HomeMy WebLinkAbout03859 ` � «
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ORDINANCE NO 3859 - �
AN—ORDINANCE AMENDING TITLE XVf|
OF THE 157 C'DE OF ORDINANCES OF
. ^ THE -C|TY BF PUEBLO BY THE ADDITION
- 8F' CHAPTER 8, THEREBY CREATING - A
PLANNED UNIT 2ONE,D|S-
_ TRJ�T, PUD ' `
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WHEREAS, it is the `Intant of the C i t y Council of Puab|p, Colorado;
to create a Planned -Uhlt 'Deva>opmeht Zone Di in ordef^tm encmdraga
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Jerly and well planned development of' the highest qual ity within the. [i ty,
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BE' it ORDAINED BY CITY COUNCIL OF PUEBLO, COLORADO', that
- (BraCkets' indicate material to be deleted b this amendment, uoderscbripg in-
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dicates new-material to be added ) ,
',SECTION 1
Ti-Xla XVII of 1!371 Coda of Ordinances of the City of Pueblo is
hereby amended by the add]� imn of the following Chapt�r 8, Planned 'Unit. B4-
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*albpheni Zoha District
PURPOSE
T|,e pu�| Osp pf��this Planned Unit Development Zone District� �PUO\
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) land u
is to encourage flexibility in_tha devu qpmant o f an d i n r db
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~ ` to proMdta lLs most appropriate usa, , to improve the deS*9n;
Character and quality of new devu|opment� and redevelopMent, to
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fac{li���e the adequate and economical prOvisiohs of streets
to preserve natural and scenic feature f ,
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space., to bonnit the co-mingling of uses perM/ tted wiLhin_ other
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zone districts within the City of Pueblo, and to grant. dTvurSi'_
r. , flcatlon in the location of structures and other site
cations while insuring adequate standard� relating to public
health, safety, welfare" comfort, and convenience.. ~`
2 DEFINITIONS
+ � (A)_ Areas of PUD -_ � land unit showing general l an
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claeses and_which ls.generally bounded by the PUD Master
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Plah/* collector system unless imp\i ed rwiSe by
context., The uSe of the tonn area as a land. unit _doas ?ot
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necessarily require a precise sizemaasufement o legal
^ doscriptJon'
(B H er's aSsociat�ior� an |ncorppr d h rgfitdr-
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.gan(zat ton operating- under recorded land agreements
which �(l') each lot owner in a pl��ped :unit or oLher described
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land is automatically a member, and,, (2) each lot i t
m ti af\y subject to a charge for a share of
for the i �t io / � act ivhjes . �uch �s
th nr t e organ .� n , '.
m� in��in�n common property or facility, priv te Streets,
or private parking ea
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(C) impact essessment for the De'e7opMenL Plan -- An assess-
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nent of-the Develo rplan/s social', envArbhmenbal and'
p�6lic facQ it 'es impact shall be-made This assessment
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shall be a factual lv 'oubstan�iated evaluation of the im-
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pact of' the propOsmd .Develppment Plan on the sur!ounding
aroa.and the Development Plan site
(1) The sbcjal hMpaCt -portion of the assessment �shall cmh- '.
