Chapter 17-38 Planned Unit Development I. General

(C) To insure that the provisions of the zoning laws 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;

(D) 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;

(E) To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economics may enure to the benefit of those who need homes;

(F) To lessen the burden of traffic on streets and highways;

(G) To encourage the building of new neighborhoods incorporating the best features of modern design;

(H) To conserve the value of the land;

(I) 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; and

(J) To encourage integrated planning in order to achieve the above purposes and the directives of the current master plan. (Ord. 725 §1, 1987)

17-38-020 Coordination with subdivision and other regulations.

(A) Review of a preliminary plat under title 16 (if there is one) shall be carried out simultaneously with the review of a PUD plan under this chapter. The PUD plan and any preliminary plat shall cover the same area.

(B) Review of a final plat under title 16 shall be carried out simultaneously with or prior to review of a site development plan under this chapter. The site development plan may include some or all of a final plat.

(C) A PUD plan or a site development may vary the provisions of titles 14, 16, and 17, B.M.C., but only to the extent specifically shown on an approved PUD plan or site development plan.

(D) In a PUD zone district, except for uses permitted by right, no building shall be erected nor shall a building permit or certificate of occupancy be issued unless a site development plan has been approved by the city council. (Ord. 725 §1, 1987; Ord. 1098 §1, 1994; Ord. 1111 §25, 1995; Ord. 1288 §2, 1997; Ord. 1415 §4, 1999; Ord. 1425 §1, 1999)

17-38-030 Concept plan review.

(A) Prior to any official submittal of a PUD plan or site development plan or an amendment to a PUD or site development plan, the applicant shall submit a concept plan to the city council for initial concept review at any regular or special meeting or at a study session. The applicant may also, at its discretion, submit the plan to the land use review commission for its review. It is intended that the land use review commission or the city council discuss with the applicant any significant concern about the plan. No official action is taken at this stage by either the land use review commission or the city council. Plan amendments which meet the criteria for administrative modifications as included in section 17-38-230, B.M.C., shall not be subject to concept plan review.

(B) The city manager may administratively exempt a plan from the provisions of subsection (A) if the following criteria are met:

(1) The plan includes ten or fewer dwelling units;

(2) The plan provides for no more than two additional nonresidential building sites or the development of less than 5,000 square feet of nonresidential building;

(3) The proposed plan or use is in conformity with the master plan;

(4) The city manager determines that the plan will not result in significant traffic, visual, noise, odor, or other impact on neighboring properties;

(5) For PUD plan amendments, the plan represents a change in use of less than ten percent of the land area incorporated within the plan; and

(6) The plan does not propose development requiring significant deviation from city code or administrative policy.

(C) The property that is the subject of a concept plan review shall be posted in accordance with section 17-52-050, B.M.C.

(D) Any comment, suggestion, or recommendation made by any member of the land use review commission or by any councilmember on any concept review plan is gratuitous and does not bind or otherwise obligate either the land use review commission or the city council to any course of conduct or decision after an applicant makes an official submittal of a plan to the city.

(E) Upon submission of an application for a concept review plan, an application fee of $500.00 shall be paid to the city for a concept plan for ten acres or more of land and $200.00 for a concept plan for less than ten acres of land. (Ord. 725 §1, 1987; Ord. 1070 §1, 1994; Ord. 1111 §26, 1995; Ord. 1122 §1, 1995; Ord. 1183 §1, 1996; Ord. 1692 §2, 2002)

17-38-035 Display of PUD plan and site development plan in on-site sales offices.

Copies of the approved and recorded site development plan and of the approved and recorded PUD plan for any residential development shall be conspicuously displayed in the sales office of any residential development that occupies an on-site sales office for the sale of dwelling units. (Ord. 1171 §1, 1996)

II. PUD Plan

17-38-040 PUD plan; scope.

A PUD plan must include all contiguous property in one ownership. (Ord. 725 §1, 1987)

17-38-050 PUD plan; format.

