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El Paso County |
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Land Development Code |
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Chapter 4. SPECIAL PURPOSE, OVERLAY, AND OBSOLETE ZONING DISTRICTS |
§ 4.2. SPECIAL PURPOSE ZONING DISTRICTS
4.2.1. R-T, Residential-Topographic District
(A)
Purpose. The R-T district is intended to accommodate residential use in regions of extreme topographical conditions.
(B)
Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the R-T district are shown in the Use Table in Chapter 5.
(C)
Use and Dimensional Standards. All uses and development in the R-T district are subject to the use and dimensional standards listed in Table 4-2.
Table 4-2. R-T District Use and Dimensional Standards
Description Standard Minimum Lot Area 5 acres Minimum Lot Width 200 feet Minimum Setbacks Front 25 feet Side 25 feet (5 feet) Rear 25 feet Maximum Lot Coverage 30% Maximum Height 30 feet Specific uses may be subject to larger minimum lot area requirements. Measured at front building setback line. Side setback is 5 feet for lots less than 5 acres in area. (D)
General Development Standards. All uses and development in the R-T district are subject to the general development standards in Chapter 6.
4.2.2. MHP, Mobile Home Park District
(A)
Purpose. The MHP district is intended to promote an acceptable living environment for occupants of mobile home parks.
(B)
Allowed, Special, Accessory, and Temporary Uses.
(1)
General. The allowed, special, accessory, and temporary uses in the MHP district are shown in the Use Table in Chapter 5.
(2)
Recreational Vehicles. A temporary use permit shall be obtained for the placement of recreational vehicles for purposes of occupancy within a mobile home park. The placement of recreational vehicles within a mobile home park shall be limited to a maximum of 5% of the individual mobile home spaces as shown on the approved site development plan. The placement of a recreational vehicle within a mobile home park is limited to one year. A new temporary use permit shall be obtained for each one year period. The temporary use is specific to the vehicle.
(C)
Use and Dimensional Standards. All uses and development in the MHP district are subject to the following use and dimensional standards.
(1)
Lot Area. The minimum lot area for mobile home parks is 10 acres.
(2)
Road Frontage. Mobile home parks shall have at least 60 feet of frontage on a public road.
(3)
Height. Buildings and structures shall not exceed 30 feet in height.
(D)
Mobile Home Park Standards. Mobile home parks established in the MHP district are subject to the following development standards.
(1)
Water and Sewer. Mobile home parks shall be served by a central water and sewer system.
(2)
Access to Mobile Home Parks. Mobile home parks shall have access from a public road. A minimum of 2 access drives at least 15 feet in width shall be provided from a public road to the mobile home park's internal road system. One access drive shall be at least 28 feet in width, be designed to accommodate two lanes of traffic, and have sidewalks on both sides. No parking is allowed on the access drives. The access drives and sidewalks shall be hard-surfaced.
(3)
Internal Roadways. The internal roads shall be: hard-surfaced; have a minimum width of 28 feet; and be privately owned, constructed, and maintained. The internal roads shall be designed and constructed to provide safe and convenient access to all spaces and facilities for common use. The internal roads shall be designed to provide adequate space for utilities within or adjacent to the roadway.
(4)
Signage. All internal roads shall be identified by a clear and legible road sign and each mobile home and manufactured home site shall be clearly marked with an address for emergency response purposes.
(5)
Internal Pedestrian Sidewalks. Hard-surfaced sidewalks shall be provided on both sides of internal roads. Sidewalks shall have a minimum width of 3 feet, excluding curb and gutter.
(6)
Landscaping. In addition to meeting the landscaping standards in Chapter 6, the boundary of the mobile home park where not abutting the boundary of another mobile home park or mobile home subdivision shall be landscaped with hedges, evergreens, shrubbery, or a 6-foot screening wall to serve as a buffer from the adjacent property. The landscaping or walls shall be located on privately owned land and be privately constructed and maintained.
(7)
Recreation Area Requirements. At least 8% of the gross area of the mobile home park shall be set aside for recreational purposes for use by the residents of the park. Sidewalks shall be provided to the recreational facilities. Recreations areas may be left as open playground areas or developed with recreation facilities, and shall be privately owned, constructed and maintained.
(8)
Outdoor Storage Area. A minimum of 100 square feet of hard-surfaced storage area per mobile home space shall be provided in a common storage area with a security fence. This area is for outdoor storage for mobile home park residents only.
(9)
Mobile Home Space Size and Setback Standards. The setbacks and dimensional standards in Table 4-3 shall apply to all mobile home parks.
Table 4-3. MHP District Mobile Home Park Space and Setback Standards
Description Standard Minimum Space Size 2,800 square feet Minimum Space Width 40 feet Minimum Space Depth 70 feet Minimum Mobile Home Setbacks From Front Line of Space 20 feet From Side Line of Space 10 feet From Rear Line of Space 10 feet From Any Mobile Home 20 feet From Exterior Lot Line of Mobile Home Park 25 feet Minimum Accessory Structure Setbacks From Front Line of Space Not Allowed From Side Line of Space 5 feet From Rear Line of Space 5 feet From Any Interior Roadway 20 feet From Exterior Lot Line of Mobile Home Park 25 feet 10 feet is allowed if 2 off-street parking spaces are provided on the side of the mobile home. (10)
Number of Units Per Space. Only one mobile home shall be located on each mobile home space.
(11)
Building Separation. All buildings or structures that are park facilities, including park offices and community buildings shall maintain a 20 foot separation from mobile homes and accessory buildings or structures.
(12)
Animals. The occupants of each mobile home may keep a maximum of 4 dogs or cats, subject to the requirements of Chapter 5.
(13)
Site Development Plan Approval Required. Site development plan approval is required for all mobile home parks prior to placement of a mobile home. The site development plan shall comply with the addressing requirements of the Building Department and any road naming conventions adopted by the County.