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skier the.exlstingsucial and demographic character-
ist ico of the surrounding area and evaluate how the
Development Plan w i l l impact the existing social sys-
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tam- Both the short and long term emp|o ent oppor-
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tun(ties generated by and within the Development Plan
site shall be determined The qualifications of the
existing PUD, residents, anticipated rmsjden±s of the -
Development Plan site and residents of the areas sur-
rounding the PUD to secure the employment generated
by the DevelopMent Plan shall be determined
(2) |f the Development plan is to contain residential units,
then' the projected site development costs and dwelling
unit construction costs shall be provided Additional ^
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costs to the residents such as homeowner association
fae5 and maintenance of private facilities fees shall
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be provided An analysis of the market's ability to
absorb and obtain residential units of the total
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square footage, bedroom number and size, and price as
proposed in the Development Plan shall be provided
Identification shall be made of those factors promot lng'
soCial interaction between residents with[n the Devel"
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opmemt Plan site, between these residents abd those
i other residential areas of the PUD, and between these
residents and those in residential areas surrounding
the. PUD Identification shall be made of those factors�
creating the social identity of the Development Plan
site
(3) The environmental impact portion of the assessment
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shall consider the existing pollution sources of the
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site and surrounding area and the existing vegetation,
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terrain, water courses, flood areas, and wildlife
habitation of the Development Plan site A- Comparison
shall be made the existing environmental state,
the state during �development and the state when the
Develoi5ment Plan is,comp)eted Methods to be used to
prevent wind and water erosion, siltation and disturbance
of fragile vegetation areas during and after construction
shall ibe identified
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(4) The public facilities impact portion of the assessment,
shall consider the .existing • schools, parks., util
'services, sanitary and storm , drainage systems, fire
and police protection, .public transit system, .and street
network which '.i 11 be used to provide pub,l ic:faci:l ities
to the Development site A comparison shall be
made between the ''.Development Ol an! s facility requ i re-
ments..and the ability of the exiting facilities to
'meet those 'requirements For those fact l;iaies_,.which
are ins "uf f i c i ent to meet ' -t he opment Plan's- require-
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mentS, the impact assessment. shall identify the Develop-
ment-.Plan's requirements, and this impact. assessment_shal.l
identify provisions to be made to minimize or Correct
the insufficiency
(D) Impact assessment for the.PUD -- An assessment -of the
Piarined :Unit Development's social, environmental and public
fact l i t'i es .:impact shall , be made This asse.ssin'en.t 'Shall be
a substantiated evaluation of the impact of the
proposed PUD on the City, the area surrounding the PUD. and
the PUD,.s i to
.(1) The social impact portion of the assessment shall; con-
si_der the existing social and demographic Characteristics
of the surrounding area and evaluate how the PUD will
impact the existing social. system Both the,`short_and
long term employment opportunities generated by and
within the PUD shall be determined, as well as the
ability of the Pueblo labor force to fulfill the re-
quirements for these employment opportunities
(2) If the PUD is to contain residential uses, then_ the
average projected site development costs, and dwe =lying
unit construction costs shall be provided Add i t al
costs to the residents such as- homeo association
fees and maintenance of private facilities fees shall
be projected An analysis of the. market's ab,ihi,ty to.
absorb and obtain the proposed residential units shalt
be provided for at least those units scheduled for con-
. siruc.t ion in the first two years of the Pub's develop -
, merit identification shalt be made of those factors
promoting social interaction between the res i den :t s -of
the PUD and the resi.dents,of the surrounding areas
Identification shall be made of those factors creating
identity of the PUD
(3) The environmental impact portion of the assessment shall:
consider the existing pottiition sources, vegetati.on,
terrain, water courses, flood areas and wildlife habi-
tation of the site and surrounding area A comparison
shaF`l be made between the existing. environmental state, S
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the state during development, and the state when the
PUD is completed'
(4) the public facilities impact portion of the assessment
shall consider the existing schools, parks,. iitiTity
services, sanitary and storm drainage systems, fire
and police protection, public transit system, and
street network which will be used to provide public
facilities to the PUD .A comparison shall be made
between the PUD's facility requirements and the ability
of the existing facilities to meet those requirements
For those facilities which are insufficient to meet
the requirements, the impact assessment. shall
identify provisions made by the PUD to minimize or
correct the insufficiency, at what point in devel-
opment sequence the insufficiency will occur,
what point in the development sequence the insufficiency
will be minimized or corrected
(E) Major 'Revision -- a change in, the approved PUD Development
Plan that is still in conformity with all aspects of the
PUD District except the development schedule as contained
in the District Application A time change in the develop-
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Tent schedule of not more than one calendar year ".may be
permitted The Planning and Zoning Commission may approve
a Major :Revision
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(F) Minor Revision -- a change in the approved PUD pevelopment
Plan to allow changes in the location, siting, height or
character of buildings or structures, which are required .
