Chapter 3 - § 3.7 • PROCEDURE FOR APPROVAL OF A PUD PLAN

• Jurisdiction: Colorado

§ 3.7 • PROCEDURE FOR APPROVAL OF A PUD PLAN

Each county or municipality that allows PUDs must have a procedure for the submission and review of a PUD application. The PUD Act allows municipalities and counties considerable flexibility in designing their application and approval system. The local PUD enabling ordinance and local land use regulations should be reviewed to determine the particular procedure and requirements. Typical provisions are described below.

§ 3.7.1—Application

Generally, a PUD application must be submitted, and a PUD application typically requires all of the following:

• The legal description of the property.
• The written consent of the landowners to be included in the development.
• A list of adjacent property owners.
• An improvement survey.
• Site, landscaping, and building plans.
• A written statement addressing the criteria for approval.
• A development schedule.
• Copies of any agreements or covenants that will govern the use and maintenance of the property and any common areas.

Often, a developer will need to prepare a development guide that sets forth the standards and conditions for development in the PUD. A development guide may address such matters as: permitted uses in the PUD, building setbacks, lot sizes, building heights, densities, open space, recreational facilities, buffer requirements, lighting, signage, fencing, and landscaping. The development guide will constitute the land use regulations applicable to the PUD. Importantly, legislation adopted in 2005 and amended in 2010 requiring notification to military bases within two miles if a planning or land use regulation would significantly affect density or intensity also applies to the approval of new PUD regulations or approvals.³⁹ In addition, legislation mandating that developments with more than 50 units (or single-family equivalents) must demonstrate adequate water supply applies to PUD applications as well as other forms of development approval.⁴⁰

§ 3.7.2—Review and Consideration of Application

Once an application has been completed and submitted, it will usually be reviewed by the local government's planning department staff, who will make a recommendation to the planning commission. The planning commission will hold a public hearing to review the application and its conformance with the local PUD regulations, and will recommend approval, approval with conditions, or denial of the PUD to the governing body.

The governing body will generally consider the PUD...