(14)
Subdivision Approval Required. Occupancy of a mobile home within a mobile home park is not allowed until the property is platted in accordance with the requirements of this Code, unless otherwise exempted from subdivision by State Statute.
(15)
Maintenance Plan. If roads, sidewalks, landscaping, common areas, open space, utilities, or other facilities are to be maintained by a homeowners' association (HOA), the applicant shall submit a maintenance plan in accordance with Chapter 6. If the mobile home park is exempted from subdivision, the maintenance statement addressing ownership and maintenance shall be submitted with the site development plan and recorded prior to the issuance of a building permit. If the approval of the mobile home park requires subdivision, the maintenance plan shall be submitted concurrently with the plat and recorded in conjunction with the plat.
(16)
Site Plan Approval Required. Site plan approval is required prior to building permit authorization for any individual mobile home or building within the park.
(E)
General Development Standards. All uses and development in the MHP district are subject to the general development standards in Chapter 6.
4.2.3. MHP-R, Mobile Home Park District-Rural
(A)
Purpose. The MHP-R district is intended to: (1) ensure and promote an acceptable living environment for the occupants of mobile home park developments in areas that cannot be reasonably served by central sewage treatment facilities and otherwise without reasonable access to full urban services; (2) encourage efficient and functional use of rural land for mobile/manufactured home park developments; and (3) minimize potential impacts on surrounding land uses.
(B)
Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the MHP-R district are shown in the Use Table in Chapter 5.
(C)
Use and Dimensional Standards. All uses and development in the MHP-R district are subject to the following use and dimensional standards, unless the BoCC expressly waives or modifies one or more of the requirements in the approval of the rezoning, based on a determination by the BoCC that compliance with one or more of the standards is not necessary to protect the health, safety, or welfare of the public or to manage the potential impacts of the land use on nearby properties.
(1)
Lot Area. The minimum lot or parcel area for mobile home parks is 35 acres.
(2)
Density. Residential density shall not exceed 1 dwelling unit per 2.5 acres. Clustering of units is encouraged providing all development standards are met.
(3)
Height. Buildings and structures shall not exceed 30 feet in height.
(4)
Setback Standards. The setbacks shown in Table 4-4 shall apply to all buildings and structures in a MHP-R zoning district.
Table 4-4. MHP-R Setback Standards
Minimum Setback for Buildings and Structures Standard From All Exterior Property Lines 50 feet From Other Dwellings Units 50 feet From 100-year Floodplain 100 feet (D)
Mobile Home Park Standards.
(1)
Number of Units per Site. Only one mobile home shall be located on each mobile home space. A maximum of 2 dwelling units may be served by an OWTS if approved by the EPCPH.
(2)
Road Frontage. Mobile home parks shall have at least 400 feet of frontage on a public road.
(3)
Access.
(a)
10 or More Dwelling Units. Mobile home parks containing 10 or more dwelling units shall have direct access to a public or private road with a paved or chip and seal surface.
(b)
Fewer Than 25 Dwelling Units. Mobile home parks with fewer than 25 dwelling units shall have a minimum of one direct point of access on a public road.
(c)
25 or More Dwelling Units. Mobile home parks with 25 or more dwelling units shall have a minimum of one direct point of access on a public road and a second access point that is sufficient for use by emergency vehicles.
(d)
No Driveway Access from Dwelling Unit to Public Road. No direct driveway access from mobile home spaces to a public road is allowed.
(4)
Internal Road Design. Internal roads shall at a minimum be gravel surfaced. Hard surfacing shall be required for all internal roads projected to carry 200 or more vehicle trips per day. Hard surfacing of internal roadways may be deferred until traffic thresholds are met either by collateralizing the improvements with the PCD or recording a limit on development in the Office of the Clerk and Recorder.
(5)
Internal Road Maintenance. All interior roads, trails or drainage facilities shall be privately maintained.
(6)
Signage. All internal roads shall be identified by a clear and legible road sign and each mobile home and manufactured home space shall be clearly marked with an address for emergency response purposes.
(7)
Utility Easement. Easements for public utility lines shall be granted along property boundaries consistent with the policies of the applicable service providers.
(8)
Water. All mobile home parks shall comply with all standards and requirements governing public drinking water supplies, if a central water system is utilized. New or expanded rural mobile home parks shall comply with the water quality standards of Chapter 6. When applicable, the mobile home park shall comply with the CDPHE Technical, Managerial, and Financial (TMF) Capacity Review and Construction Approval requirements.
(9)
OWTS. Any mobile home park shall comply with all requirements and standards of the EPCPH and the CDPHE, as applicable regarding wastewater disposal. All new or expanded mobile home parks shall submit a wastewater disposal report pursuant to Chapter 8. Percolation tests shall be performed at a minimum of 20% of all proposed septic system locations unless an alternate procedure is determined to be acceptable by the EPCPH. A maximum of 2 units may be served by a single OWTS, if approved by the EPCPH.
(10)
Fire Protection. All mobile home parks shall be included within or have a service commitment from an organized fire protection district; meet all applicable regulations of the local fire department; and construct and maintain at least one on-site source of water supply for fire suppression unless the source of water supply is not required by the servicing fire department.
(11)
State Requirements. Mobile home parks shall comply with the CDPHE "Sanitary Standards and Regulations for Mobile Home Parks," as applicable. Mobile home parks are exempt from the following sections of the "Sanitary Standards and Regulations for Mobile Home Parks":
• Section 3.2, except grasses, weeds and other vegetation shall be mowed in the immediate vicinity of structures and common areas, and as required by fire codes and BoCC ordinance.
• Section 3.3, except illumination may be required in accordance with Chapter 6.
• Section 5.2-5.14, except in cases where either central water or central sewer service is being provided.
• Section 9.18, except all structures shall conform to the Building Code.
(12)
Leasing. Mobile home spaces may be leased for long-term occupancy.
