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HomeMy WebLinkAbout07488ORDINANCE NO. 7488 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PLANNED UNIT DEVELOPMENT ZONE DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1. Chapter 8 of Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: Section 17 -8 -1. Purpose. The purpose of this Planned Unit Development Zone District (PUD) is to encourage flexibility in the development of land [in order] to promote its most appropriate use; to improve the design, character and quality of new development and redevelopment; to facilitate the adequate and economical provisions of streets and utilities; to preserve natural and scenic features of open space; to permit the commingling of uses permitted within other zone districts within the City; and to grant diversification in the location of structures and other site qualifications while insuring adequate standards relating to public health, safety, welfare, comfort and convenience. Section 17 -8 -2. Definitions. (a) Areas of PUD means a land unit showing general land use classes and which is generally bounded by the PUD [Master] Development Plan's collector street system unless implied otherwise by context. The use of the term area as a land unit does not necessarily require a precise size measurement or legal description. [(b) Homeowner's association means an incorporated nonprofit organization operating under recorded land agreements through which (1) each lot owner in a planned unit or other described land is automatically a member, and (2) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property or facility, private streets or private parking areas. (c) Impact assessment for the Development Plan means an assessment of the Development Plan's social, environmental and public facilities impact shall be made. This assessment shall be a factually substantiated evaluation of the impact of the proposed Development Plan on the surrounding area and the Development Plan site. (1) The social impact portion of the assessment shall consider the existing social and demographic characteristics of the surrounding area and evaluate how the Development Plan will impact the existing social system. Both the short and long term employment opportunities generated by and within the Development Plan site shall be determined. The qualifications of the existing PUD residents, anticipated residents of the Development Plan site and residents of the areas surrounding the PUD to secure the employment generated by the Development Plan shall be determined. (2) If 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 fees 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 promoting social interaction between residents within the Development Plan site, between these residents and those in 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 between the existing environmental state, the state during development and the state when the Development Plan is completed. Methods to be used to prevent wind and water erosion, siltation and disturbance of fragile vegetation areas during and after construction shall be identified. (4) The public facilities impact portion of the assessment shall consider the existing schools, parks, utility 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 Development Plan site. A comparison shall be made between the Development Plan's facility requirements and the ability of the existing facilities to meet those requirements. For those facilities which are insufficient to meet the Development Plan's requirements, the impact assessment shall identify the Development Plan's requirements, and this impact assessment shall identify provisions to be made to minimize or correct the insufficiency. (d) Impact assessment for the PUD means that an assessment of the Planned Unit Development's social, environmental and public facilities impact shall be made. This assessment shall be a factually substantiated evaluation of the impact of the proposed PUD on the City, the area surrounding the PUD and the PUD site. (1) The social impact portion of the assessment shall consider 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 PU D shall be determined, as well as the ability of the City's labor force to fulfill the requirements for these employment opportunities. (2) If the PUD is to contain residential uses, the average projected site development costs and dwelling unit construction costs shall be provided. Additional costs to the residents such as homeowner association fees and maintenance of private facilities fees shall be projected. An analysis of the market's ability to absorb and obtain the proposed residential units shall be provided for at least those units scheduled for construction in the first two (2) years of the PUD's development. Identification shall be made of those factors promoting social interaction between the residents of the PUD and the residents of the surrounding areas. Identification shall be made of those factors creating the social identity of the PU D. (3) The environmental impact portion of the assessment shall consider the existing pollution sources, vegetation, terrain, water courses, flood areas and wildlife habitation of the site and surrounding area. A comparison shall be made between the existing environmental state, 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, utility 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 PUD's requirements, the impact assessment shall identify provisions made