3-70-30 Planned Unit Development (PUD) Designation

(b) Uses of PUDs

• Planned Unit Development designations are used in Pitkin County only to achieve exceptional benefits in three ways critical to the implementation of the Pitkin County Comprehensive Plan:
  1. Preservation of rural character and/or desirable open space in Rural Areas, and/or;
  2. Protection of desirable open space in Urban Areas; and/or
  3. Provision of Affordable Housing in Urban Areas.
• The PUD designation may not be used to obtain variations from the requirements of the underlying zone district in return for additional amenities or benefits in ways other than rural character preservation, open space protection, or affordable housing.

(c) Applicability

• The provisions of this Sec. 3-70-30 shall apply whenever a Planned Unit Development designation is approved after the 5th of July, 2006. A PUD designation may be requested within any zone district within the Rural Area, provided that it is intended to provide greater levels of rural land preservation in those areas than would otherwise be required by this Land Use Code. A PUD designation may be requested within any zone district within the Urban Area, provided that it is intended to protect desirable open space or increase the production or availability of affordable housing. There is no minimum land area requirement for application for a PUD.

(d) Mandatory PUD Designations

• Within the RS-160, RS-35, RS-30, and RS-20 zone districts, the approval of a PUD designation is mandatory in connection with any subdivision of the land. All such PUD designations and related subdivisions shall comply with the provisions of this section.

(e) Ownership Parcel

• A PUD designation must apply to the entirety of an ownership parcel. For purposes of this Sec. 3-70-30, an ownership parcel is defined as all land that is contiguous, or would be contiguous except for intervening roads, owned (i) by an individual or entity, or (ii) by members of the same immediate family, or (iii) by entities with fifty (50) percent or greater common ownership, or (iv) by any combination of the above. The aggregate area of the lots or parcels shall be considered as one (1) lot or parcel regardless of diverse times of acquisition by a common owner and whether or not the property was acquired before adoption of this regulation. Owners of contiguous parcels under separate ownership may jointly file an application for a PUD designation.

(f) Phasing

• A Planned Unit Development (PUD) shall ensure:
  1. Each phase is self-sufficient and not dependent upon later phases;
  2. The failure to develop subsequent phases will not have any adverse impacts on the Planned Unit Development (PUD), its surroundings or the community in general; and
  3. Amenities such as open space and recreational areas are provided along with proposed residential or tourist accommodation construction at each development phase.

(g) Maximum Density

• A PUD is not entitled automatically to the maximum density allowed in the zone district in which the land is located. Density shall be established based upon:
  1. Analysis of environmental factors affecting the land;
  2. Availability of public transportation;
  3. Compatibility with surrounding land uses; and
  4. Consistency with adopted Land Use Policies and the Pitkin County Comprehensive Plan.

(h) Variations in Standards

This section establishes criteria for varying dimensional standards, off-street parking standards, and street standards within a PUD. Standards in Chapter 7 related to Constrained Areas may not be varied.

1. (1) Dimensional Standards
   • (a) Standards that May be Varied
     • Variations to the following dimensional standards, as set forth in Table 5-1, may be approved if the County determines that the criteria in subsection (c) below have been met.
       1. Minimum lot area per dwelling unit;
       2. Minimum front, side, and rear yard and road setbacks;
       3. Minimum lot width;
       4. Maximum height of buildings;
       5. Maximum permitted floor area of an individual house, provided that the total permitted floor area in all dwellings does not increase; and
       6. Minimum usable open space.
   • (b) Overall Density/Intensity of Development
     • Notwithstanding the flexibility provided by subsection (a) above, the overall density or intensity of the development shall not exceed the maximum allowable density or intensity permitted for the property pursuant to Table 5-1.
   • (c) Criteria for Approval
     • The standards listed in subsection (a) above may be varied only if the County determines that the proposed dimensions result in a development that:
       1. Is generally consistent with the scale of surrounding development;
       2. Does not significantly reduce sunlight or create significantly increased shadowing of roads, pedestrian paths, or developed residential properties;
       3. For any increase in height, is accompanied by increased setbacks along any property line adjacent to single or multi-family uses;
       4. Provides protection for the water quality and wildlife habitat in rivers and streams at least equal to that if the dimensions had not been varied; and
       5. Provides areas within the PUD allocated for common usable open space. The common open space shall be used and be suitable, for scenic, landscaping or recreation purposes. The common open space shall be protected from future development, and shall be guaranteed to be available for use by residents of the entire property, through a deed restriction or other legal document, acceptable to the County, and recorded with the clerk and recorder of Pitkin County.
2. Off-Street Parking Standards in Urban Area
   • (a) Standards That May be Varied
     • Within the Urban Area, the off-street parking regulations in Sec. 7-30-20 may be varied if the County determines that the criteria in subsection (b) below have been met.
   • (b) Criteria for Approval
     • The off-street parking standards may be varied only if the County determines that the proposed development:
       1. Accommodates the estimated number of cars that will be owned by future occupants and guests of dwellings in a PUD;
       2. Accommodates the parking needs of any non-residential uses of the development, if any;
       3. Provides adequate vehicle parking and loading to avoid overloading street parking (if any) and to avoid interference with traffic flows, taking into account the varying time periods of various uses in the proposed development, and the availability of public or private transit programs; and
       4. Provides for adequate and environmentally sound storage and drainage of snow, ice, and water from parking areas in an adequate, safe, and efficient manner that will not require significant additional public maintenance.
3. Road Design Standards in Urban Areas
   • (a) Standards that May be Varied
     • Within the Urban Areas, the road design standards in Sec. 7-30-10(c), may be varied if the County determines that the standards in subsection (b) below have been met.
   • (b) Criteria for Approval
     • The road design standards listed in Sec. 7-30-10(c) may be varied only if the County determines that the proposed development:
       1. Provides adequate access for emergency and utility vehicles throughout the development, and provides an access easement for emergency and utility vehicles to use any private roadways in the development for purposes of providing emergency services and for installation, maintenance, and repair of utilities;
       2. Provides safe and convenient access to all portions of the proposed development using roads that fit the site’s natural topography and site conditions, and that follow the contours of the natural terrain;
       3. Provides principal vehicle access points that allow for smooth traffic flow while minimizing hazards to vehicular, pedestrian and bicycle traffic;
       4. Provides internal trails and sidewalks to provide a logical, safe, and convenient system of pedestrian access to proposed lots and common areas, with linkages to off-site areas likely to be used by residents or tenants of the proposed development; and
       5. Provides for storage and drainage of snow, ice, and water from internal streets in an adequate, safe, and efficient manner that will not require significant additional public maintenance.

