lands must be consistent with the PUD and the plan.⁵⁰

A second 2005 amendment requires that if a planned community is required to comply with a site plan or development plan, then that community cannot be terminated unless a copy of the terminating agreement is sent to the governing body of each city and county in which it is located.⁵¹ In 2009, the Colorado Supreme Court determined that a fire protection district did not...