by the PUD to minimize or correct the insufficiency, at what point in the development sequence the insufficiency will occur, and at what point in the development sequence the insufficiency will be minimized or corrected. (e) Major revision means 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 development schedule of not more than one (1) calendar year may be permitted. The Planning and Zoning Commission may approve a major revision.] [(f)](b) Minor revision means a change in the approved PUD [Development] Site 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] Site Plan was given, and have no adverse impact on adjacent or surrounding land uses or 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 (10 %) or less; (2) change in the location of a building or structure which is five (5) feet or [less] fewer in any direction; (3) change in the capacity of an off - street parking area of ten percent (10 %) or less; or (4) 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 (90) days]. The Technical Advisory Committee may by majority vote of its members approve a minor revision. [(g) Parcels of a PUD means 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 context. When a mixture of detailed land uses is proposed within that area bounded by the neighborhood system, a parcel identification is needed for each use. The use of the term parcel as a land unit does not necessarily require a precise size measurement or legal description, but should be to a detail from which proposed or anticipated subdivisions may be evaluated.] [(h)](c) Planned Unit Development means an area of land, controlled by one (1) or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational, industrial or other uses, or any combination of the [foregoing] above [(i)](d) PUD means a Planned Unit Development. [0)](e) PUD [d]Development [schedule means the staging and the date of beginning and completion of each stage.] Guide means a written document which establishes the standards, variations and requirements of the development which may be divergent from the standards of the City zoning regulations. Those conditions established by the Development Guide and approved by the City Council shall be recorded and utilized for development and review of the project. [(k) PUD staging means the phased sequence and priority of development as expressed in the approved PUD Development Plan and based upon proposed geographical areas, uses and facilities.] [(I)] (f) Technical Advisory Committee shall consist of five (5) members appointed by the City Manager Three (3) shall be from the Subdivision Review Committee. The other two (2) shall be a staff planner [of the Pueblo Regional Planning and Zoning Commission] and one (1) shall be a representative from a utility operating in the City. [An appointee filling a vacant position on the Technical Advisory Committee shall not complete the unexpired term of this predecessor, but shall begin a new four -year term.] Section 17 -8 -3. Permitted uses. The uses in a PU D [may be any permitted use in any other zoning district in the City] shall be those permitted by right or by review as provided in the Development Guide. Section 17 -8-4. Scope. a. The provisions of this Chapter shall apply only to tracts of land which are five (5) or more contiguous acres in area. For separate parcels to be contiguous, they shall have a common boundary of at least one hundred (100) feet. The existence of a dedicated public right -of -way which divides or separates the parcel or parcels shall not affect contiguity, provided [that] at least one hundred (100) feet of boundary would be contiguous if not for said right -of -way. b. Single Development Plan. The planned unit development shall be developed in accordance with a single unified plan, even though the property may be under single or multiple ownership. Each owner, both current and future, is responsible for the development of his or her portion of the project in accordance with the single unified plan and the approved Development Guide. Section 17 -8 -5. Preapplication conference. A preapplication conference may be held with the Technical Advisory Committee [in order] to familiarize the applicant with PUD procedures and related City requirements. [The executive secretary of the Planning and Zoning Commission shall establish the date, time and place of the conference within fifteen (15) days of the request. The request shall be in writing.] Section 17 -8 -6. PUD Zone District application. An application for rezoning of land to a PU D Zone District may be filed by the owners of all property contained in the 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] Development Plan, Development Guide and [written statements] project narrative (1) [Master] Development P [p]lan A conceptual plan showing the major components of the proposed PUD at a scale of not greater than 1" = 200' shall be submitted in the detail necessary to evaluate the land planning; open space and recreational areas; transportation system; social, ecological and public facilities impact. The [Master] Development Plan must contain, insofar as applicable, the following information: a. The existing topographic character of the land at a contour interval of not greater than ten (10) feet; The location and dimensions of all existing buildings, structures, rights -of- way, easements and improvements; C. The existing zone districts; d. The general location of existing and proposed schools, school sites, open spaces, 