(13)
Landscaping and Fencing. The boundary of the mobile home park shall be landscaped or fenced. Hedges, evergreens, shrubbery, screening wall or an agricultural fence may be installed to serve as a buffer or barrier from adjacent property. Landscaping, fences or walls shall be privately owned, constructed and maintained. Internal landscaping is not required.
(14)
Animals. The occupants of each mobile home or manufactured home may keep a maximum of 4 dogs or cats, subject to the requirements of Chapter 5.
(15)
Agriculture. Agricultural operations such as farms, ranches, dairies, and livestock sales and feed yards are prohibited on the same property if they are located within 100 feet of any mobile home used as a residence. Hobby farms and community gardens are allowed, but only within designated common areas depicted on the approved site development plan.
(16)
Trash Pickup. Scheduled trash pick-up shall be arranged and maintained by the park owner. If centralized collection locations are used, they shall be screened, secured and maintained by the park owner and comply with EPCPH regulations.
(17)
Site Development Plan. Site development plan approval is required for all mobile home parks prior to the placement of a mobile home. The site development plan shall comply with the addressing requirements of the Building Department and any road naming conventions adopted by the County.
(18)
Maintenance Plan. A maintenance plan shall be submitted and approved by the PCD Director prior to issuance of a building permit. The maintenance plan shall comply with Chapter 6 and specifically include a schedule for septic system pumping and other required maintenance and repair.
(E)
General Development Standards. All uses and development in the MHP-R district are subject to the General Development Standards in Chapter 6.
4.2.4. MHS, Mobile/Manufactured Home Subdivision District
(A)
Purpose. The MHS district is intended to accommodate mobile/manufactured home subdivisions where individual lots are established and may be conveyed.
(B)
Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the MHS district are shown in the Use Table in Chapter 5.
(C)
Use and Dimensional Standards. All uses and development in the MHS district are subject to the following use and dimensional standards.
(1)
Minimum Area of Subdivision. Mobile/manufactured home subdivisions shall have a minimum area of 20 acres.
(2)
Road Frontage. Mobile/manufactured home subdivisions shall have at least 60 feet of frontage on a public road.
(3)
Water and Sewer. Mobile/manufactured home subdivisions shall be served by a central water and sewer system.
(4)
Height. Buildings and structures shall not exceed 30 feet in height.
(5)
Roads. The internal road system shall be designed to ensure safe and efficient traffic circulation. The road system shall be designed to serve the local needs of the neighborhood and to provide direct access to the abutting properties. Road access to mobile/manufactured home subdivisions shall be provided in accordance with the standards of Chapter 8 and the ECM. Public right-of-way shall be dedicated and public improvements constructed in accordance with the standards of Chapter 8.
(6)
Private Internal Roads. Private roadways shall be designed for safe and convenient accesses to all lots and to facilities for common use and provide adequate space for utilities. Private roadways shall be privately owned, constructed and maintained. All private roads shall be hard-surfaced and have a minimum width of 28 feet.
(7)
Sidewalks. Hard-surfaced sidewalks shall be provided on both sides of internal roadways whether public or private, in accordance with Chapter 8 and the ECM.
(8)
Fencing and Landscaping. The boundary of the mobile/manufactured home subdivision shall be surrounded by a screening wall or fence with a minimum height of 6 feet. Along the mobile/manufactured home park subdivision boundaries abutting a public park or public open space hedges, evergreens and shrubbery in accordance with Chapter 6 may be used in lieu of a fence. All fences, screening, buffers, open spaces, recreational areas, and setback areas shall be privately owned, constructed and maintained.
(9)
Mobile/Manufactured Home Subdivision Lot Size and Setback Standards. The setback and dimensional standards in Table 4-5 apply to all mobile/manufactured home subdivisions.
Table 4-5. MHS Lot Size and Setback Standards
Description Standard Minimum Lot Size for Homes Less Than 14 Feet In Width 5,000 square feet Minimum Lot Size for Homes 14 Feet or More In Width 6,000 square feet Minimum Home Setbacks From Front Lot Line 20 feet From Side Lot Line 5 feet From Rear Lot Line 5 feet Minimum Accessory Structure Setbacks From Front Lot Line 20 From Side Lot Line 5 feet From Rear Lot Line 5 feet From Any Home 10 feet 10 feet is allowed if 2 off-street parking spaces are provided on the side of the home. No home may be erected in, placed on or extend over a utility or drainage easement unless approved in writing by the entity or entities having jurisdiction over the easement. (10)
Alternative Dimensional Standards.
(a)
Authority. The PDC Director may approve alternative dimensional standards on a case by case basis where meeting the setback requirements is not possible due to narrowness, shallowness, shape, topographic condition, or to provide limited flexibility to lot standards when it is determined that no substantial detriment to the public good, nor harm to the general purpose and intent of this Code, will be caused.
(b)
Review Criteria. For the PCD Director to approve alternative dimensional standards the following criteria shall be met:
• The strict application of the standard(s) in question is unreasonable or unnecessary given the development proposal or the property has extraordinary or exceptional physical conditions that prevent the structure from meeting the required dimensional standard(s);
• The intent of this Code and the specific regulation in question is preserved;
• The granting of the alternative dimensional standard(s) will not result in an adverse impact on surrounding properties; and
• The granting of the alternative dimensional standard(s) will not allow an increase in the number of dwelling units on a parcel.
(11)
Foundation Requirement. Mobile homes or manufactured homes may have either a temporary or permanent foundation, as required by the local authority having jurisdiction.
(12)
Number of Mobile or Manufactured Homes per Lot. Only one mobile or manufactured home shall be located on each lot.
(13)
Building Separation. All buildings or structures shall maintain separation from other buildings and structures as required by the Building Code.
(14)
Skirting. All mobile homes shall be skirted.
(15)
Lots on Exterior Boundary of Subdivision. Lots on the periphery of a mobile/manufactured home subdivision shall front toward the interior of the mobile/manufactured home subdivision. No lot in the mobile/manufactured home subdivision may front on a road where the opposite side of the road is outside the MHS district.