by engineering or other circumstances not foreseen when
approval of the Development Plan was given, and .have no
adverse impact on adjacent or surrounding land use �r
plan. elements A minor revision may be approved for only
the following (1) change in the dimension of a building
or structure which is ten percent or less, (2) change in
the location of a building or structure which is five feet
or less in any direction, (3) chan9e in the capacity of an
off- street parking area of ten percent or less,. change
in the type of landscape materials if to be replaced by an
ecologically equal or better variety, or (5) change in the
development schedule (not including the geographical or use
phasing) of not more than ninety days The Technical Ad-
visory Committee may by majority vote of its members approve
a M i n o r Revision
(G')' Parcels of a PUD -- a land' unit which shows detailed land
uses and which is generally bounded by the PUD Development Plan's
neighborhood street system unless implied otherwise by con -
text ,49hen a mixture of detailed land uses is - proposed
within that area bounded by the neighborhood system, a parcel
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idehtif,ication iTs needed for each use The use of the term
parcel as a:.land un i.t . does not necessarily require a -prec ise
Size measurement or legal description, but should be to a
:detail from which proposed or anticipated subdivisions may
be evaluated
(l-1) Planned Unit Development An area of land, controlled by
one- or,more.iandowners, to be developed under unified con-
trol or unified plan of development for a number of dwelling
units, commercial, educational, recreational,,, industrial or
other uses, "or -.any combination of the foregoing
(l) PUD =- Planned Unit Development
(J) PUD - Development Schedule -- the staging and .the .date of be
ginning and completion of each stage
(K) PUD staging -- the phased sequence and priority of develop-
, ment as .expressed n the approved PUD Development Plan and
based proposed geographical areas, uses and facilities.
(L) Technical Advisory Committee -- shall consist of 5 members
Three shall be the Subdivision Review Committee The other
2 shall be a staff planner of the Pueblo Regional Planning
Commission and one shall be a representative from ; a utility
operating in the City An appointee filling a vacant posi-
tion,.on the Technical Advisory Committee shall not complete
the unexpired term of his predecessor, b,ut' shall begin a
new 4 year term
3 PERMITTED USES
The uses in a PUD may be any permitted use in any other zoning
d istrict in the City of Pueblo
4 SCOPE
The provisions of this Ordinance shall apply only to :tracts of
land which are, five (5) or more cont iguous acres in area For
separate parcels to be contiguous they shall have,a common
boundary of at least 100 feet The existence of a dedicated pub -'
lic right- of -way which divides or separates the parcel or parcels
shall not affect, contiguity, provided at least 100 feet of bound-
ary would be contiguous if not for said r4ight -of -way
5. PREAPPLICATION CONFERENCE
A preapp.licat;ion conference may be held with the Technical Ad-
visory' Committee in order to familiarize the appl i,cant with,PUD
procedures and related City requirements The executive secr..e-
tary of t -he Planning and Zoning Commission shall establish the
date, .time .and place of the Conference w i t h i n f i fteen .(15) days
of the request. The - request sha 1 1 be in writing
6 PUD ZONE DISTRI -CT APPLICATION
An application for rezoning-of "land to a PUD Zone District may
be .filed by the owner'or owners of all property contained .,...in-the
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proposed district or an authorized agent thereof All owners
of property within the PUD Zone District must consent in' Writing-
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to the inclusion of their land in the District The application
shall be accompanied by a :PUD. Master Plan and Written. Statements
(A) Master Plan -- a conceptual plan showing the major components,
of the proposed PUD at a, scale of not_greater than P' =200'
shall be submitted in the detail necessary to evaluate the
land p1`arining, open space and recreation areas, transpo.rta-
tion system, social, ecological, and public fac.ili.t.ies im-
pact The Master Plan must contain, insofar as applicable,
the following information
(1) The existing topographic character of the land at a
contour, interval of not greater than ten (10.) feet;
,(2), The location and dimensions of all existing build,i-ngs,,
structures, rights -of -way, easements, and improvements,,
(3) The existing zone districts,
(r) The. general location of existing and proposed schools,
school sites, open space, recreation areas, public use
areas, arterial and collector streets, indicating those
to be dedicated to the City and the methods of control
on the remainder,
(5) The location and general nature•of each land use,
(6) The maximum and minimum height, floor- area ratio, and
lot coverage for each area Front setback minimums
are also required on lands -adjacent to property not
included in the PUD Zone District,
(7) The approximate acreage and density, together with
maximum. and :minimum number of dwelling units, and the
types of dwelling units for each residential area,
(8) Areas subject to the Standard Project flood and floods
of- greater frequency These }areas shall be incre=
mentally shown from 5, 25, and 100.years The Standard.