(A) PUD plans shall be in black ink or photographic reproduction, on four-mil thickness mylar (double matted polyester film). The scale shall ordinarily be 1” = 100'. A larger scale or a smaller scale (not less than 1” = 200') may be used with prior approval of the city manager or his or her designee.

(B) The size of the sheets shall be as required by the county where the PUD plan is to be filed.

17-38-060 PUD plan; contents.

The PUD plan shall contain the following information:

(A) All information listed in section 16-16-040, B.M.C.

(B) Identification of all proposed land uses by area, type, location, and size.

(1) Overall design concept;

(2) Design concept for each type of residential layout or lot size;

(3) Type and style of dwellings or buildings;

(4) If project is a deviation from master plan:

a. Detailed description of architecture and site design;

b. Lot sizes and distribution within project;

c. Residential dwelling size according to lot size; and

d. Percentage distribution of residential dwelling size and lot size.

(D) Project phasing plan showing projected build-out dates for each area.

(E) Statement of methods for addressing unique features of the site.

(F) Chart with each land use area listed showing the following information:

(1) Gross acreage;

(2) Floor area ratios (for commercial and industrial);

(3) Number of dwellings units (for residential);

(4) Dwelling units per acre (for residential);

(5) Minimum lot sizes;

(6) Minimum setbacks of principal, accessory buildings;

(7) Minimum floor areas (for residential);

(8) Maximum building height; and

(9) Principal and accessory uses.

(G) A list of any proposed deviations from the provisions of titles 14, 16, or 17, B.M.C.

(H) Certification for approval by the land use review commission with signature lines for the chairman and secretary.

(I) Certification for approval by the city council with signature lines for the mayor and city clerk.

(J) The location of any plugged and abandoned oil and gas well and its production site or any former oil and production sites located within the boundaries of the PUD plan or within 200 feet of such boundaries on abutting property. (Ord. 725 §1, 1987; Ord. 1111 §27, 1995; Ord. 1399 §1, 1999; Ord. 1698 §7, 2002)

17-38-070 PUD plan; accompanying information.

The PUD plan shall be accompanied by all information required in section 16-16-050, B.M.C. (Ord. 725 §1, 1987)

17-38-080 PUD plan; hearing and notice; land use review commission.

The land use review commission shall hold a public hearing on the PUD plan. Notice shall be given in accordance with the provisions of chapter 17-52. (Ord. 725 §1, 1987; Ord. 1111 §28, 1995)

17-38-090 PUD plan; recommendation; land use review commission.

Within thirty days of the conclusion of its public hearing, the land use review commission shall adopt a resolution of approval, disapproval, or conditional approval. If the recommendation is for conditional approval, the conditions under which the PUD plan would be acceptable shall be set forth. (Ord. 725 §1, 1987; Ord. 1111 §29, 1995)

17-38-100 PUD plan; hearing and notice; city council.

The city council shall hold a public hearing on the PUD plan. Notice shall be given in accordance with the provisions of chapter 17-52. (Ord. 725 §1, 1987)

17-38-110 PUD plan; decision; city council; recording.

(A) Within thirty days of the conclusion of its public hearing on the PUD plan, the city council shall adopt a resolution of approval, disapproval, or referral back to the land use review commission for further study.

(B) The PUD plan shall include a legal description of the real property within the boundaries of the PUD plan and a vicinity map showing the location in the city of the PUD plan, which shall be recorded in the office of the director of recording, elections, and motor vehicles. (Ord. 725 §1, 1987; Ord. 1111 §30, 1995; Ord. 1399 §2, 1999; Ord. 1658 §1, 2001)

17-38-120 PUD plan; review standards.

The recommendation of the land use review commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed PUD plan meets the following standards:

(A) The proposal should be consistent with the intent of this chapter as set forth in section 17-38-010.

(B) The proposal should be consistent with the master plan.