(16)
Site Plan. Site plan approval is required prior to authorization for any mobile or manufactured home to be placed or building to be constructed within a mobile/manufactured home subdivision.
(17)
Maintenance Plan. If roads, sidewalks, landscaping, common areas, open space, recreational facilities, or other facilities are to be maintained by a HOA, the applicant shall submit a maintenance plan in accordance with Chapter 6. A maintenance statement addressing ownership and maintenance shall be submitted with the rezoning request. The maintenance plan shall be submitted concurrently with the final plat and recorded in conjunction with the final plat.
(18)
Platting. Occupancy of any mobile or manufactured home within a mobile home subdivision is not allowed until the property is platted in accordance with the requirements of this Code, unless otherwise exempted by State Statute.
(D)
General Development Standards. All uses and development in the MHS district are subject to the general development standards in Chapter 6.
4.2.5. RVP, Recreational Vehicle Park District
(A)
Purpose. The RVP district is intended to accommodate recreational vehicle parks, which are sites used for the location of occupied recreational vehicles.
(B)
Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the RVP district are shown in the use table in Chapter 5.
(C)
Use and Dimensional Standards. All uses and development in the RVP district are subject to following standards.
(1)
Minimum Area of Park. Recreational vehicle parks shall have a minimum area of 5 acres.
(2)
Density. No more than 25 recreational vehicles are allowed per acre of land.
(3)
Road Frontage. Recreational vehicle parks shall have at least 60 feet of frontage on a public road.
(4)
Height. Buildings and structures in the RVP district shall not exceed 30 feet in height.
(5)
Access. Recreational vehicle spaces shall access the interior roadway system within the park. No road access to any space from a public right-of-way is allowed.
(6)
Internal Roads and Sidewalks. The internal road system in a recreational vehicle park shall be privately owned, constructed and maintained, and shall be designed for safe and convenient access to all spaces and to facilities for common use by park occupants, and comply with the fire department or authority requirements. The roads shall be at least 25 feet in width for 2-way and 18 feet in width for one-way travel. The radius on all curves shall be at least 40 feet. If cul-de-sacs are used, adequate vehicular turning space shall be provided, with a minimum turning radius of 40 feet. Road grades shall not exceed 6%. Sidewalks shall be provided to serve, accessory, and recreational buildings. Road and sidewalks shall be adequately lighted, in conformance with Chapter 6 and shall be hard-surfaced.
(7)
Water and Sewer. Water and wastewater facilities, including any sanitation dump stations, serving the recreational vehicle park shall comply with CDPHE and EPCPH regulations. If tent camping is allowed, provisions shall be made for appropriate sanitary facilities, to the satisfaction of the EPCPH.
(8)
Fire Protection. The recreational vehicle park shall comply with fire code regulations of the appropriate fire department or authority. Fires may only be made in stoves and other equipment intended for such purposes. The recreational vehicle park shall be kept free of litter, rubbish, and other inflammable materials.
(9)
Landscaping. Landscaping shall be in conformance with the requirements of Chapter 6. The boundary of the recreational vehicle park shall be buffered with, landscaping, hedges, evergreens, shrubbery or a 6-foot screening wall or fence installed to serve as a buffer from adjacent property. The landscaping, fences, or walls and adjacent setback areas shall be privately owned, constructed and maintained.
(10)
Recreation Area Requirements. At least 8% of the total area of a recreational vehicle park shall be set aside as open space for recreational purposes for park users. This area may not include area reserved for service facilities, setbacks, or other non-useable areas.
(11)
Storage Areas. Separate areas for temporary storage of boats, pull behind trailers, etc, if requested by PCD shall be reflected on the site development plan.
(12)
Recreational Vehicle Setback Standards. All recreational vehicles shall meet the setbacks in Table 4-6. Recreation vehicle park spaces shall be designed and located to ensure the setbacks will be met.
Table 4-6. Recreational Vehicle Setback Standards
Description Standard Minimum Recreational Vehicle Setbacks From All Property Lines 15 feet From Other Recreational Vehicles 20 feet From Local or Collector Roads 25 feet From Arterial or Expressway 50 feet From Any Building or Structure 20 feet Minimum Accessory Structure Setbacks From Exterior Lot Line of Park 25 feet (13)
Private Towers. Private towers, except crank up towers attached to vehicles, shall not be located upon recreational vehicle spaces. Private towers may be located within common areas, subject to the requirements of Chapter 5.
(14)
Animals. The occupants of each recreational vehicle may keep a maximum of 4 dogs or cats, subject to the requirements of Chapter 5.
(15)
Site Development Plan. Site development plan approval is required for all recreational vehicle parks prior to occupancy of the park. Any locations proposed for temporary events, storage or tent camping shall be reflected on the site development plan.
(16)
Maintenance Plan. A maintenance statement addressing ownership and maintenance shall be submitted with the rezoning request, in accordance with Chapter 6. The maintenance plan shall be submitted concurrently with the plat and recorded in conjunction with the plat. If the recreational vehicle park is exempted from subdivision, then the maintenance plan shall be submitted and recorded prior to approval of the site development plan.
(17)
Platting. Occupancy of a recreational vehicle is not allowed until the property is platted in accordance with the requirements of this Code, unless otherwise exempted by State Statute.
(18)
Signage. Any signage associated with the recreational vehicle park, and any temporary events shall conform to the requirements of Chapter 6.
(D)
General Development Standards. All uses and development in the RVP district are subject to the General Development Standards in Chapter 6.