(i) Criteria for PUD Approval

1. Preservation of Rural Character and Open Space in Rural Area
   • In the Rural and Conservation zone districts, PUDs are used to ensure that any proposed rezoning or development of the land that occurs with a subdivision of land is consistent with the applicable Pitkin County Master Plan, and to ensure that the proposed future uses of the land protect the rural and agricultural character of the land to the maximum extent practicable. A PUD designed to protect rural character in the Rural Area shall only be approved if the County finds that all of the following criteria have been met:
     • (a) The proposed development is consistent with the applicable Pitkin County Master Plan, including the applicable intent statements in this Chapter 3.
     • (b) The proposed development is consistent with all applicable provisions of this Land Use Code, including the siting of any new structures and non-agricultural uses or activities in compliance with all applicable provisions of Chapter 7.
     • (c) The proposed development increases the amount of land protected from development, or provides a greater degree of protection from development (beyond what would otherwise be required by this Land Use Code), or enhances the natural appearance, amenities, agricultural use, or wildlife habitat value, or water quality protection on the land included in the PUD.
     • (d) The proposed development does not include non-residential uses not permitted in the underlying zone district, and does not permit houses larger than the largest size permitted in the underlying zone district as shown in Table 5-1.
     • (e) The proposed development conserves the rural character and appearance of the land to the maximum extent practicable when viewed from County rights-of-way and State Highways.
     • (f) The proposed development locates any new homes or accessory structures exceeding 5,750 square feet in size (excluding barns) where they are not visible from County rights-of-ways and State Highways, if a practicable alternative site exists.
     • (g) The proposed development minimizes disruption of the land from its natural state.
     • (h) The proposed development minimizes interference with off-site agricultural activities or neighboring uses that support agricultural activities.
     • (i) The proposed development locates access roads and driveways to minimize visibility from County rights-of-way and State Highways.
     • (j) The advantages to the County of the additional protection of rural lands from development provided by the proposed development significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property.
2. Protection of Open Space in the Urban Area
   • A PUD designed to protect desirable open space in the Urban Area shall only be approved if the County finds that all of the following criteria have been met:
     • (a) The proposed development (i) preserves and if possible enhances unique site features, and (ii) preserves and protects more open lands in their natural state than would be required by the underlying zone district.
     • (b) The proposed development includes adequate open space for the mutual benefit of all residents and tenants of the proposed development, including residents of on-site affordable housing.
     • (c) The proposed development includes adequate provisions for maintenance of common open space, and such provisions shall be included in a signed agreement between the owner and the County.
     • (d) The advantages to the County of the additional protection of desirable open space provided by the proposed development significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property.
3. Affordable Housing in the Urban Area
   • A PUD designed to provide affordable housing in the Urban Area shall be approved through the adoption of an AH/PUD zone district designation. The AH/PUD zone district provides a tool for negotiation of affordable housing and mixed-income developments in a way that achieves significant progress towards the housing goals established by the Board of County Commissioners’ housing designee. Lands zoned AH2/PUD, AH3/PUD, or AHP/PUD before the 5th of July, 2006 shall be governed by the terms of the PUDs approved for such parcels. Applications for lands to be zoned AH/PUD after the 5th of July, 2006 shall be governed by the provisions of this Sec. 3-70-30. A PUD designed to provide affordable housing in the Urban Area shall only be approved if the County finds that all of the following criteria have been met:
     • (a) The proposed development meets all standards required by Sec. 3-50-80.
     • (b) The proposed development may not offer amenities unrelated to the provision of affordable housing in return for approval of types or intensities of development not permitted in the zone district.
     • (c) The advantages to the County of the additional provision of affordable housing significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property.