(C) The proposal should identify and mitigate potential negative impacts on nearby properties, other areas of the city, and the city as a whole.

(D) The proposal should identify and maximize potential positive impacts on nearby properties, other areas of the city, and the city as a whole.

(E) The proposal should include adequate facilities for pedestrians, bicyclists, and motorists.

(F) The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion.

(G) The proposal should optimize conservation of energy, water, and other resources on a broad scale.

(H) The land uses within the plan should be compatible with one another and with nearby properties.

(I) The proposal should provide for open space at a rate of not less than forty percent of the developable site in residential areas and twenty-five percent in other areas as provided in section 17-38-240, below.

(J) The proposal should adequately provide for an organization for ownership and maintenance of any common areas.

(K) The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan. (Ord. 725 §1, 1987; Ord. 1111 §31, 1995)

17-38-130 PUD plan; modification.

Any modification to an approved PUD plan requires the same review by the land use review commission and the city council as the original PUD plan. (Ord. 725 §1, 1987; Ord. 1111 §32, 1995)

17-38-135 Site development plan required; PUD plan revocation.

(A) The owner of any property for which there is an approved PUD plan shall submit a site development plan for the property within five years from the date on which the PUD plan was approved by the city council. If a site development plan is not submitted to the city within five years, the city council is authorized to revoke the PUD plan or revoke any phase of the PUD plan for which a site development plan has not been submitted as hereinafter provided.

(B) The city council is authorized to issue to the owner of such property a notice to show cause why the PUD plan or any phase of the PUD plan should not be revoked for failure by the owner to submit a site development plan. After service of the notice to show cause on the owner, the city council shall set a PUD plan revocation hearing. Service of the notice shall be by personal service or by certified mail.

(C) Prior to a city council revocation hearing, the city council shall refer the matter to the land use review commission for a public hearing and for a recommendation on revocation of the PUD plan.

(D) Public notice for a revocation hearing by the city council and by the land use review commission shall be given in accordance with the provisions of chapter 17-52, B.M.C.

(E) Within thirty days of the conclusion of the public hearing on a PUD plan revocation, the city council may revoke the PUD plan by resolution. Such resolution shall be recorded in the county in which the PUD plan was recorded.

(F) The land use review commission recommendation and the city council decision shall take into consideration the following applicable standards in determining whether to revoke a PUD plan:

(1) Compliance of the PUD plan with the master plan;

(2) Compatibility of the PUD plan with the area surrounding the PUD plan;

(3) The need for the uses in the area included within the PUD plan;

(4) The effect of the PUD plan upon future development of the area;

(5) The impact of traffic generated by the PUD plan on the neighborhood and the surrounding area;

(6) The effect of the PUD plan on community facilities in the neighborhood and on the surrounding area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands, and open space;

(7) The impact of the PUD plan on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems, and street systems;

(8) Compliance of the PUD plan with the Standards & Specifications for Design and Construction of Public Improvements in force at the time of the public hearing;

(9) Failure by the owner to meet a date established in the PUD plan for the commencement of construction of the PUD plan or for a phase of the PUD plan; and

(10) Compliance of residential PUD plans with the uniform standards for residential use PUD plans in force at the time of the public hearing.

(G) On and after the effective date of this section, PUD plans approved by the city council shall include the following notation: “This PUD plan or any phase hereof may be revoked by the City Council if a site development plan is not submitted to the City of Broomfield within five years from the date of approval of this PUD plan by the City Council.” (Ord. 1277 §1, 1997; Ord. 1415 §1, 1999)

17-38-137 Amendment to PUD plans proposed by the city manager.

(A) The city manager is authorized to propose amendments to any approved PUD plan. Proposed amendments may include the deletion or the modification of any permitted use, development standard, phase or phasing schedule, design guideline, or street configuration. Either the text or the graphics in a PUD plan may be the subject of the city manager's proposed amendment to a PUD plan.