Project flood shall also be shown if such has been
determined by the U S Army Corps of Engineers
(9) Areas containing commercial mineral deposits, if these
deposits are to be deveioped•wit;hin the plan
(i0) The staging of development if done in phases,
(11) The - exterior boundary lines. of the PUD District, with
distance and anglei to be prepared by a registered
E surveyor If under multiple ownership, the lo
cation of each owner's property shall also be shown,
(12) A general location map at an appropriate scale which
shows the PUD in relation to the transportation net-
work,.land use, City Limits,. zoning, and open space
of the surrounding area
(B) .Written Statements -- the written statements to be submitted
with the PUD Zone District Application shall contair, the
following information
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}\ The name and address of each owner of property in the
PUD District as well as al.ega7 descriptibnof thmir
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respective properties The name and address of mwn�rs
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ail property within �O�/ of the exterior boundary
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of the PUD District accurate to within forty-five (4 5)
daYs prior to the hearing,
(2)
`Z, |f the applicant is other than the owner of all property
with4n the PUD, a properly executed wrjt1en instrument
authorizing the applicant to act on behalf
owners,
(3) A statement of the PUD's goals and objectives, -
(4), An assessment of the PUD social, anvironmhtal, .and
public facilities impact,
A (5) development schedule , , ew |opm�nt s� uYe indicating the approximate date
of Development Plan submittal, commencement, and Com-
pletion for each phase
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(6) Identification of any separation of mineral rights,
water rights, air rights, development rights or other
such rights which may directly or indirectly affect
the land
( D) The appl4cant may submit other information pertinent to
evaluating the PUD Zone District Application,
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tioh submitted shall not be considered part of the formal
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application unless agreed to by.the applicant
] PUD DEVELOPMENT PLAN
/\ Development Plan for any land zoned PUD must be approved by
the Planning and Zoning Commission before site development may
begin The Development Plan shall be in conformity with the
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approved PUD Zone District Master Plan and Statements The
Development Plan may be submitted for all or a portio of the
PUD Distr,ict area in accordance with the schedule and phasLng
set fmrthin the application for the approved PUD District �
The Development Plan shall include a Site Plan and Written
Statements
(A) Site Plan -- a detailed plan showing the proposed develop-
men{ of the PUD prepared at a scale of not greater than
1"=1O0' and in the detail necessary t� evaluate the dexel
develop-
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ment The Development Plan must contain, insofar as abp|i-
cable, the following information
(1) The . existing and finished topographic character of the
land at a contour interval of not greater than five
(5) feet,
(2) The location and dimensions of all existing buildings,
structures, rights-of-way, easements, and improvements,
, - , emen s, an
(l) The location and dimensions o[ all proposed public
and pr|vaLe i f and easemencs
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(4) The location, d /ension , and.propnsed use of -
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be dedicated to the City of Pueblo,
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(5) The maximum and minimum height, floor area ratio, lot
coverage, front setback, rear yard setback, side yard:
setback, . lot depth, . lot frontage and lot size regu;l.a-
_Lions in each parcel,
(6) The location of on and off street parking areas, .