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; e. The location and general nature of each land use; f. [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] A land use schedule listing the various land use categories, acreages and number of units g. The approximate acreage, [and] density, [together with maximum and minimum] number [of dwelling units,] and [the] types of dwelling units for each residential area; h. Areas subject to the standard project flood and floods of greater frequency. [These areas shall be incrementally shown from five (5), twenty -five (25) and one hundred (100) years.] The standard project flood shall also be shown if such has been determined by the U.S. Army Corps of Engineers. i. Areas containing commercial mineral deposits, if these deposits are to be developed within the plan. j. The staging of development if done in phases; k. The exterior boundary lines of the PUD District, with distance and angle, to be prepared by a registered land surveyor. If under multiple ownership, the location of each owner's property shall also be shown; I. A general location map at an appropriate scale which shows the PUD in relation to the transportation network, land use, City limits, zoning and open space of the surrounding area. (2) Development Guide. The development guide shall reflect the variations in lot size, bulk, type of use or activity, density, lot coverage, open space or other regulations requested to be modified and approved by City Council upon the recommendation of the Planning and Zoning Commission. At a minimum the development guide must contain the following: a. A listing of uses permitted in each land use area; b. Standards, variations and dimensional requirements for each land use area which may be differ from the standards of the zoning regulations of the City, including but not limited to, maximum and minimum height, floor area ratio, lot coverage, front setback, rear yard setback, side yard setback, lot depth, lot frontage and lot size regulations. [(2)](3) [Written statements.] Project narrative. The [written statements] rp oiect narrative to be submitted with the PUD Zone District application shall contain the following information: a. The name and address of each owner of property in the PUD District, as well as a legal description of their respective properties. The name and address of owners of all property within three hundred (300) feet of the exterior boundary of the PUD District accurate to within forty -five (45) days [prior to] before the hearing; b. If the applicant 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; impact; C. A statement of the PUD's goals and objectives; d. An assessment of the PUD's social, environmental and public facilities e. A development schedule indicating the approximate date of Development Plan submittal, commencement and completion for each phase. f. 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. g. The applicant may submit other information pertinent to evaluating the PUD Zone District application; such information submitted shall not be considered part of the formal application unless agreed to by the applicant. Section 17 -8 -7. PUD [Development] Site Plan. A [Development] Site Plan for any land zoned PUD must be approved by the Planning and Zoning Commission before site development may begin. The [Development] Site Plan shall be in conformity with the approved PUD Zone District [Master] Development Plan, Development Guide and [statements] project narrative The [Development] Site Plan may be submitted for all or a portion of the PUD District area [in accordance with the schedule and phasing set forth in the application for the approved PUD District]. The [Development] Site Plan application shall include a site plan and [written statements] project narrative. (1) Site Plan. A detailed plan showing the proposed development of the PUD prepared at a scale of not greater than 1" = 100' and in detail necessary to evaluate the development. The [Development] Site Plan must contain, insofar as applicable, the following information: a. The existing and finished topographic character of the land at a contour interval of not greater than five (5) feet; b. The location and dimensions of all existing buildings, structures, rights -of- way, easements and improvements; C. The location and dimensions of all proposed public and private rights -of -way and easements; City; d. The location, dimension and proposed use of lands to be dedicated to the e. 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 regulations in each parcel; f. 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 Commission may permit deferment of all or part of this portion of the Development Plan; however, a public hearing shall be required before approval)]; g. The placement, dimensions, architecture, landscaped areas, landscaping materials and signing of each building and structure [(the Planning and Zoning Commission may permit deferment of all or part of this portion of the Development Plan; however, a public hearing shall be required before approval)]; h. Areas subject to the standard project flood and floods of greater frequency. [These areas shall be incrementally shown for five (5), twenty -five (25) and one hundred (100) years.] The standard project flood shall also be shown if such has been determined by the U.S. Army Corps of Engineers; [i. Areas containing commercial mineral deposits;] U. The soil types and geology of each parcel of the PUD Development Plan;] [k.]i_ The size, location