HomeMy WebLinkAbout07886ORDINANCE NO. 7886
AN ORDINANCE AMENDING TITLE XVII OF THE PUEBLO MUNICIPAL CODE BY THE
ADDITION OF CHAPTER 14 THERETO RELATING TO MASTER PLANNED COMMUNITY ZONE
DISTRICTS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicated text
being deleted, underscoring indicates text being added)
SECTION 1.
Title XVII of the Pueblo Municipal Code is hereby amended by the addition of a new
Chapter 14 to read as follows:
CHAPTER 14
Master Planned Communitv Zone District
Sec. 17 -14 -1. Purpose, Intent and Objectives.
(a) The Master Planned Community Zone District (MPCD) is established to permit and
encourage the development of unique, large- scale, comprehensively planned communities
controlled by one or more owners under a unified development plan. The MPCD designation is
appropriate for such property only if its Planned Community Program will accomplish the
obiectives set forth in Subsection (b) below.
(b) For property to qualify for the MPCD designation, the Master Developer must demonstrate
the potential for achievement of the following specific objectives throughout the planning, design
and development stages under an approved Planned Community Program:
(1) Provide an orderly and creative arrangement of land uses with respect to each
other, to the entire Pueblo Community and to all adjacent land;
(2) Create a mix of housing types, primary and secondary employment opportunities,
and commercial services to achieve a full service and balanced community for variety of
households with a wide ranae of aaes. sizes. and levels of income:
(3) Provide a planned and integrated comprehensive transportation system for
pedestrian and vehicular traffic, which includes provisions for mass transportation and
roadways, multi -modal transportation alternatives, pedestrian ways and other similar
transportation facilities;
(4) Provide or create opportunities for cultural, educational, health, safety, medical,
reliaious and recreational facilities:
(5) Site the layout of buildings and structures to take advantage of the natural and
manmade environment and to provide view corridors;
(6) Provide adequate, well - located and well - designed parks, open space and
community facilities; and
(7) Assure integration of municipal services and facilities with existing public service
systems.
Sec. 17 -14 -2. Definitions.
(a) "Development Agreement" means an agreement between the Master Developer and the
City, most often in the form of an annexation agreement, that clearly establishes the Master
Developer's responsibility regarding project phasing, the provision of public and private
facilities, and improvements and any other mutually agreed to terms and requirements.
(b) "Development Parcel" means an area of property within a Master Development Plan
which is defined by location, size, type and intensity of land uses, and related Development
Standards. An approved Final Development Plan is required for each Development Parcel prior
to development of the property.
(c) "Development Standards" mean the standards for development set forth in the
Planned Community Program, including but not limited to standards for intensity and type of
land use, densities, building design, layout, configuration, height, coverage, spacing, lot size,
bulk and setback requirements, provision for utilities, topography and drainage patterns,
signage, parks, open space and landscaping, on -site vehicular and pedestrian circulation and
parking, urban design elements and features, and other site amenities. Establishing certain
Development Standards may be deferred and later approved as part of a Final Development
Plan provided such standards are substantially consistent with the standards approved in the
Planned Community Program.
(d) "Final Development Plan" means a detailed written plan, including Development
Standards, and accompanying maps which identify the final spatial organization of any
combination of residential, commercial, industrial or public uses that are permitted within a
Development Parcel in an approved Master Development Plan to the extent they are consistent
with the Planned Community Program for a MPCD.
(e) "Master Developer" means the owner of all or part of the property under or in a
MPCD.
(f) "Master Development Plan" means a general written plan and accompanying maps
which identify, with respect to a MPCD, the proposed location and size of Development Parcels
that would be subject to Final Development Plan approval, land uses for each Development
Parcel; community facilities and amenity plans; and the applicable Development Standards.
"Planned Community Program" means the general development framework plan that reflects the
terms of the Development Agreement and establishes the Master Development Plan and
Development Standards for a MPCD. Sec. 17 -14 -3. Permitted Land Uses and Development
Standards.
Development in a MPCD may consist of any use or combination of uses that are specifically
approved for a Development Parcel in the Master Development Plan. The Master Developer shall
include in the adopted Master Development Plan a list of approved uses and the general
arrangement for each land use category by Development Parcel within the proposed MPCD.
Sec. 17 -14 -4. Intensity and Density of Land Uses.
The approved Planned Community Program shall establish the following at the time of the Master
Development Plan is approved:
al the Densitv for each residential cateaory for all orooerty desianated for residential use in
each Development Parcel, and density for the entire property included within the Master
Development Plan. Density means the maximum number of dwelling units per gross acre for all
land desianated for residential use within the boundaries of each Development Parcel
calculated as an average; and
(b) the Intensity of all property designated for non - residential use in each Development Parcel.