4.2.6. PUD, Planned Unit Development District
(A)
Purpose. The Planned Unit Development (PUD) district is a versatile zoning mechanism to encourage innovative and creative design and to facilitate a mix of uses including residential, business, commercial, and industrial, recreation, open space, and other selected secondary uses. This zoning district is established in accordance with C.R.S. §§ 24-67-101, et seq., to accomplish the following objectives:
• To further the public health, safety and general welfare within El Paso County;
• To permit adjustment to changing public and private needs and to foster the ability to provide development patterns which are more compatible with and effective in meeting such needs;
• To improve the design, character and quality of new development with flexibility by varying lot size, building heights, setback controls and other site development requirements;
• 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 including mixed use and traditional neighborhood design and by the conservation and more efficient use of open space ancillary to said buildings;
• To encourage more efficient use of land services reflecting changes in the technologies and economies of land development;
• To provide housing of all types and designs to be located in proximity to employment and activity centers such as shopping, recreational, and community centers, healthcare facilities, and public transit;
• To achieve development economies to minimize impacts on existing infrastructure and to encourage the most efficient use of public infrastructure while limiting the costs of providing services and to reduce the burden on existing streets and utilities by more efficient development;
• To promote layout, design and construction of development that is sensitive to the natural land form and environmental conditions of the immediate and surrounding area, including scenic vistas, natural features and environmental resources;
• To ensure that provision is made for beneficial open space, to provide for active, usable open spaces, and to preserve open areas;
• To encourage integrated planning systems to achieve the objectives of and to otherwise implement the stated purpose and intent of this Code and the Master Plan;
• To create an integrated and fixed set of land use controls which allow multiple and mixed uses in one coordinated development; and
• To establish a basis for vested property rights for multi-year projects.
(B)
Allowed, Special, Accessory, and Temporary Uses. The allowed, special, accessory, and temporary uses in the PUD zoning district are established by the approval of the PUD zoning and the associated development plan and development guide. All uses identified within a PUD are subject to corresponding use specific development standards in the Land Development Code, as amended, unless otherwise modified by the PUD. Some uses may be subject to additional local, State, and/or federal regulation(s) which the BoCC may use as a basis to deny requests for PUD modification.
(C)
Limitations on the Development of a PUD Zoning District. An approved PUD development plan is required before any building permits or use permits may be issued within a PUD zoning district, subject to compliance with application subdivision regulations.
(D)
Approval Criteria For PUD Zoning. The Planning Commission and BoCC shall determine that the following criteria have been met to approve a PUD zoning district:
• The proposed PUD District zoning advances the stated purposes set forth in this Section;
• The application is in general conformity with the Master Plan;
• The proposed development is in compliance with the requirements of this Code and all applicable statutory provisions and will not otherwise be detrimental to the health, safety, or welfare of the present or future inhabitants of El Paso County;
• The subject property is suitable for the intended uses and the use is compatible with both the existing and allowed land uses on the neighboring properties, will be in harmony and responsive with the character of the surrounding area and natural environment; and will not have a negative impact upon the existing and future development of the surrounding area;
• The proposed development provides adequate consideration for any potentially detrimental use to use relationships (e.g. commercial use adjacent to single family use) and provides an appropriate transition or buffering between uses of differing intensities both on-site and off-site which may include innovative treatments of use to use relationships;
• The allowed uses, bulk requirements and required landscaping and buffering are appropriate to and compatible with the type of development, the surrounding neighborhood or area and the community;
• Areas with unique or significant historical, cultural, recreational, aesthetic or natural features are preserved and incorporated into the design of the project;
• Open spaces and trails are integrated into the development plan to serve as amenities to residents and provide a reasonable walking and biking opportunities;
• The proposed development will not overburden the capacities of existing or planned roads, utilities and other public facilities (e.g., fire protection, police protection, emergency services, and water and sanitation), and the required public services and facilities will be provided to support the development when needed;
• The proposed development would be a benefit through the provision of interconnected open space, conservation of environmental features, aesthetic features and harmonious design, and energy efficient site design;
• The proposed land use does not permit the use of any area containing a commercial mineral deposit in a manner which would unreasonably interfere with the present or future extraction of such deposit unless acknowledged by the mineral rights owner;
• Any proposed exception or deviation from the requirements of the zoning resolution or the subdivision regulations is warranted by virtue of the design and amenities incorporated in the development plan and development guide; and
• The owner has authorized the application.
(E)
PUD Development Plan May be Approved as a Preliminary Plan. The PCD Director may authorize the combination of a preliminary plan map with a PUD development plan for BOCC consideration and approval, provided all submittal requirements of the PUD development plan and preliminary plan are met. The eligible PUD development plan shall contain all the information required on a preliminary plan. The PUD development plan shall meet all statutory requirements of a preliminary plan as contained in C.R.S. §30-28-133. The combined development plan and preliminary plan [PUD development plan] shall meet the applicable standards for a preliminary plan in Chapter 6 regarding general development standards, fire protection, and environmental considerations; the preliminary plan review standards in Chapter 7, as well as the PUD zoning review and approval criteria which includes general conformance with the Master Plan; and the subdivision [design and report] requirements in Chapter 8 which address subdivision design, exactions, utilities, provision of water and wastewater, and public improvements. Water sufficiency shall be determined at this time; however, the Board of County Commissioners may defer findings of sufficiency to the final plat stage if requested by the applicant.
Approval of the combined PUD development plan and preliminary plan shall be a discretionary act of the BOCC. Compliance with the technical standards of either process alone shall not be deemed to constitute compliance with all review and approval standards. The Planning Commission and BOCC shall find the following additional criteria for a preliminary plan has also been met:
• The proposed subdivision is in general conformance with the goals, objectives, and policies of the Master Plan;
• The subdivision is consistent with the purposes of this Code;
• The subdivision is in conformance with the subdivision design standards and any approved sketch plan;
• A sufficient water supply has been acquired in terms of quantity, quality, and dependability for the type of subdivision proposed, as determined in accordance with the standards set forth in the water supply standards [C.R.S. §30-28-133(6)(a)] and the requirements of Chapter 8 of this Code;
• A public sewage disposal system has been established and, if other methods of sewage disposal are proposed, the system complies with state and local laws and regulations, [C.R.S. §30-28-133(6) (b)] and the requirements of Chapter 8 of this Code.