parking lot landscape and ,design .plans, loading areas,
and points of ingress and egress for each lot, parcel,
building, . and structure (The Planning and Zoning Com-
mission may permit deferment of all or part of this
portion of the Development Plan however a pbb>ic -
hearing shall be required before approval ),
(7) The placement, dimensions, architecture, landscaped
areas, landscaping materials, and signing of each
building and structure. (The Planning and Zoning Com-
mission may permit deferment of all or part of this
portion of the Development Plan., however, -a public
hearing shall be required before approval ),
(8) Areas subject to the Standard Project flood and floods
of greater frequency _These areas shall be incrementally
shown from 5, 25, and 100 years The Standard Proiect
flood shall also be shown if such has been determined
by the U S Army Corps of Engineers,
(9) Areas containing commercial mineral deposits,
(10) The soil type(s) and geology of each parcel of the PUD
Development Plan,
(11) The size, location, and capacity of the proposed san-
itary sewer and storm drainage systems,
(12) The dimensions, size, and use of each parcel,
(13) The type, maximum and minimum number of dwelling units
in each parcel,
(14) The exterior boundary lines, with distance and angle,
of the PUD Development Plan, to be certified by .a
,
,registered land surveyor If under multiple owner-
ship, the location of each owner's property shall also
be shown
(B) Written Statements -- the written statements to be submitted
with the PUD Development Plan must also contain the following
information
(l) The name and address of each owner of property in the
PUD Development Plan area as well as a legal description,
of their respective properties The name and address
of owners of all property within 300' to the,exterior
boundary of the PUD Development Plan area accurate, to
within forty -Five (45) days prior to the Bearing,
(2) If the appl icant is other than the owner of all property
within- the PUD a - properly executed written, instrument
authorizing the applicant to act on behalf of all the
owners,
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(3) A statement of the PUD: Development Plan's goals' and.
objectives,
(4) AO assessment of the PUD Development Plan's social,
environmental, and public facilities impact,
(5) ,Copies of all covenants.,, restrictions, conveyances,,
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and special agreements whichwill govern the develop-
ment, use, maintenance, open space, recreational
f a c i l i t i e s , and continued protection, of the bevel op
ment Plan area, with particular attention to open
space and recreation facilities
(6) A development schedule indicating the sequence and
the anticipated dates for beginning and completing
the.Deyelopment Plan area
(7) Identification of any separation. of mineral rights,
.Water rights, air rights, development rightsor other such
ri.gh:ts which may directly or indirectly affec,.t the land
(C) The applicant may submit other information pertinent to
evaluating the PUD Development Plan, such information
submitted shall not be.tonsi.dered part of the formal De-
velopment Plan unless agreed to by the applicant
8 REVIEW AND APPROVAL PROCEDURE
(A) CtyCounci1 may approve a PUD Zone District Application
ar an amendment to ah approved PUD Zone The 'Di st'r i c't
Application and amendments shall,be processed in accordance
with the provisions of this Title relating to zoning map
amendments The City Council shall approve or deny a PUD
District Application - or amendment City Council May impose
such changes, restrictions or conditions upon the PUD Zone
District as required to protect the public health, safety,,
and welfare
(.B) The Planning and Zoning Commission, after a public hearing
and finding of fact, is empowered to approve a Pub Develop-
ment Plan and Major Revisions thereto The Plan nrng.and
Zoning Commission may impose such changes, restrictions or
conditions upon the Development, Plan or Major Revision as
required;. to protect the public health, safety, and welfare
(C) The Technical Advisory Committee may approve Minor Revisions
to an approved PUD Development Plan after finding of fact
Approval or denial shall be in writing with a copy furnished
to the applicant A denial by the Technical Adv sory
m i ttee May be appealed to the Planning and Zoning Comrn i s s i o n
An. appeal must be filed within 15 days with the executive
secretary of the Planning and Zoning Commission The Com-
mission shall hear and decide on the appeal within - 60 days
from the date of filing A puq l i.c„ hearing is not required:
but may he initiated by the Corn>?iissi_on at no expense to the
applicant
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9 EXEt1P:r I ONS TO PROCEDURE
(A) The following changes to the approved PUD District-Applica-
t;ion coo.:not require City Council approval, however,. not i=
f icat'io.n. of the change shall be provided by the applicant to
the- executive secretary of the P.lanning,and Zoning Commission
'within ten Oa days ,after the,_ change, until such time as .the
property i.s part of an approved -Development Plan
(.l) The name and /or address of an owner of property within
the 'PUD,
(2) The ownership of property with. the PUD,
(3) .A Modification or termination of the instrument of
authorization to the applicant
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(B) The following changes to the approved Development Plan do
not require Planning ,and Zoning, Commission approval, how -.