Intensity means the maximum gross floor area and the floor area ratio (F.A.R.) for all land
desianated for non - residential use within the boundaries of each Development Parcel.
Sec. 17 -14 -5. Minimum Site Area for Zoning.
The minimum site area that is eligible to be zoned MPCD classification is 1,500 acres. Any
additional tract which contains less than the minimum site area and which is contiguous to property
previously zoned MPCD may also be zoned MPCD by the City Council if it otherwise qualifies for
the MPCD designation and, at the time of such rezoning. The rezoning of any such additional
property shall be subject to an approved Planned Community Program applicable to that property.
Sec. 17 -14 -6. Special Application Requirements.
The following plans and information must accompany a MPCD application, and shall be
incorporated into an approved Planned Community Program, are as follows:
(a) A Master Development Plan.
(b) Development Standards.
(c) A Master Drainage Plan, which shall consist of storm drainage information contained within
a study completed by a Colorado registered professional engineer.
(d) A Master Utility Plan, which illustrates a conceptual utility plan that includes sanitary sewer
and water transmission main corridors.
(e) A Master Parks, Open Space and Trails Plan.
(f) A Master Transportation Plan, which includes a plan for the overall street and circulation
network including a traffic study.
A Phasina and Improvement Schedule which identifies methods to fund public improvements and
infrastructure, including the formation of special districts.
(g) An inventory and assessment of environmental issues.
(h) A Fiscal Impact Report.
(i) Proposed conditions, covenants and restrictions, including design guidelines and provisions
for common area maintenance and homeowners associations.
:. 17 -14 -7. Review. Recommendation and Approval.
(a) Planned Community Program. The zoning approval process for MPCD designation shall
consist of a review and recommendation by the Planning and Zoning Commission, in
accordance with the procedures of Section 17 -6 -2 of this Title, and approval by City Council by
ordinance. The approval of a MPCD designation by the City Council by ordinance shall include
the approval and adoption of a Planned Community Program.
(b) Modified Planned Community Program. Property in a MPCD may be developed only in
accordance with the approved Planned Community Program and any approved modifications
thereof or deviations therefrom. No modification or deviation shall be effective unless it is
approved in accordance with this section and the procedures set forth in the Planned
Community Program. The Director of the Department of Planning and Community
Development ( "Director") may request modification of a Planned Community Program in
accordance with the modification procedures set forth in the Planned Communitv Proaram.
(c) Planned Community Program Modification Procedures. A Planned Community Program
shall contain procedures to provide for modification of and deviation from the Planned
Community Program pursuant to review by the Director, the Planning and Zoning Commission
or the City Council, or any combination thereof, and such procedures shall supercede and
replace any other procedure, other than the procedures for notification of public hearings, that
is provided in this Title for the approval of any rezoning, variance or special use permit. With
respect to any modification or deviation that requires approval by the Planning and Zoning
Commission or City Council, or both, the modification or deviation may be approved only upon
a finding by the Planning Commission or City Council, as the case may be, that:
(1) The requested modification or deviation, if approved, will not affect or eliminate the
obliaation or abilitv to maintain common areas and facilities: and
(2) The requested modification or deviation, if approved, will be substantially consistent
with the planning objectives and goals of the approved Planned Community Program.
(d) Department of Planning and Community Development Conformance Review. Each Final
Development Plan that is submitted in connection with the implementation of a Planned
Community Program shall be reviewed for conformance therewith by the Director. The Director
may require modifications that bring the Final Development Plan into conformance with the
purposes, intent and objectives of 17 -4 -1.
(e) Review of Decisions. An applicant for either a modification or deviation from a Planned
Community Program, or, for a Final Development Plan, who is aggrieved by the decision of:
(1) the Director, may request a review of such decision by the Planning and Zoning
Commission by filing a written request for review specifying the grounds therefore with the
Secretary of the Planning and Zoning Commission within ten (10) calendar days from the
date of the Director's decision. If a complete request for review is not filed with the
Secretary of the Planning and Zoning Commission within said 10 -day period, the decision
of the Director shall be final: or,
(2) the Planning and Zoning Commission, may request a review of such decision by the
City Council by filing a written request for review specifying grounds therefore with the City
Clerk within ten (10) calendar days from the date of the Planning and Zoning
Commission's decision. If a complete request for review is not filed with the City Clerk
within said 10 -day period, the decision of the Planning and Zoning Commission shall be
final.
