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HomeMy WebLinkAbout03859 ` � « . ^ 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 ' ` , 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 � . Jerly and well planned development of' the highest qual ity within the. [i ty, ^ BE' it ORDAINED BY CITY COUNCIL OF PUEBLO, COLORADO', that - (BraCkets' indicate material to be deleted b this amendment, uoderscbripg in- ' 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- - . � � *albpheni Zoha District PURPOSE T|,e pu�| Osp pf��this Planned Unit Development Zone District� �PUO\ — . - ) land u is to encourage flexibility in_tha devu qpmant o f an d i n r db r ~ ` to proMdta lLs most appropriate usa, , to improve the deS*9n; Character and quality of new devu|opment� and redevelopMent, to \ ' - fac{li���e the adequate and economical prOvisiohs of streets to preserve natural and scenic feature f , . ' space., to bonnit the co-mingling of uses perM/ tted wiLhin_ other . - - 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 . claeses and_which ls.generally bounded by the PUD Master ' . Plah/* collector system unless imp\i ed rwiSe by context., The uSe of the tonn area as a land. unit _doas ?ot ^ necessarily require a precise sizemaasufement o legal ^ doscriptJon' (B H er's aSsociat�ior� an |ncorppr d h rgfitdr- - ' ' .gan(zat ton operating- under recorded land agreements which �(l') each lot owner in a pl��ped :unit or oLher described �. 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 --___- � ~ + � � , + ` ° ^ 4 % , ^- ` - ~ � r (C) impact essessment for the De'e7opMenL Plan -- An assess- , nent of-the Develo rplan/s social', envArbhmenbal and' p�6lic facQ it 'es impact shall be-made This assessment _ ~ shall be a factual lv 'oubstan�iated evaluation of the im- � . ` 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- '. ~ , 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- L tam- Both the short and long term emp|o ent oppor- ~ ' 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 ^ `. costs to the residents such as homeowner association fae5 and maintenance of private facilities fees shall . , .. be provided An analysis of the market's ability to absorb and obtain residential units of the total . 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" - 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 - - - , ^ shall consider the existing pollution sources of the ~ _ site and surrounding area and the existing vegetation, . 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 - � ~ � -2- - - � (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- _ 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 • _ !. 1. 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- ` Tent schedule of not more than one calendar year ".may be permitted The Planning and Zoning Commission may approve a Major :Revision r (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 -4- r: 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 -5 - } proposed district or an authorized agent thereof All owners of property within the PUD Zone District must consent in' Writing- , 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 -6- 3: + }\ The name and address of each owner of property in the PUD District as well as al.ega7 descriptibnof thmir r ' respective properties The name and address of mwn�rs ^ �ƒ � ail property within �O�/ of the exterior boundary - . � ^ 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 '^ ' ° (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, suchinf0rma- . ' tioh submitted shall not be considered part of the formal - ' 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 --- 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- . . 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 ---=�-___ -�-- � (4) The location, d /ension , and.propnsed use of - ' be dedicated to the City of Pueblo, ` (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, 4 4 l4 Y (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,, , 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 i f i } 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 \ (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 - 40 - x (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 • 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 T � t 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- r, f 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 -12- 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 - 1 3,- • 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 -15- 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 _:_ Ci,