(B) The city manager shall notify the owner or owners of any property subject to the PUD that an amendment to the PUD has been proposed, and that a hearing on the proposed amendment will be held before the land use review commission and before the city council. The city manager's notification to the owner or owners shall set forth the reasons for the proposed amendment to the PUD plan and specify the proposed amendment or amendments. Notification to the owner or owners by the city manager shall be by personal service or by certified mail not less than thirty days prior to the public hearing before the land use review commission.

(C) The land use review commission shall hold a public hearing on the city manager's proposed amendment to the PUD plan. Notice of the public hearing shall be given in accordance with the provisions of chapter 17-52, B.M.C. Within thirty days of the conclusion of its public hearing, the land use review commission shall adopt a resolution recommending to the city council the approval, disapproval, or conditional approval of the proposed amendment to the PUD plan. If the recommendation is for conditional approval, the conditions under which the proposed amendment to the PUD plan would be acceptable shall be set forth.

(D) The city council shall hold a public hearing on the city manager's proposed amendment to the PUD plan. Notice of the public hearing shall be given in accordance with the provisions of chapter 17-52, B.M.C. Within thirty days of the conclusion of its public hearing on the proposed amendment to the PUD plan, the city council shall adopt a resolution of approval, disapproval, or referral back to the land use review commission for further study. If the resolution is for approval, it shall be recorded in the county in which the PUD plan was recorded.

(E) The standards of review for the city council and land use review commission, as they may be applicable to a proposal by the city manager to amend a PUD plan, are as follows:

(1) Compliance of the PUD plan with the master plan in force at the time of the public hearing;

(2) Compatibility of the PUD plan with the area surrounding the PUD plan;

(3) The need for the uses in the PUD plan or in the area surrounding the PUD plan;

(4) The effect of the PUD plan upon future development of the area;

(5) The impact of traffic generated by the PUD plan on the neighborhood and the surrounding area;

(6) The effect of the PUD plan on community facilities in the neighborhood and area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands, and open space;

(8) Compliance of the PUD plan with the Standards & Specifications for Design and Construction of Public Improvements in force at the time of the hearing; and

(9) Compliance of residential PUD plans with the uniform standards for residential use PUD plans in force at the time of the public hearing. (Ord. 1280 §1, 1997)

III. Site Development Plan

17-38-140 Site development plan; scope.

A site development plan may include one or more platted lots. A PUD plan and a final subdivision plat must be approved before, or together with, a site development plan. (Ord. 725 §1, 1987)

17-38-150 Site development plan; format.

(A) Site development plans shall be in black ink or photographic reproduction, on four-mil thickness Mylar (double matted polyester film). The scale shall ordinarily be 1” = 50'. A larger scale or a smaller scale (not less than 1” = 200') may be used with prior approval of the city manager or his or her designee.

(B) The size of the sheets shall be as required by the county where the site development plan is to be filed.

17-38-160 Site development plan; contents.

The site development plan shall contain the following information:

(A) Site plan showing the following:

(1) Name of project;

(2) Location and boundaries of site development plan, including a legal description;

(3) Names, addresses, and signatures of the owner, subdivider, and surveyor (who shall be registered by the Colorado State Board of Registration for Professional Engineers and Land Surveyors);

(4) Date of preparation and of any revisions, written and graphic scale, the north arrow (designated as true north);

(5) Chart with each land use area listed showing the following information:

a. Gross acreage;

b. Floor area ratios (for commercial and industrial);

c. Number of dwelling units (for residential);

d. Dwelling units per acre (for residential);

e. Minimum lot sizes;

f. Building coverage, parking and drive coverage, and open space area (all expressed in square feet);

g. Minimum setbacks of principal, accessory buildings;

h. Minimum floor areas (for residential);

i. Maximum building height;

j. Principal and accessory uses; and

k. A statement that any element of the construction, location, design, use, or operation of land or buildings not specifically shown on the approved site development plan in graphic or written form shall conform to the requirements of a specified zone district (e.g., R-1, B-1, I-1);