• All areas of the proposed subdivision, which may involve soil or topographical conditions presenting hazards or requiring special precautions, have been identified and the proposed subdivision is compatible with such conditions. [C.R.S. §30-28-133(6)(c)];
• Adequate drainage improvements complying with State law [C.R.S. §30-28- 133(3)(c)(VIII)] and the requirements of this Code and the ECM are provided by the design;
• Legal and physical access is or will be provided to all parcels by public rights-of-way or recorded easement, acceptable to the County in compliance with this Code and the ECM;
• The proposed subdivision has established an adequate level of compatibility by (1) incorporating natural physical features into the design and providing sufficient open spaces considering the type and intensity of the subdivision; (2) incorporating site planning techniques to foster the implementation of the County's plans, and encourage a land use pattern to support a balanced transportation system, including auto, bike and pedestrian traffic, public or mass transit if appropriate, and the cost effective delivery of other services consistent with adopted plans, policies and regulations of the County; (3) incorporating physical design features in the subdivision to provide a transition between the subdivision and adjacent land uses; (4) incorporating identified environmentally sensitive areas, including but not limited to, wetlands and wildlife corridors, into the design; and (5) incorporating public facilities or infrastructure, or provisions therefore, reasonably related to the proposed subdivision so the proposed subdivision will not negatively impact the levels of service of County services and facilities;
• Necessary services, including police and fire protection, recreation, utilities, open space and transportation systems, are or will be available to serve the proposed subdivision;
• The subdivision provides evidence to show that the proposed methods for fire protection comply with Chapter 6 of this Code; and
• The proposed subdivision meets other applicable sections of Chapter 6 and 8 of this Code.
(F)
General Standards and Requirements.
(1)
Ownership. A PUD zoning district may be established for any parcel, tract, or lot or group of parcels, tracts, or lots held under a single ownership or unified control.
(2)
Establishment and Applicability of Standards.
(a)
Established Purpose and Intent of PUD Zoning District. The development plan and development guide shall include a statement establishing the purpose and intent of the PUD zoning district.
(b)
Establishment of the Mix and Intensity of Land Uses.
The land use types and mix, the land use intensity (maximum gross residential density and maximum square footage for non-residential land uses), the maximum building heights, and the design elements (e.g. traditional neighborhood design) shall be established by the PUD zoning district.
(c)
Approval of Density. Density shall be as established by the PUD development plan and/or development guide as approved by the BoCC in consideration of the following:
• Adopted Master Plan;
• Compatibility with the surrounding neighborhood;
• Traffic considerations;
• Impact upon public facilities, utilities and schools;
• The natural characteristics of the land; and
• Water availability.
(d)
Use, Dimensional and Development Standards Included. Use, dimensional, and development standards are intended to present a collection of criteria necessary for development within the PUD district. The use, dimensional, and development standards for a PUD district shall be set forth in the approved PUD development plan and/or development guide and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, building height, building elevations, coverage, parking, access, screening, landscaping, open space, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other standards necessary to the administer the plan. The dimensional standards including interior and exterior boundary and setbacks, setbacks from major roadways, setback buffers between uses areas and other similar setback requirements for the PUD district shall be those established by the PUD development plan and development guide. The PCD may prepare standardized development plan and development guide templates for use by PUD plans.
(e)
Basis for Standards. The use, dimensional, and development standards established within a PUD development plan and development guide should generally be based on existing zoning districts in the LDC. The use, dimensional, and development standards from an existing LDC base zoning district may be applied by the PCD Director in the event of inadvertent omission of a required use, dimensional, and development standard.
(f)
ECM Criteria and Standards. The ECM criteria and standards shall control within a PUD district unless specifically modified by the PUD development plan and development guide.
(g)
Modifications of LDC Standards. Detailed standards shall be provided within the PUD development plan and development guide where any general development standard within this Code or any criteria or standard in the ECM is intended to be modified by the PUD district, or where any additional standards, not otherwise required by this Code or the ECM, will be applied within the PUD district. The Land Development Code and Engineering Criteria Manual Administrators shall provide a recommendation to the BoCC for any proposed modification of the respective regulations. PUD modifications shall be limited to standards or criteria internal to the PUD district. Variation from standards external to the PUD district shall require a waiver of the LDC or deviation from the ECM.
Variance from approved standards within an approved PUD shall occur in accordance with the provisions for relief of density and dimensional standards in Chapter 5 of this Code.
(h)
Modification of Existing LDC or ECM Standard. For approval of a modification of a general development standard in the LDC or criteria or standard of the ECM, the BoCC shall find that the proposal provides for the general health, safety, and welfare of the citizens and at least one of the following benefits:
• Preservation of natural features;
• Provision of a more livable environment, such as the installment of street furniture, decorative street lighting or decorative paving materials;
• Provision of a more efficient pedestrian system;
• Provision of additional open space;
• Provision of other public amenities not otherwise required by the Code; or
• The proposed modification is granted in exchange for the open space and/or amenity designs provided in the PUD development plan and/or development guide.
A statement citing the reason for any modifications to this Code or the ECM shall be provided in the PUD development plan and development guide. The modification request shall be submitted and reviewed concurrently with the PUD map amendment (rezone) application. The modified development standard or engineering criteria within a PUD district shall become the basis of review and approval for any subsequent development application.
(i)
Applicability of Standards Established by PUD. All buildings, structures and land uses in a PUD district shall be located, designed, used, and occupied in accordance with the standards established in the zoning and concept plan, development plan and development guide. The standards established by the zoning and concept plan, development plan and development guide shall apply to the subdivision plats for the subject property where such standards specifically modify an LDC or ECM standard.
Where no applicable standard has been established in the zoning and concept plan, development plan or development guide, or where development standards in an approved PUD defer to the requirements of the Land Development Code, unless otherwise specified the requirements of the Code, as amended, shall be applied.
(j)
Enforcement of PUD Standards. Enforcement of all use, density, dimensional, and development standards, engineering criteria, including modifications of the same within a PUD district shall rest with the BoCC.
