Colorado § 24-67-105 - Standards and conditions for planned unit development - definitions.

§ 24-67-105. Standards and conditions for planned unit development - definitions.

(1) Every resolution or ordinance adopted pursuant to the provisions of this article shall set forth the standards and conditions by which a proposed planned unit development shall be evaluated, which shall be consistent with the provisions of this section. No planned unit development may be approved by a county or municipality without the written consent of the landowner whose properties are included within the planned unit development.

(2) Such resolution or ordinance shall set forth the uses permitted in a planned unit development and the minimum number of units or acres which may constitute a planned unit development.

(3) Such resolution or ordinance may establish the sequence of development among the various types of uses.

(4) Such resolution or ordinance shall establish standards governing the density or intensity of land use, or methods for determining such density or intensity, in a planned unit development.

(5) Such resolution or ordinance shall specify information which shall be submitted with the planned unit development application to ensure full evaluation of the application, and the board designated pursuant to section 24-67-104 (1)(c) may require such additional relevant information as it may deem necessary.

(5.3) (a) In a subject jurisdiction, any planned unit development resolution or ordinance that is adopted or approved on or after May 13, 2024, and that allows the construction of one or more single-unit detached dwellings, must not restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling more than the local law that applies to accessory dwelling unit development outside of a planned unit development or in any way that is prohibited by section 29-35-403.

(b) In a subject jurisdiction, any planned unit development resolution or ordinance that was adopted or approved before May 13, 2024, that allows the construction of one or more single-unit detached dwellings, and that restricts the construction of an accessory dwelling unit as an accessory use to any single-unit detached dwelling more than the local law that applies to accessory dwelling unit development outside of a planned unit development:

(I) Shall not be interpreted or enforced to restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling unit in any way that is prohibited by section 29-35-403; and

(II) May be superseded by the adoption of a local law pursuant to section 29-35-403.

(c) Notwithstanding subsection (5.3)(b) of this section, a local government may adopt conforming amendments to any such planned unit development.

(d) As used in this subsection (5.3), unless the context otherwise requires:

(I) "Accessory dwelling unit" has the same meaning as set forth in section 29-35-402 (2).

(II) "Local law" has the same meaning as set forth in section 29-35-402 (13).

(III) "Subject jurisdiction" has the same meaning as set forth in section 29-35-402 (21).

(5.5) (a) Any planned unit development resolution or ordinance that applies within a transit center or neighborhood center that is adopted or approved by a local government on or after May 13, 2024, must not restrict the development of housing in any manner that is inconsistent with the requirements for designating an area as a transit center pursuant to section 29-35-205, or as a neighborhood center pursuant to section 29-35-206.

(b) Any planned unit development resolution or ordinance that applies within a transit center or neighborhood center that is adopted or approved by a local government before May 13, 2024, and that restricts the development of housing in any manner that is inconsistent with the requirements for designating an area as a transit center pursuant to section 29-35-205, or as a neighborhood center pursuant to section 29-35-206:

(I) Must not be interpreted or enforced to restrict the development of multifamily residential dwelling units so that a transit-oriented community could not designate an area as a transit center or neighborhood center that would otherwise qualify as such; and

(II) May be superseded by the adoption of a local law adopted in accordance with the requirements for designation of a transit center pursuant to section 29-35-205, or as a neighborhood center pursuant to section 29-35-206.

(c) Notwithstanding subsection (5.5)(b) of this section, a local government may adopt conforming amendments to any such planned unit development resolution or ordinance.

(d) As used in this subsection (5.5), unless the context otherwise requires:

(I) "Local law" has the same meaning as set forth in section 29-35-103 (12).

(II) "Neighborhood center" has the same meaning as set forth in section 29-35-202 (5).

(III) "Transit center" has the same meaning as set forth in section 29-35-202 (9).

(6) (a) Such resolution or ordinance may provide standards for inclusion of common open space.

(b) The ordinance or resolution may require that the landowner provide for and establish an organization for the ownership and maintenance of any common open space or that other adequate arrangements for the ownership and maintenance thereof be made.

(c) In the event that the organization established to own and maintain common open space, or any successor organization, fails at any time after establishment of the planned unit development to maintain the common open space in reasonable order and condition in accordance with the plan, the county or municipality may serve written notice upon such organization or upon the residents of the planned unit development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty days thereof and shall state the date and place of a hearing thereon which shall be held within fourteen days of the notice. At such hearing the county or municipality may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty days or any extension thereof, the county or municipality, in order to preserve the taxable values of the properties within the planned unit development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any right to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the county or municipality shall, upon its initiative or upon the written request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned unit development to be held by the board designated by the county or municipality, at which hearing such organization or the residents of the planned unit development shall show cause why such maintenance by the county or municipality shall not, at the election of the county or municipality, continue for a succeeding year. If the board designated by the county or municipality determines that such organization is ready and able to maintain said common open space in reasonable condition, the county or municipality shall cease to maintain said common open space at the end of said year. If the board designated by the county or municipality determines that such organization is not ready and able to maintain said common open space in a reasonable condition, the county or municipality may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

(d) The cost of such maintenance by the county or municipality shall be paid by the owners of properties within the planned unit development that have a right of enjoyment of the common open space, and any unpaid assessments shall become a tax lien on said properties. The county or municipality shall file a notice of such lien in the office of the county clerk and recorder upon the properties affected by such lien within the planned unit development and shall certify such unpaid assessments to the board of county commissioners and county treasurer for collection, enforcement, and remittance in the manner provided by law for the collection, enforcement, and remittance of general property taxes.

(7) Design, construction, and other requirements applicable to a planned unit development may be different from or modifications of the requirements otherwise applicable by reason of any zoning or subdivision regulation, resolution, or ordinance of the county or municipality as long as such requirements substantially comply with the subdivision provisions of part 1 of article 28 of title 30 or part 2 of article 23 of title 31, C.R.S., whichever is applicable, and appropriate regulations promulgated thereunder. Subdivision regulations applicable to planned unit developments may differ from those otherwise applicable.

Source: L. 72: p. 510, § 1. C.R.S. 1963: § 106-6-5. L. 75: (7) amended, p. 1271, § 7, effective July 1. L. 2024: (5.3) added, (HB 24-1152), ch. 167, p. 832, § 5, effective May 13; (5.5) added, (HB 24-1313), ch. 168, p. 867, § 2, effective May 13.

ANNOTATION

Law reviews. For article, "New ADU and Occupancy Limit Laws in Colorado", see 54 Colo. Law. 32 (July 2025).

Zoning is not a condition precedent to adoption of planned unit development regulations, nor do defects in the adoption of a county master plan under § 30-28-108 render such regulations null and void. Best v. La Plata Planning Comm'n, 701 P.2d 91 (Colo. App. 1984).

The Planned Unit Development Act authorizes the collection of fees for the maintenance of the common open space, not for school construction. County Comm'rs of Douglas County v. Bainbridge, 929 P.2d 691 (Colo. 1996).