(6) Location and dimensions of all existing and proposed streets and alleys (showing curb, gutter, and sidewalk location), and location and dimensions of all easements, rights-of-way, and lot lines;

(7) Location and dimension of walks, trails, parking spaces, curb islands, and driveways (with direction of travel shown);

(8) A list of any proposed deviations from the provisions of titles 14, 16, or 17, B.M.C.; and

(9) Location and dimensions for all structures, including refuse and recycling facilities in accordance with section 17-34-060.

(B) Architectural elevations for each structure showing the following:

(1) Overall exterior dimensions;

(2) Materials;

(3) Color scheme;

(4) Signs; and

(5) All faces of the structure, clearly labeled.

(1) Location, species, and size of existing trees;

(2) Trees to be retained;

(3) Location, species, and size of new trees and shrubs;

(4) Location and type of turf, ground cover, and planting areas;

(5) Type and extent of irrigation; and

(6) Retaining and decorative walls, fences, and similar structures.

(D) Grading plan showing the following:

(1) Existing and proposed topography at two-foot contour intervals, referenced to U.S.G.S. data;

(2) Outline drawings of major structures and improvements (existing and proposed); and

(3) Storm drainage improvements and appurtenances.

(E) Site development plans for wireless communications towers shall include the criteria set forth in section 17-35-030 and meet the requirements set forth in section 17-35-050.

(F) The location of any plugged and abandoned oil and gas well and its production site or any former oil and gas production sites located within the boundaries of the site development plan or within 200 feet of such boundaries on abutting property. Site development plans shall be subject to the provisions of chapter 17-56, B.M.C. (Ord. 725 §1, 1987; Ord. 750 §7, 1987; Ord. 1026 §2, 1994; Ord. 1194 §10, 1996; Ord. 1514 §10, 2000; Ord. 1698 §8, 2002; Ord. 1739 §3, 2003)

17-38-170 Site development plan; accompanying information.

The site development plan shall be accompanied by:

(A) Evidence of the existence and status of an organization for ownership and maintenance of any common areas; and

(B) Proof of ownership satisfactory to the city attorney, which may include a recently issued title commitment or title policy.

(C) An earthen fill design report that addresses and mitigates any negative impacts of earthen fill materials. Such report shall be consistent with the international codes adopted in title 15 of the Broomfield Municipal Code and the standards and specifications adopted in chapter 14-04 of the Broomfield Municipal Code.

(D) For plugged and abandoned oil and gas wells or former oil and gas production sites either within the boundaries of the site development plan or within 200 feet of such boundaries on abutting property, the Form 6, the well abandonment report, the plugging verification reports for such wells filed with the Colorado Oil and Gas Conservation Commission, and any Colorado Oil and Gas Conservation Commission reports regarding former oil and gas production sites. (Ord. 725 §1, 1987; Ord. 1598 §3, 2001; Ord. 1698 §9, 2002; Ord. 1858 §8, 2008)

17-38-180 Site development plan; hearing and notice; land use review commission.

The land use review commission shall hold a public hearing on the site development plan. Notice shall be given in accordance with the provisions of chapter 17-52. (Ord. 725 §1, 1987; Ord. 1111 §33, 1995)

17-38-190 Site development plan; recommendation; land use review commission.

Within thirty days of the conclusion of its public hearing, the land use review commission shall adopt a resolution of approval, disapproval, or conditional approval. If the recommendation is for conditional approval, the conditions under which the site development plan would be acceptable shall be set forth. (Ord. 725 §1, 1987; Ord. 1111 §34, 1995)

17-38-200 Site development plan; hearing and notice; city council.

The city council shall hold a public hearing on the site development plan. Notice shall be given in accordance with the provisions of chapter 17-52. (Ord. 725 §1, 1987)

17-38-210 Site development plan; decision; city council; recording.

