§ 62-1463. Same—Rezoning and permitted uses.

(a)

The RPUD zoning classification is designed to allow an applicant to first submit a rezoning application for consideration, consistent with the requirements of section 62-1151 and to allow the board of county commissioners to approve any rezoning application which it believes to be in the best interest of the public health, safety and welfare. Rezoning to the RPUD zoning classification shall be an entirely voluntary procedure to be pursued only at the option of the applicant. Approval of the RPUD zoning classification rests with the board of county commissioners, based upon its determination that the proposed rezoning is in the best interests of the county.

(b)

Action by board of county commissioners. Upon receiving the recommendation of the local planning agency, on the proposed RPUD zoning, the board of county commissioners shall at a regularly scheduled public meeting, review the recommendation and either approve, or disapprove the RPUD rezoning application. The RPUD development plan and the final engineered RPUD development plan are subject to administrative approval by county staff, as designated by the county manager. The decision of the board of county commissioners on the rezoning shall be based upon a consideration of the facts specified in the review criteria for rezoning applications in section 62-1151.

(c)

Record of RPUD zoning approval. If the RPUD zoning is approved a copy of the application and required exhibits shall be maintained within the zoning division of the county.

(d)

Nonresidential land uses shall not be permitted within the RPUD unless the following criteria area met on the RPUD Development Plan and Final Engineered RPUD Development Plan:

(1)

Nonresidential land uses accessory to planned residential uses may be requested within the RPUD provided they meet one of the following locational criteria.

a.

Where the proposed nonresidential use area(s) are located consistent with the existing future land use map series; or

b.

Where the proposed nonresidential use area(s) are located at the interior, central edge, or interior corner crossroads of the RPUD, are accessory to the proposed development, are consistent with the Neighborhood Commercial (NC) Future Land Use (FLU) and the Restricted Neighborhood Retail Commercial (BU-1-A) Zoning Classification, and are in two acre nodes or less, and not totaling more than 15 percent of the total RPUD land use, or the developer demonstrates to the satisfaction of board of county commissioners with a RPUD development plan and application that the land uses proposed demonstrates a rational development scheme, interrelated to the development as a whole, which promotes the goals of the RPUD zoning classification found in section 62-1462.

(2)

Nonresidential land uses which are not permitted uses in the BU-1-A zoning classification under the Neighborhood Commercial (NC) Future Land Use Category must be specified on the RPUD development plan and application. The type of proposed uses, a maximum and minimum range of setbacks, building heights under 35 feet, and buffers shall be submitted as a RPUD Development Plan and application to the board of county commissioners along with a narrative description that demonstrates that the land use proposed provides a rational development scheme, interrelated to the development as a whole, which meet the goals of the RPUD zoning classification in section 62-1462.

(3)

Residential units are encouraged and permitted above non-residential uses in the Neighborhood Commercial (NC) development nodes provided adequate onsite and feasible offsite parking scenarios with supporting calculations are demonstrated. It is recommended that each residential unit above non-residential uses have a shaded outdoor patio or terrace.

(4)

Parks and public recreational facilities that are consistent with the land use regulations in section 62-1466.

(e)

Permitted uses with conditions are as follows:

(1)

Power substations, telephone exchanges and transmission facilities.

(2)

Preexisting use(s).

(3)

Resort dwellings.

(4)

Group homes, level I for development within any residential tracts, subject to the requirements set forth in section 62-1835.9.

(5)

Group homes, level II development within multi-family residential tracts, subject to the requirements set forth in section 62-1835.9.

(Ord. No. 2000-61, § 4, 12-7-00; Ord. No. 2003-03, § 25, 1-14-03; Ord. No. 05-27, § 2, 5-19-05; Ord. No. 2007-59, § 28, 12-6-07)