_ever, notification -of the. change shall - be provided by the
applicant to the executive secretary of the Commission with- r
in ten (10) days after the change until such time as the
Development `Plan is completed
.( The -name and /or address of an owner of property : with.
the Development Plan,
(2) The ownership of property within the Development 'Plan,
(3 A Modification or termination of the iristrument...of
authorization to the applicant
'(C), Changes .i-n the ownership of property lying beyond the ex-
,ter.ior boundary of the PUD .District or Development Plan, t
whichever is applicable, to a distance of 300',shail be
provided to the executive secretary of the Planning and
Zoning Commission not less than twenty (.20) days prior to
a hearing requiring public notification This list of
names and addresses shall be accurate ,ownersh i e to ii th i n
forty -five (45) days prior to the hearing date
10. ENFORCEMENT
(A) The intent of the development schedule is to establish
a sequence and time perspective in Which development of_ the
PUD will occur and to coordinate the input of public facil-
ities with. private development needs
(B) The Planning and Zoning Commission shall familiarize-,theM-
selv.es with the development progress of the PUD Development
Plan with particular attention to the rate of construction
o f , r e s i . d e n t i a l , commercial or industrial structures in r e -
l a t i o n to the construction of the amenities such as ut.i.l i,t ices,,,
streets, parks, recreational facilities and open space
I:f the Planning and Zoning Commission finds the rate of con-
struction of such structures is greater than the rate of
construction of the amenities to the point of denying or
reducing the public he3I th, safety and welfare for the PUD
residents or rep; i den is of thc. su rrounrii ng area, therm the
P.lenniriq and Zoning Commiss may
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(1). Cease to approve additional Develo mp ent Plans or
Major Revisions.,
(2) Recommend to Council the following action be taken
(a) Cease to approve additional subdivisions Within
the PUD,
(bY fns.truct the Department of Public Works to dis-
continue the issuance of building permits or
occupancy permit.s'within, the PUD
(3) In the - instance where any of the above actions are
taken by the Planning and Zoning Commission ,or__C i_t_y._ _-
Council, the developer may be required to reesta,bl.ish
the,b•a.lance between structures and amenities before
additional structures may be constructed or occupied
(4) Should the PUD fail to progress in accordance with .
the development schedule the applicant may ,seek a
a Minor Revision, Major Revision or Zone District
Amendment
(C) City Council may rezone or they may refuse to rezone or
approve Subdivision plats on lands contained within the
- PUD District if the PUD fails to develop in accordance
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with the development schedule and a Minor Revis.i.on, Major
Revision or Zone District Amendment is not secured
(D) No traffic signal, sign, marking or device shall be put,
placed, painted, or installed on any private street
or parking area without the approval of the City Transportation.
Department \All traffic and parking ordinances of the
City shall be applicable to and control traffic and ear•k:i ng
upon private streets or parking areas within a PUD in the
same_Manner and extent as if said private streets and parking
areas were public streets and, parking areas
1.1 FINDING OF FACT
(A) The Planning and Zoning Commission before recommending any
property td be,rezoned,to a PUD District or that an existing
PUD.District be amended shall.make findings concerning the
following
(1) The PUD compatible with the surroundin. nei•hbor-
n
hood and the proposed uses are not .incompatible to the
uses to which- the surrounding area is restricted
(2) The PUD is in accord and, in harmony with the compre-
hensive zoning plan and be done for the public good,
that i's, to serve one or More of the goals of the comp
prehensive plan and enabling legislation and thereby
bear a relationship to the public health, safety, morals
or general welfare
(3) The PUD would encourage an appropriate use of the land
(4) The PUD would not be so injurious to surrounding, prop -'