(A) Within thirty days of the conclusion of its public hearing on the site development plan, the city council shall adopt a resolution of approval, disapproval, or referral back to the land use review commission for further study.

(B) The site development plan shall include a legal description of the real property within the boundaries of the site development plan and a vicinity map showing the location in the city of the site development plan, which shall be recorded in the office of the director of recording, elections, and motor vehicles. (Ord. 725 §1, 1987; Ord. 1111 §35, 1995; Ord. 1399 §3, 1999; Ord. 1658 §2, 2001)

17-38-220 Review standards.

The recommendation of the land use review commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed site development plan meets the following standards:

(A) The proposal should be consistent with the intent of this chapter as set forth in section 17-38-010.

(B) The proposal should identify and mitigate potential negative impacts on nearby properties.

(D) The proposal should include adequate facilities for pedestrians, bicyclists, and motorists.

(E) The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion.

(F) The proposal should optimize conservation of energy, water, and other resources on a site-specific scale.

(G) The land uses within the plan should be compatible with one another and with nearby properties.

(H) The proposal should provide for open area at a rate of not less than forty percent of the developable site in residential areas and twenty-five percent in other areas as provided in section 17-38-240 below.

(I) The proposal should include any common areas serving the site, and adequate provisions should be made for the ownership and maintenance of such areas.

(J) The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan.

(K) The proposal should be consistent with the approved PUD plan.

(L) For residential-use PUD plans and site development plans, the proposal should be consistent with adopted uniform standards. (Ord. 725 §1, 1987; Ord. 1098 §2, 1994; Ord. 1111 §36, 1995; Ord. 1364 §4, 1998)

17-38-225 Building permits required; site development plan revocation.

(A) Within three years from the date on which a site development plan is approved by the city council, the owner is required to apply for and be issued building permits for construction on the property consistent with the site development plan. If the owner is not issued building permits within three years, the city council is authorized to revoke the site development plan as hereinafter provided.

(B) The city council is authorized to issue to the owner a notice to show cause why the site development plan should not be revoked for failure by the owner to receive a building permit. After service of the notice to show cause on the owner, the city council shall set a site development plan revocation hearing. Service of the notice shall be by personal service or by certified mail.

(C) Prior to a revocation hearing, the city council shall refer the matter to the land use review commission for a public hearing and for a recommendation on revocation of the site development plan.

(D) Public notice for a revocation hearing by the city council and by the land use review commission shall be given in accordance with the provisions of chapter 17-52, B.M.C.

(E) Within thirty days of the conclusion of the public hearing on a site development plan revocation, the city council may revoke the site development plan by resolution. Such resolution shall be recorded in the county in which the site development plan was recorded.

(F) The land use review commission recommendation and the city council decision shall take into consideration the following applicable standards in determining whether to revoke a site development plan:

(1) Compliance of the site development plan with the master plan;

(2) Compatibility of the site development plan with the surrounding area;

(3) The need for the uses in the area included within the site development plan;

(4) The effect of the site development plan upon future development of the area;

(5) The impact of traffic generated by the site development plan on the neighborhood and the surrounding area;

(6) The impact of the site development plan on community facilities in the neighborhood and area, including but not limited to schools, library, police and fire protection, recreation facilities, park lands, and open space;

(7) The impact of the site development plan on municipal infrastructure in the area, including but not limited to water service, wastewater service, storm water service, transportation systems, and street systems; and

(8) Compliance of the site development plan with the Standards & Specifications for Design and Construction of Public Improvements in force at the time of the revocation hearing.

(G) On and after the effective date of this section, site development plans approved by the city council shall include the following notation: “This site development plan may be revoked by the City Council if building permits are not issued to the owner by the City of Broomfield within three years from the date of approval of this site development plan by the City Council.” (Ord. 1277 §2, 1997; Ord. 1415 §2, 1999)

17-38-230 Modification.