and capacity of the proposed sanitary sewer and storm drainage systems; [I.]i The dimensions, size and use of each parcel; [m.]k. The type, maximum and minimum number of dwelling units in each parcel; [n.]I_ The exterior boundary lines, with distance and angle, of the PUD [Development] Site Plan to be certified by a registered land surveyor. If under multiple ownership, the location of each owner's property shall also be shown. (2) [Written Statements.] Site Plan Narrative. The [written statements] site plan narrative to be submitted with the PUD [Development] Site Plan must also contain the following information: a. The name and address of each owner of property in the PUD [Development] Site Plan areas as well as a legal description of their respective properties. The name and address of owners of all property within three hundred (300) feet to the exterior boundary of the PUD [Development] Site Plan area accurate to within forty -five (45) days [prior to] before the hearing; b. If the applicant 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; C. A statement of the PUD [Development] Site Plan's goals and objectives; d. [An assessment] A statement of the PUD [Development] Site Plan's social, environmental and public facilities' impact; e. Copies of all covenants, restrictions, conveyances and special agreements which will govern the development, use, maintenance, open space, recreational facilities and continued protection of the [Development] Site Plan area, with particular attention to open space and recreation facilities; f. A development schedule indicating the sequence and the anticipated dates for beginning and completing the [Development] Site Plan area; [g. 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.] (3) The applicant [may] shall submit other information pertinent to evaluating the PUD [Development] Site Plan; such information submitted shall [not] be considered part of the formal [Development] Site Plan as required by the Development Guide [unless agreed to by the applicant]. Section 17 -8 -8. Review and Approval Procedure. (a) The City Council after review and recommendations by the Planning and Zoning Commission may approve or deny a PUD Zone District and Development Guide application or an amendment to an approved PUD Zone District and Development Guide The [district] applications 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.] The City Council may impose such changes, restrictions or conditions upon the PUD Zone District and Development Guide as [required] deemed necessary 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 PUD [Development] Site Plan and major revisions thereto. The Planning and Zoning Commission may impose such changes, restrictions or conditions upon the [Development] Site Plan or major revision as [required] deemed necessary to protect the public health, safety and welfare. (c) The Technical Advisory Committee may approve minor revisions to an approved PUD [Development] Site Plan after making findings of fact. Approval or denial shall be in writing with a copy furnished to the applicant. A denial by the Technical Advisory Committee may be appealed to the Planning and Zoning Commission. An appeal must be filed within fifteen (15) days with the [executive secretary of the Planning and Zoning Commission] Director of Land Use Administration The Planning and Zoning Commission shall hear and decide [on] the appeal within sixty (60) days from the date of filing. A public hearing [is not required but may be initiated] shall be held by the Planning and Zoning Commission [at no expense to] after proper notice and payment of the required fee by the applicant. (d) Whenever the area of land is to be subdivided and developed for one (1) dwelling unit per lot, and the strict application of the requirements contained in [Subs] Sections 17- 8- 7[(1)f and (1)g] would result in undue hardship or injustice to the future homeowner and so long as the general intent and spirit of this Chapter is preserved, the Planning and Zoning Commission, after public hearing, may waive [review and approval for] or modify all or specific portions of these requirements on designated areas of the site plan which result in such undue hardships The Planning and Zoning Commission may require that [conventions] covenants deed restrictions or other regulatory controls govern the development and continued use of any lots or structures where such waiver or modification applies. Section 17 -8 -9. [Exemptions to procedure.] Reserved [(a) The following changes to the approved PUD District application do not require the City Council approval; however, notification of the change shall be provided by the applicant to the executive secretary of the Planning and Zoning Commission within ten (10) days after the change, until such time as the property is part of an approved Development Plan: (1) The name and /or address of an owner of property within the PUD; (2) The ownership of property with the PU D; (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; however, notification of the change shall be provided by the applicant to the executive secretary of the Commission within ten (10) days after the change until such time as the Development Plan is completed: Plan; applicant (1) The name and /or address of an owner of property with the Development (2) The ownership of property within the Development Plan; (3) A modification or termination of the instrument of authorization to the (c) Changes in the ownership of