(3)
Maintenance of Common Areas. The provision of an acceptable maintenance entity (e.g., HOA, Architectural Control Committee, Special District, etc.) is required to ensure maintenance of common areas, project landscaping, parking, drive aisles, fencing and building exteriors, emergency access points and similar facilities and amenities. Maintenance agreements and/or covenants shall provide suitable guarantees for such maintenance.
(4)
Review Standards Incorporated into Development Plan and Guide. The review standards for authorization of building permits with the PUD district shall be incorporated into the PUD development plan and development guide and provide efficient review and approval of permits if any special permitting provisions are proposed.
(5)
Amenities in Phased Projects. Timely provision of open space, recreational facilities, and other amenities shall be guaranteed through appropriate financial assurances, development agreements or other mechanisms acceptable to the County. Amenities shall be included in each construction phase of the project.
(6)
PUD Zoning District Compatibility. The PUD district shall be compatible with surrounding uses. Compatibility includes, but is not limited to, size, scale, mass, and landscaping. Uses shall be determined by evaluating the general uses, building height, setback, offset, size, density, traffic, dust, noise, harmony, character, open space, screening, health, safety and welfare.
(7)
Limitations on Establishing a PUD District. A proposed PUD District shall not be approved if such approval would result in a circumvention of the variance procedures contained in this Code or if such approval would result in the circumvention or appealing of a decision of the County.
(8)
Common Open Space.
(a)
Intent. Common open space is intended to increase the quality and uniqueness of the development. Open space provides enjoyable space while adequately buffering various uses. Common open space includes any usable tract of land or water unimproved and set aside, dedicated, designated or reserved for public or private use or for the use and enjoyment of owners or occupants of land adjoining or neighboring the area. In utilization of a PUD, common open space may include any of the uses and or structures identified within this section.
(b)
PUD Zoning District Open Space Requirement. The amount and type of open space provided in a PUD district shall be proportional to the intensity of the applicable base zoning districts identified in the PUD district and uses specified in the application. In no case, however, shall the open space provided be less than 10% of the gross site area.
Open Space Requirements in Residential PUD Districts
Unless otherwise modified by the BoCC, a minimum of 10% of the gross PUD development area shall be set aside as open space. Individual phases within the PUD are not required to provide 10% open space within each phased area where a planned network of open space is provided in the overall PUD development plan.
Open Space Requirements in Commercial PUD Districts
Open space requirements within a commercial PUD may be provided as pedestrian amenities through the modification process. Substitution of pedestrian amenities shall not be counted toward any required buffer or screening requirements.
(c)
Calculation of Residential Open Space. The calculation of open space area shall include all common public or privately held open space areas. Constructed storm water facilities may be included in the open space calculation if comprising less than 10% of the required open space, recreational areas, trails and greenways. Open space shall also include landscape areas that are not occupied by buildings or uses (such as storage or service areas), and private courtyards. Individual, private residential or commercial lot areas shall not be included in the open space calculation unless the open space areas located on private lots are subject to open space easements and restrictions. Parking areas and public and private roads shall not be included in the open space calculation. For multifamily, townhome and condominium developments, common open space and other recreational amenities accessible to the residents of the project may be credited toward the overall PUD district open space requirement. Any required urban park dedication shall be credited against the open space calculation.
(d)
Usable Residential Open Space. Open space shall be concentrated in large usable areas. No less than 25% of the gross land area of open space shall be contiguous and usable.
(e)
Allowed Uses within Open Space. Unless otherwise specified within the PUD development plan or development guide, the allowed land uses in areas designated as open space, conservation, preservation or other similar term are limited to the following:
• Recreation activities which use the land with minimum disturbance and which do not utilize structures or permanently installed equipment except as provided in this Section;
• Recreational trails for non-motorized use, except that motorized wheelchairs are permitted;
• Perimeter fence with a maximum height of 7 feet;
• Signs that are accessory to an allowed open space use not exceeding 6 square feet in area;
• Structures under 250 square feet for restrooms, picnic shelters, maintenance equipment, storage or other use accessory to a permitted open space use;
• Properly managed grazing of horses, cattle, sheep, goats, wildlife or other grazing or browsing animals;
• Forest management activities designed to promote healthy and aesthetic forests or to meet wildfire mitigation objectives; and
• Parking areas for the recreational facilities;
• Playgrounds, athletic fields, golf courses;
• Pedestrian amenities; and
• Other uses and structures identified through the modification process.
(f)
Minimum Setbacks from Open Space and Trails. Minimum setback of privately owned buildings to trails and open space within a residential PUD district shall be 10 feet.
(g)
Maintenance of Open Space or Common Areas. Open spaces or common areas within a PUD district including those spaces being used as public or private recreation sites, shall be protected by adequate covenants running with the land, conservation easements, deed, or plat restrictions. Open space, recreational facilities or other amenities to be provided shall be guaranteed by suitable financial assurances. Financial assurances shall not be required if:
• Acceptable provisions are included within the development agreement that guarantee the provision of these amenities in a timely manner; or
• Amenities are included in each construction phase of the project adequate to serve the residents within the phase; or
• A HOA or special district has committed to maintaining the facilities.
(h)
Evaluation of Open Space. In evaluating the proposed open space areas within a PUD district, the following factors shall be considered:
• The El Paso County Parks Master Plan;
• The environmental characteristics and significance of the site;
• The location, use and relationship of the proposed open space areas to the development areas within the PUD district (Public or private common use open space areas should be accessible and available to the occupants of any proposed residential dwellings);
• Provision for adequate trails systems including bicycle, pedestrian, and equestrian trails as appropriate;
• The buffering needs of adjacent existing and planned land uses;
• Neighborhood, community, and regional recreational use area standards as applied to the proposed resident population of the PUD district;
• Applicable school standards for the number, type and location of public schools based upon the proposed resident population of the PUD district (Combined, joint use school and park sites are encouraged); and
• View corridors within and through the property and other visual and scenic assets of the site.