(A) The city manager or his or her designee may approve modifications to the site development plan if he or she determines the modifications are generally consistent with the approved PUD plan and site development plan. Such modifications are also restricted to the following categories and limits:

(1) Floor area ratios, number and density of dwelling units, building coverage, and overall exterior dimensions may be decreased by any amount or may be increased by not more than ten percent.

(2) Minimum lot sizes and open area may be increased by any amount or may be decreased by not more than ten percent.

(3) Parking and drive coverage may be changed by not more than ten percent.

(4) Location, species, and size of new trees and shrubs, and location and type of turf, ground cover, planting areas, retaining and decorative walls, fences, and similar structures can be changed, provided that materials remain equivalent and locations remain appropriate.

(5) The grading plan may be changed, provided that the city engineer determines there is a sound engineering basis for such change.

(6) Other modifications may be made if, in the opinion of the city manager or his or her designee, they are minor in scope, will not have a detrimental effect on the neighborhood or the project, and satisfy the review standards of section 17-38-220.

(B) Except as provided in subsection (A) of this section, any modification to an approved site development plan requires the same review by the land use review commission and the city council as the original site development plan.

(C) At the discretion of the city manager or his or her designee, a formal or informal hearing may be conducted to assist in making findings relevant to modifications permitted by this section. All costs of notification and hearing shall be borne by the proponent of, or applicant for, the modification. (Ord. 725 §1, 1987; Ord. 849 §1, 1989; Ord. 1111 §37, 1995; Ord. 1364 §5, 1998)

IV. Open Area

17-38-240 Required.

(A) In residential areas of a PUD plan, at least forty percent of the developable site shall be open area.

(B) In commercial and industrial areas of a PUD plan, at least twenty-five percent of the developable site shall be open area.

(C) For the purpose of this section, the “developable site” does not include areas to be dedicated to the city for streets, parks, or other purposes. (Ord. 725 §1, 1987; Ord. 1364 §6, 1998)

17-38-250 Maintenance.

It shall be unlawful for any owner to fail to maintain any common area in good condition, and as shown on the approved site development plan. (Ord. 725 §1, 1987; Ord. 1364 §6, 1998)

V. Fees

17-38-260 Established.

The fee for PUD plans and site development plans, or amendments thereto, shall be paid to the city at the time of submittal and are as follows:

(A) The sum of $650.00, plus $10.00 per acre of land, for PUD plans and site development plans, or amendments thereto, of ten acres or more of land and $250.00 for PUD plans and site development plans, or amendments thereto, for less than ten acres of land; and

(B) The sum of $50.00 for each site development plan modification submitted to the city manager pursuant to section 17-38-230. (Ord. 725 §1, 1987; Ord. 1692 §3, 2002)

VI. Enforcement

17-38-270 Procedure; penalties for violations.

(A) The city may record any PUD plan or site development plan with the office of the clerk and recorder of any county in which the property is located.

(B) It shall be unlawful to violate any provision of this chapter or to violate any restriction or to fail to comply with any requirement of an approved PUD plan or site development plan. Violators shall be subject to the penalties provided in chapter 1-12, B.M.C.

(C) The city may maintain an action for declaratory, injunctive, or other legal or equitable relief to enforce the provisions of this chapter, of an approved PUD plan, or of an approved site development plan.

(D) The city may withhold issuance of building permits, certificates of occupancy, and water and sewer licenses and services for any lot in violation of this chapter or of an approved PUD plan or site development plan.

(E) All penalties and remedies provided for herein are cumulative. No one enforcement action shall preclude or limit any other enforcement action. (Ord. 725 §1, 1987)

VII. Transitional Provisions

17-38-280 Transitional provisions.

(A) All preliminary and final PUD plans approved prior to the effective date of the ordinance repealing and reenacting this chapter shall remain valid and in full force and effect.

