Chapter 3 - § 3.2 • AUTHORITY FOR PLANNED UNIT DEVELOPMENTS

• Jurisdiction: Colorado

§ 3.2 • AUTHORITY FOR PLANNED UNIT DEVELOPMENTS

• C.R.S. §§ 24-67-101 to 24-67-108

§ 3.2.1—Planned Unit Development Before State Authorization

Some counties and municipalities had approved PUDs before the enactment of the PUD Act in 1972, and those actions have generally been upheld. In finding that PUDs were implicitly sanctioned by pre-existing zoning law, the Colorado Court of Appeals noted that a PUD rezoning allows for a change in use from the previous zoning, but is usually much more restrictive than a standard rezoning. Its intent is to permit diversification of uses, provided that such uses are in harmony with the surrounding neighborhood, must not jeopardize or reduce zoning standards in the area, and should promote the general welfare of the community.⁶

The essence of a PUD is a deal — an exchange of flexibility by the local government for extra quality, amenities, or something else the community would not otherwise get from the developer. Since neither side is forced to accept the deal if it feels the deal is not fair, there are few limits on what the deal can address. The prime requisites to establishment of a PUD are that it: (1) is compatible with the existing zones from which it was carved; (2) is in general conformity with the comprehensive plan for the community; and (3) complies with and satisfies all of the standards, procedures, and conditions of the local government's PUD ordinance.⁷

§ 3.2.2—State Legislation

• C.R.S. §§ 24-67-101 to 24-67-108

The PUD Act provides that any county or municipality that enacted a resolution or ordinance providing for PUDs prior to enactment of the PUD Act (May 21, 1972) may continue to follow its earlier provisions if it wishes, or it can elect to follow the provisions of the PUD Act.⁸ Cities, towns, and counties that had not previously adopted planned development provisions must follow the provisions of the Act. A county may only approve a PUD for territory within the unincorporated portion of the county, and a municipality may approve a PUD for territory within its corporate limits.⁹

The PUD Act states 10 purposes for authorizing counties and municipalities to permit planned unit developments. Those reasons include: encouraging innovations in residential, commercial, and industrial development and renewal; encouraging a more efficient use of land; reflecting changes in the technology of land development; and providing for necessary commercial, recreational, and educational facilities conveniently...