erti es to the extent of depriving ne i_ ghbor i,ng property
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owners of any reasonable use of their property,
(5) All land contained in the PUD District is within
the City of Pueblo, proper notification has been
served to surrounding property owners, and there-
quired ,public hearing has been held
(B) The. Planning and Zoning Comrniss•ion : before a PUD Develop-
ment Plan may, be approved shall make concerning
the tollowing
(1) The Development Plan conforms to the concepts of the
approved PUD Zone District and meets the Design
Standards and Guidelines for PUD's adopted by City
Council,
(2) Areas designated as recreation, parks, and open
space are accessible, available, and usable for the
purpose to which they are intended,
(3) The continued use, maintenance, protection, and de-
velopment of all park, recreation, open space, and
common areas are assured The City Attorney's
Office shall, in writing to the Planning and. Zoning
Commission, attest that the proposed covenants,
restrictions, conveyances, special agreements, home-
owner association contracts, and other proposed_doc-
uments will secure the continued use, maintenance,
protection and development of all park, recreation,
open space, and common. areas,
(4) Proper notification to adjacent property owners
within. 300' of the exterior boundary of the PUD
Development Plan has been served and the required
public hearing has been held
(C) The Planning and Zoning Commission before a Major Revision
may be approved shall make findings concerning the following
(.l) The change is within the limitations of a Major Re-
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vl.sipn,
12,) ,,, The change conforms to the concepts of the PUD ;Zone
D i s t r i c t ,
(3) The change does not adversely affect the Development
Plan,
(`4) Proper notification to adjacent property owners within
300'' of the exterior boundary of the PUD Development,
Plan has been served and the required public hearing
has been held
(D) The Technical Advisory Committee before a Minor Revision
may be approved shall make findings concerning the. following
(1) The change is within the limitations of a Minor Re-
vision,
(2) The change does not adversely affect the Development
Plan
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12 STATUS. REPORT
At least once every .twelve (12) months the Zoning Administrator
shall prov,i d i e to the .Planning and Zoning Conim i s s i on and City
Council a s -tatus report on each area designated as a PUD Zone,
District The -report shall include at least the approval date,
nature of each,District Plan, Major Revision, Minor Revision,
and building : permit The status report shall also include .a
brief description of the,progress the PUD is making toward'.com-
pietion and problems or difficulties which have been encountered
A copy of "the, status report- shah) be prov,i:ded to the
or applicant
13 FEES
The fees schedule for PUD related actions are as follows
(A) Preapplication conferences shall have no fees charged the
prospective applicant Nominal charges may be made for
any ordinances, reports, maps or other related material
requested by, the prospective applicant
(B) Both the Planning and Zoning Commission and City Council
, shatl charge a fee of $25 00 or $ 50 per acre, whichever
is greater for processing a PUD Zone District application
Amendments to an approved District shall be subject to
the same fees for that portion amended
(C) The Planning and Zoning Commission shall charge a fee for
Development Plan review or Major Revision, based on that
portion revised, which shall be $25 00 or the sum of the
following, whichever is greater
per gross acre $0 50
per dwelling unit 0 50
per 1000 sq ft gross retail floor area 1 00
per 1000 sq ft gross office floor area 1 00
per 1000 sq ft gross industrial floor area 1 00
(D) Minor Revision review shall have a review fee of $25 00
(E) Before any action shall be taken, the applicant proposing
the change or action shall obtain from the executive secretary
of the Planning and Zoning Commission a signed statement
listing the cost of the change or action, identifying the
type of change or action, the PUD's name or location, the
applicant's name, and the date The applicant shall present .