(B) A site development plan is required for an area covered by an approved preliminary PUD plan (under prior versions of this chapter), provided that the site development plan must include identification of land uses by area, type, location, and size, and must also include a project phasing plan showing projected build-out dates for each area.

(C) Final PUD plans approved under prior versions of this chapter may be modified in the manner provided in this chapter for site development plans. (Ord. 725 §1, 1987)

VIII. Uniform Subdivision Standards for Residential PUD Plans and Residential Site Development Plans

17-38-300 Intent.

The intent of this article is to establish uniform subdivision standards for PUD plans and site development plans for low and medium density residential development. (Ord. 1288 §1, 1997)

17-38-310 Definitions.

(A) Low-density residential development means an overall average density of four or fewer dwelling units for each gross acre.

(B) Medium-density residential development means an overall average density of more than four dwelling units for each gross acre. (Ord. 1288 §1, 1997)

17-38-320 Standards for low-density residential, single-family detached.

(A) Minimum lot area is 7,000 square feet.

(B) Minimum lot width is seventy feet for an interior lot and eighty feet for a corner lot.

(D) Minimum lot frontage on a cul-de-sac is forty feet.

(E) Minimum lot setbacks.

(1) Front yard is twenty-five feet.

(2) Rear yard is twenty-five feet.

(3) Side yard corner is twenty feet.

(4) Side yard. The minimum side yard setback shall be determined by the maximum building height, which is then applied as follows:

Maximum Building Height	Minimum Side Yard Setback
31 feet to 33 feet	14.5 feet
28 feet to 30.99 feet	12 feet
less than 27.99 feet	10 feet

No portion of any structure, including eaves, overhangs, protecting windows, fireplaces, cantilevers, or any other part of a dwelling shall encroach onto the side yard.

(F) Maximum overall dwelling height is thirty-three feet as measured by the vertical distance from finished ground level at the building wall to the highest point on the roof surface.

(G) Neither fill nor cut shall be utilized at any building site to artificially create a walk-out basement on a lot or to artificially raise the grade adjacent to the building wall to reduce any calculated maximum height. (Ord. 1288 §1, 1997)

17-38-330 Standards for medium-density residential, single-family attached.

(A) Parcel area is 8,000 square feet.

(B) Parcel width is seventy-five feet for an interior lot and eighty-five feet for a corner lot.

(D) Parcel frontage on a cul-de-sac is forty feet.

(E) Minimum parcel setbacks.

(1) Front yard is twenty-five feet.

(2) Rear yard is twenty-five feet.

(3) Side yard corner is twenty feet.

(4) Side yard is ten feet. No portion of any structure, including eaves, overhangs, protecting windows, fireplaces, cantilevers, or any other part of a dwelling shall encroach onto the side yard.

(F) Maximum overall dwelling height is thirty-three feet as measured by the vertical distance from finished ground level at the building wall to the highest point on the roof surface. (Ord. 1288 §1, 1997)

17-38-340 Standards for medium-density residential, single-family detached.

(A) Minimum lot area is 5,000 square feet.

(B) Minimum lot width is fifty feet for an interior lot and sixty feet for a corner lot.

(D) Minimum lot frontage on a cul-de-sac is forty feet.

(E) Minimum lot setbacks.

(1) Front yard is twenty feet.

(2) Rear yard is fifteen feet.

(3) Side yard corner is fifteen feet.

(4) Side yard is seven and one-half feet.

No portion of any structure, including eaves, overhangs, protecting windows, fireplaces, cantilevers, or any other part of a dwelling shall encroach onto the side yard.

(F) Maximum overall dwelling height is thirty-three feet as measured by the vertical distance from finished ground level at the building wall to the highest point on the roof surface.

17-38-350 Exceptions.

For good cause shown by the applicant, the city council may eliminate, alter, or vary some or all of these uniform subdivision standards for a residential PUD plan or for a residential site development plan. (Ord. 1288 §1, 1997)

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