(3) All review hearings shall be scheduled at a public meeting to be held not more than
60 days after the date of filing the written request and shall be limited to the grounds
specified in the request. The applicant and other interested parties shall be given notice of
the review hearing at least five (5) calendar days prior to the scheduled meeting. All
decisions of he Citv Council shall be final and bindina upon the Citv and the applicant
Sec. 17 -14 -8. Open Space and Landscape Area Requirements.
A minimum of twenty (20) percent of the gross property area in the MPCD shall consist of parks,
open space, recreation facilities, multi - purpose trails, pedestrian and bikeway facilities, and
landscaped rights -of -way. Specific open space and landscape area requirements shall be set forth
in the Planned Community Program.
Sec. 17 -14 -9. Street and Subdivision Design Requirements.
All development shall conform to the standard street and subdivision design requirements set forth
in the Municipal Code, as amended, except as otherwise provided for specifically in an approved
Planned Community Program.
Sec. 17- 14 -10. Non - applicability of other Provisions.
(a) The Development Standards may contain provisions to process and review minor
exceptions, deviations, site plan reviews, Final Development Plan Modifications and other land
use control procedures. If such procedures are so provided and approved by the City Council
by ordinance, they will supersede the corresponding procedures set forth in this Title.
(b) With regard to any issue of land use regulation that may arise in connection with the MPCD
and that is not addressed or provided for specifically in this Chapter or in an approved Planned
Community Program, the Director of the Department of Planning and Community Development
may apply by analogy the general definitions, principles and
procedures set forth in this Title, taking into consideration the intent of the approved Planned
Community Program.
Sec. 17- 14 -11. Findings of fact.
The Planning and Zoning Commission, before recommending to City Council that any property be
zoned to MPCD shall make findinas concernina the followina:
(a) The MPCD and Planned Community Program provide for an orderly and creative
arrangement of land uses with respect to each other, to the entire Pueblo Community and to
all adjacent land.
(b) The MPCD and Planned Community Program provides for a variety of housing types,
employment opportunities and commercial services to achieve a full - service and balanced
community for households of a wide variety of ages, sizes, and levels of income.
(c) The MPCD and Planned Community Program provides for a planned and integrated
comprehensive transportation system for pedestrian and vehicular traffic, which includes
provisions for mass transportation and roadways, multi -modal transportation alternatives,
pedestrian ways and other similar transportation facilities.
(d) The MPCD and Planned Community Program provides for cultural, educational, medical,
religious and recreational facilities.
(e) The MPCD and Planned Community Program established criteria for locating and siting
structures to take advantage of the natural and manmade environment and to provide view
corridors.
(f) The MPCD and Planned Community Program provides for adequate, well - located and
well - designed open space and community facilities.
(g) The MPCD and Planned Community Program are in accord and in harmony with the
comprehensive zoning plan and promote 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 and general welfare.
Sec. 17- 14 -12. Subdivision of a land located within a MPCD
The subdivision or resubdivision of lands located within a MPCD shall be in conformance with an
approved Final Development Plan before a building permit for the development of such lands shall
be issued. The City Council, upon recommendation of the Planning and Zoning Commission, may
vary or modify such subdivision requirements in the ordinance approving the subdivision or
resubdivision to permit the subdivider to develop the property in conformity to the Final
Development Plan, provided that the provisions of Section 12 -4 -10 are met.
Sec. 17- 14 -13. Applicability.
The City Council hereby declares that the creation of a Master Planned Community Zone District is
a local and municipal matter and that it has enacted this Chapter with the intention of superseding,
within the territorial limits and other iurisdictions of the Citv. the Planned Unit Development Act of
1972. Article 67 of Title 17. C.R.
SECTION 2.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED September 8, 2008
BY Randv Thurston
0Y6t_- - 7 g k(o
[D
ED
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 3 S
DATE: SEPTEMBER 8, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE AMENDING TITLE XVII OF THE PUEBLO MUNICIPAL CODE BY
THE ADDITION OF CHAPTER 14 THERETO RELATING TO MASTER PLANNED
COMMUNITY ZONE DISTRICTS
ISSUE
Should City Council approve the Ordinance amending Title XVII of the Pueblo Municipal
Code by the addition of Chapter 14?
RECOMMENDATION
The Planning and Zoning Commission, at their August 27, 2008 Special Session, voted
6 -0 to recommended by approval.
BACKGROUND
The proposed Master Planned Community Zone District is a new tool that will facilitate
the master planning and zoning of any future large -scale annexation such as Pueblo
Springs Ranch. Presently, the City does not have a zone district category that would
appropriately address the development issues associated with such large -scale
annexations given their vast size and extended development horizons.
FINANCIAL IMPACT
None.