property lying beyond the exterior boundary of the PUD District or Development Plan, whichever is applicable, to a distance of three hundred (300) feet shall 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 ownership to within forty -five (45) days prior to the hearing date.] Section 17 -8 -10. [Enforcement.] Reserved [(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 facilities with private development needs. (b) The Planning and Zoning Commission shall familiarize itself with the development progress of the PUD Development Plan with particular attention to the rate of construction of residential, commercial or industrial structures in relation to the construction of the amenities such as utilities, streets, parks, recreational facilities and open space. If the Planning and Zoning Commission finds the rate of construction of such structures is greater than the rate of construction of the amenities to the point of denying or reducing the public health, safety and welfare for the PUD residents or residents of the surrounding area, then the Planning and Zoning Commission may: (1) Cease to approve additional Development Plans or major revisions; (2) Recommend to the City Council that the following action be taken: a. Cease to approve additional subdivisions within the PU D; b. Instruct the Department of Public Works to discontinue the issuance of building permits or occupancy permits within the PUD. (3) In the instance where any of the above actions are taken by the Planning and Zoning Commission or the City Council, the developer may be required to reestablish the balance between structure 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 minor revision, major revision or zone district amendment. (c) The City Council may rezone or it may refuse to rezone or approve subdivision plats on land contained within the PUD District if the PUD fails to develop in accordance with the development schedule and a minor revision, 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 parking 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.] Section 17 -8 -11. Findings of fact. (a) The Planning and Zoning Commission, before recommending that any property be rezoned to a PUD District and the Development Guide therefor or that an existing PUD District or the Development Guide be amended, shall make findings concerning the following: (1) The PUD and Development Guide are [is] compatible with the surrounding neighborhood and the proposed uses are not incompatible to the uses to which the surrounding area is restricted. (2) The PUD and Development Guide are [is] in accord and in harmony with the comprehensive [zoning] land use plan and is done for the public good; that is, to serve one (1) or more of the goals of the comprehensive plan and enabling legislation and thereby bear a relationship to the public health, safety, [morals] or general welfare. the land. (3) The PUD and Development Guide would encourage an appropriate use of (4) The PUD and Development Guide would not be so injurious to surrounding properties to the extent of depriving neighboring property owners of any reasonable use of their property. (5) All land contained in the PUD District is within the City, proper [notification has been served] notice was sent to surrounding property owners, and the required public hearing [has been] was held. (b) The Planning and Zoning Commission, before a PUD [Development] Site Plan may be approved, shall make findings concerning the following: (1) The [Development] Site Plan conforms to the concepts of the approved PUD Zone District and meets the Design Standards and Guidelines for PUD's adopted by the 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 development 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, homeowner association contracts and other proposed documents 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 three hundred (300) feet of the exterior boundary of the PUD [Development] Site Plan has been [served] sent 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: (1) The change is within the limitations of a major revision; (2) The change conforms to the concepts of the PU D Zone District; (3) The change does not adversely affect the Development Plan; (4) Proper notification to adjacent property owners within three hundred (300) feet of the exterior boundary of the PUD Development Plan has been [served] sent 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 revision; (2) The change [does] will not adversely affect the Development Plan. Section 17 -8 -12. [Status report] Inactive Developments [At least once every twelve (12) months the Zoning Administrator shall provide to the Planning and Zoning Commission and the City Council a status 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 completion and problems or difficulties which have been encountered. A copy of the status report shall be provided to the owners or applicant.] Any land in an approved PUD zone district which is not developed as required in the PUD Site Plan within three (3) years of the date of approval by City Council shall not thereafter be developed until a new or amended Development Plan for such land has been approved. Such new or amended Development Plan shall comply with all of the requirements of this Code in effect when the amended or new Development Plan is submitted. Section 17 -8 -13. Fees. The fee schedules for PUDS[- related actions are as follows:] shall be established by Resolution of the City Council. [(1) 