Colorado § 24-67-104 - Implementation of article.

§ 24-67-104. Implementation of article.

(1) Any county with respect to territory within the unincorporated portion of the county or any municipality with respect to territory within its corporate limits may authorize planned unit developments by enacting a resolution or ordinance which:

(a) Refers to this article;

(b) Includes a statement of objectives of development;

(c) Designates the board, which may be a commission, board, or the governing body of the county or municipality, authorized to review planned unit development applications as set forth in this article;

(d) Sets forth standards of development consistent with the provisions of section 24-67-105;

(e) Sets forth the procedures pertaining to the application for, hearing on, and tentative and final approval of a planned unit development which shall afford procedural due process to interested parties. The resolution or ordinance shall establish maximum time periods within which any application shall be reviewed and approved, disapproved, or conditionally approved. At least one public hearing shall be held by the board designated pursuant to paragraph (c) of this subsection (1) prior to approval, disapproval, or conditional approval of a planned unit development. Public notice of the public hearing shall be given in the manner prescribed by section 30-28-116 or 31-23-304, C.R.S., whichever is applicable, for the amendment of zoning resolutions and ordinances. Written notice of the public hearing shall be delivered or mailed, first-class postage prepaid, at least fifteen days prior to the public hearing to adjoining landowners.

(f) Requires a finding by the county or municipality that such plan is in general conformity with any master plan or comprehensive plan for the county or municipality.

(2) The enactment of the resolution or ordinance provided for in this section and the enactment of any amendment thereto shall be in accordance with the procedures required for the adoption of an amendment to a zoning resolution or ordinance as prescribed by section 30-28-116 or 31-23-305, C.R.S., whichever is applicable.

Source: L. 72: p. 509, § 1. C.R.S. 1963: § 106-6-4. L. 75: (1)(e) and (2) amended, p. 1270, § 6, effective July 1.

ANNOTATION

Section requires a county or municipality to find that a planned unit development is in general conformity with any master plan or comprehensive plan before the county or municipality approves the planned unit development. Accordingly, board erred in approving an application to rezone land without finding that the application was in general conformance with the county's use plans. Canyon Area Residents for the Env't v. Jefferson County Bd. of County Comm'rs, 172 P.3d 905 (Colo. App. 2006).