this statement to, and shall. deposit the amount indicated
thereon with the City Clerk to cover a portion of the cost
incurred by the City in reviewing, administering, and giving
legal notice Under no condition shall such sum or any part
thereof be refunded to the applicant
14 SUBD I V1 -S1 ON OF A PUD
(A) The subd,iv ision or resubdivisionof lands designated as PUD
shall be in conformance_w"ith the Development Plan before a
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•
building Permit may be issued City Council, upoh recom-
mendation of the Planning and Zoning. Commission, may vary
or modify such subdivision requirements to permit the .sub-
divider to develop his property in conformity to the PUD
Development Plan or Zone District provided the provisions ;.,
of Title .XI I,, Chapter 4, Section 1.0 are met
(8) All private and public improvements shall be constructed'
with materials and construction methods which meet or
exceed. the City standards in effect at the time of construction
15 MAINTENANCE OF COMMON AREAS- _____ __ ._ __ _ _
(A) applicant shall provide for and establish an organiza-
t,ion for the ownership and maintenance of any common open
space, private streets or private parking area or shall make
other_ adequate arrangements for the ownership and maintenance
thereof
(8) In the event that the organization established to own and
maintain common open space, private streets or private
parking areas, or any successor organization, shall at any
time after establishment of the planned unit development
fail to maintain the common open space, private streets or
private parking areas, in reasonable order and condition
in accordance with the plan, the Zoning Administration may
serve written notice upon such organization or upon the
Tesidents of the planned unit development setting forth the
a manner in which the organization has failed to maintain the,
common open space private streets or private parking areas
in rea sonable condition, and said notice shall include a
demand that such deficiencies of maintenance be cured with-
in thirty days thereof and shall state the date and -place
=of a hearing thereon which shall be held within thirty days
of the notice before the Planning and Zoning Commission
At such hearing the Planning. and Zoning Commission 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 with-
,
in' said thirty days or any extension thereof, the City; in
order to .preserve the taxable values of the properties
within the planned unit development and to prevent the com-
mon open space, private streets or private parking : area s
from becoming a pub Lic nuisance, may enter` upon same and
maintain the same fo"r.a period of one year Said entry
,and maintenance shall not vest in the public any rights to
use the common open space, private streets or private
parking areas except when the same is voluntarily dedicated
to the' public-by the owners Before the 1p i rat ion of sa i•d.
year, the City , hall, upon its initiative or,.upon the writ-
ten request of the organ rzation -theretofore: responsible for
1 - I
i
the maintenance of the common open space private streets
or private parking areas, calf a public hearing upon
notice to, such organization,. or. to, the residents of„ the
- planned, unit development, to be held by the Planning -and
Zoning Cornm,_i ss i.on, at which hearing such organization or
the res,i of the planned unit_ development shall show
cau.se why.such.maintenance by the City shall. not., at, the
election- ‘of the City., continue for a succeeding year -.I_f
the Planning and Zoning Commission s h a l l determ'i'ne that
such- orgaani•za.ti.on is ready and able to maintain said common
open space, private streets or private parking areas., in
reasonable condition, the City shall, cease to maintain
-same at the end of said year If the Planning -and Zoning
Corriniission shall determine such organization .is,not ready
and able to maintain said common open space, private street
or private parking areas, in a reasonable condition, the
City may, in its discretion, continue to maintain : said
common open space, private streets or private parking
areas during the next succeeding year and, subject to a
similar hearing and determination, in each year ,thereaf.ter
(C) The cost of such maintenance by the City shall be paid by
the owners of properties within the. planned unit develop-
ment that have a right to enjoyment of the common open
space, private street or private parking area, and any
unpaid assessments 'shal l become a tax lien on Said .properties
The Director of Finance shall file a notice of such lien -
in e office of the -County Cl 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 pro-
vided,by law for the collection, enforcement, and remit-
tance of general property taxes
16 APP.L 1 CAB ft'I Ty
(A) .Chapter:s 3,4, Sections 21 thru 37 of Chapter 5, and Sections
1 and 7 of Chapter - 6-, Title XVI1 of the 1-97.1_ Code of
Ordinances of the. City of Pueblo shall not apply to a Planned
Unit Development Zone District or Plan established hereunder
unless the Ordinance establishing such District : or Plan shall
specifically otherwise provide
(B) The City Council of the City of Pueblo hereby declared that
the creation of a Planned Unit Development Zone Di- strict
or P -lan is a local and municipal matter and that it has en-
acted this Ordinance with the intention of superceed.ing
within the territorial limits and other jurisdictions of
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the City the Planned Unit DevelopmentALt of 1972, Article
6, Chapter 106, C R S 1963 as amended"
SECTION 2
If any part,, subsection, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this Ordinance and the City Council hereby declares
That it would have passed this Ordinance and each part, section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more parts,
sections,_ subsections, sentences, clauses or phrases be declared invalid
SECTION 3
This 'Ordinance shall become effective immediately upon final" passage
and approval
INTRODUCED April 22 _ ,1974
BY PAT KELLY
Councilman
APPROVED
President of .Pueblo City Council
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Ci,