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. (2) Both the Planning and Zoning Commission and the City Council shall charge a fee of twenty -five dollars ($25.00) or fifty cents ($0.50) 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. (3) The Planning and Zoning Commission shall charge a fee for Development Plan review or major revision, based on that portion revised, which shall be twenty -five dollars ($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 (4) Minor revision review shall have a review fee of twenty -five dollars ($25.00). (5) 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.] Section 17 -8 -14. Subdivision of a PUD. (a) The subdivision or resubdivision of lands designated as PUD shall be in conformance with the Development Plan and Guide before a building permit may be issued. The City Council, upon recommendation of the Planning and Zoning Commission, may vary or modify such subdivision requirements to permit the subdivider to develop his or her property in conformity [to] with the PUD Development Plan and Guide [or Zone District,] provided [that] the provisions of Section 12 -4 -10 are met. (b) All private and public improvements shall be constructed with materials and construction methods which meet or exceed the City standards and Codes in effect at the time of construction. Section 17 -8 -15. Maintenance of Common Areas. [(a)] The applicant shall provide [for] and establish an organization 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 as a condition of subdivision approval [(b) 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 PUD 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 Administrator may serve written notice upon such organization or upon the residents of the PUD setting forth the manner in which the organization has failed to maintain the common open space, private streets or private parking areas in a reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall state the date and place of a hearing thereon which shall be held within thirty (30) 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 within said thirty (30) days or any extension thereof, the City, in order to preserve the taxable values of the properties within the PUD and to prevent the common open space, private streets or private parking areas from becoming a public nuisance, may enter upon the same and maintain the same for a period of one (1) 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 expiration of said year, the City shall, upon its initiative or upon the written request of the organization theretofore responsible for the maintenance of the common open space, private streets or private parking areas, call a public hearing upon notice to such organization, or to the residents of the PUD, to be held by the Planning and Zoning Commission, at which hearing such organization or the residents of the PUD shall show cause why such maintenance by the City shall not, at the election of the City, continue for a succeeding year. If the Planning and Zoning Commission shall determine that such organization 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 the same at the end of said year. If the Planning and Zoning Commission 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 thereafter. (c) The cost of such maintenance by the City shall be paid by the owners of properties within the PUD that have a right to enjoyment of the common open space, private street or private parking area, and any unpaid assessments shall become a tax lien on said properties. The Director of Finance 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 PUD, 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.] [Section 17 -8 -16. Applicability. [(a) Chapters 3, 4, Sections 21 thru 37 of Chapter 5, and Sections 1, 3, 5, 6 and 7 of Chapter 6 of this Title shall not apply to a PUD Zone District or Plan established hereunder unless the ordinance establishing such district or plan shall specifically otherwise provide. (b)] The City Council hereby declares that the creation of a PUD Zone District or Development Plan is a local and municipal matter and that it has enacted this ordinance with the intention of superseding, within the territorial limits and other jurisdictions of the City, the Planned Unit Development Act of 1972, Article 67 of Title [17] 24, C.R.S. SECTION 2. This Ordinance shall become effective on July 10, 2006 INTRODUCED: June 26, 2006 BY: Randy Thurston COUNCILPERSON APPROVED: �•� President of City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: July 10, 2006 Background Paper for Proposed ORDINANCE C 0 e/ AGENDA ITEM # >,;� 28 DATE: JUNE 26, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATORMERRY M. PACHECO TITLE AN ORDINANCE AMENDING CHAPTER 8 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PLANNED UNIT DEVELOPMENT ZONE DISTRICT ISSUE Should the City Council amend Chapter 8 of Title XVII of the Pueblo Municipal Code amending the Planned Unit Development Zone District regulations? RECOMMENDATION The Planning and Zoning Commission, at their June 14, 2006 Regular Meeting, voted 6 -0 to recommend approval. BACKGROUND The nature of the proposed text amendment is to remove antiquated provisions of the Planned Unit Development (PUD) Ordinance and modernize the Ordinance with contemporary terms and revised provisions. Adopted on May 13, 1974, the PUD Ordinance has remained unchanged since January 13, 1975. No property within the City has been or is presently zoned PUD. FINANCIAL IMPACT None