Chapter 3 - § 3.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 3.1 • INTRODUCTION

Local zoning regulations generally list permissible uses, development size and intensities, setback requirements, and roadway and open space requirements on a district-by-district basis. In practice, however, they sometimes do not allow some combinations of residential, commercial, public, and recreational uses, or the dimensional flexibility needed for innovative designs. To provide additional flexibility in the use of zoning and subdivision powers, the Colorado General Assembly in 1972 adopted the Planned Unit Development Act (the PUD Act). The powers granted to local governments in that Act also provide an opportunity to integrate design of the buildings and uses approved for a site (traditionally a zoning item) with the design of individual lots within the development (which would otherwise be governed by subdivision regulations).

Importantly, the PUD Act allows local governments wide flexibility in how they exercise the additional land use powers that it grants. For example, Colorado towns, cities, and counties can require that PUDs be documented as a new base zoning district, as a new overlay zoning district, as a revised form of subdivision plat, or through a new form of special permit or approval. The Act spells out in detail the procedural requirements for creation of a PUD ordinance and adoption of individual PUDs under that ordinance, but does not require that the result be a specific form of approval otherwise listed in Colorado land use law. Therefore, this chapter should be read in conjunction with Chapter 2, "Zoning." In addition, PUDs and subdivision regulations often deal with overlapping issues, and in many jurisdictions PUDs are also subject to standard subdivision regulations. In some jurisdictions, subdivisions can be approved at the same time PUD applications are processed, while other jurisdictions require separate approval processes. So, this chapter should also be read in conjunction with Chapter 4, "Subdivisions, Streets, and Access."

Perhaps the most important aspect of the PUD Act, however, is that it enables municipalities and counties wide discretion to negotiate almost every aspect of the proposed development in return for PUD approval. In theory, the planned development process protects the public interest by trading off more flexible local government regulations for a higher level of forethought, design attention, or community amenities from the landowner. To take advantage of the additional flexibility...