(9)
Circulation and Access. Development within the PUD district shall be designed and constructed to include adequate, safe, and convenient arrangement for pedestrian and vehicular circulation, and parking and loading spaces. Pedestrian and vehicular circulation shall correlate with the external circulation system. All roads shall be constructed in accordance with the provisions of the ECM.
(10)
Drainage. The storm drainage system shall be designed in accordance with the ECM.
(11)
Buffering and Screening. Uses or structures within and adjacent to a PUD district shall be adequately buffered and screened to make their appearance and operation harmonious with the surrounding uses.
(12)
Landscaping. Landscaping and any landscaping design guidelines established within the development plan or development guide shall conform to the requirements of this Code, with the exception of local residential roads pursuant to Section 6.2.B.2.e. of this Code. No building permit shall be issued for any building or any portion of a PUD district until the landscaping required by the landscape plan is in place or a landscaping completion agreement has been entered into which complies with the requirements of Chapter 6 of this Code.
(13)
Architecture. A set of architectural guidelines shall be included within the development plan or development guide that provides for a variety of architectural designs while ensuring that structures are compatible with other structures in the PUD district or a subarea of the PUD district. Modifications to the architectural guidelines may only be required by the County if necessary to implement a specific standard or requirement in this Code.
(14)
Parking. Unless otherwise established by the zoning and concept plan, development plan, or development guide, parking shall be provided in accordance with Chapter 6 of this Code.
(15)
Signage. Unless otherwise modified by the zoning and concept plan, development plan, or development guide, all signs within the PUD district shall comply with the requirements of Chapter 6 of this Code.
(16)
Adequate Facilities. A PUD district will be approved only if there is a demonstration that adequate public facilities and services for the project can be provided. The cost to the County will be considered in light of the project's impact existing or proposed public facilities. In addition, it shall be shown that the project's land use mix, rate of anticipated build out, and overall developer commitments are adequate to support the infrastructure and other costs which shall be borne by the development.
Determinations concerning the adequacy and efficiency of the provision of the described public services and facilities, and the financing of the same, shall be based upon standards and criteria within this Code and the ECM, and may include a requirement to contribute a fair and equitable share of the costs of necessary public services and facilities through the payment of development fees, special assessments, participation in a local improvement district or special district, or other similar mechanism for the provision and financing of adequate public services and facilities.
(17)
Phasing Plan. The establishment of a PUD district shall include a comprehensive phasing plan. The phasing plan shall present a logical development sequence for subareas of the area covered by the PUD district designed to provide for cost effective roadway, utility and other infrastructure and service extensions.
(18)
Development Agreement. A development agreement is a negotiated contract between the County and a developer of property that shall provide the costs of all on-site and off-site capital improvements necessary to implement the proposed development. Local roads and service lines may be provided for at the time of platting through a SIA. The development agreement shall be recorded concurrently with the PUD development plan and development guide, and may include financial assurance to construct approved public or private improvements in advance of the recorded final plat.
(G)
Documents and Action Establishing PUD Zoning District.
(1)
Development Plan.
(a)
Description. The approved PUD development plan constitutes the approved overall zoning plan for the property. The development plan is the detailed plan for a property which generally indicates the final planned use of the property, building and parking locations, building elevations, service connections, and landscape and other important site improvements. This plan sets forth the final plans for development of the PUD district. The development plan shall cover the total area of the PUD district.
(b)
Effect of Approval and Recording. The approved development plan shall be recorded and placed on file at the PCD and shall serve as the basis for review and approval of the subsequent preliminary plan, final plat, or site development plan application. Any future development plan and development guide for any portion of the approved PUD shall substantially conform to the recorded development plan. The subject property is zoned PUD at the time of approval of the development plan. All subsequent uses and actions shall conform to the development plan.
The property owners, and their successors, heirs, or assigns shall be bound by the approved development plan, including any conditions of approval, or amendments approved either by the PCD Director or BoCC.
(2)
Development Guide.
(a)
Description. The development guide sets forth the specifics for allowed uses including special and accessory uses, densities, dimensional standards, landscaping, buffering and screening requirements, parking, fire prevention, signing, open space, maintenance, phasing and other important development controls for each use area and the property as a whole.
(b)
Effect of Approval and Recording. The property owners, and their successors, heirs, or assigns shall be bound by the approved development guide, including any amendments thereto approved by the PCD Director or BoCC. The approved development guide shall be recorded concurrently with the development plan, and the recording information referenced on the development plan.
(3)
Vesting. The development plan and development guide may be considered a site specific development plan for purposes of vesting if vesting is specifically requested. Any such request shall be accompanied by a request that meets the vesting requirements of this code. If vesting is specifically requested and meets the requirements of this Code for vesting, vesting shall occur at the time the development plan and development guide are filed for recording with the Clerk and Recorder.
(H)
Actions Amending a PUD Zoning District. The Planning and Community Development Director may approve a minor amendment to an approved PUD which is determined will have no foreseeable effect beyond the property boundary, such as minor changes in the siting of buildings, changes to landscape features in the interest of public safety, or the alignment of utilities and the alignment of interior roadways and parking areas. No such changes shall significantly increase the size or height of structures, significantly reduce the efficiency or number of public facilities serving the PUD, significantly reduce or increase parking areas, or significantly encroach on natural features proposed by the plan to be protected.
(I)
PUD Zoning and Conceptual Plans (ZCP) Approved Prior to the Adoption of this Code. Any ZCP approved prior to the adoption of this Code or as otherwise amended, shall be governed by the conditions of Board approval as contained in the recorded Board Resolution of the same and the Code in effect at the time of approval. No building permits or uses shall be authorized within such ZCP prior to approval and recordation of a PUD development plan and final plat in conformance with the provisions and requirements of the Land Development Code.
(Res. No. 15-503, Exh. A, 12-15-2015; Res. No. 16-164, 5-17-2016)