The city council finds that standard zoning practices such as single-purpose base zones, planned unit developments or other types of normal zoning classifications are inadequate to address the development of larger parcels of property in the city to ensure that these developments are well-planned, sensitive to the needs of the city and, also, successful in recognizing the rights of property owners to develop their land. This is especially true when the property involves issues of infill and configuration, and when the development of the property may take several years. The city council has carefully researched the state-of-the-art practices for how to deal with such larger projects. Based on that research the city council has determined that for certain projects it is appropriate to create zoning and other land use requirements on a property-by-property basis with the development of the property carefully agreed to by the city and the property owner, and those agreed-upon regulations being enforced and ensured by the terms of a development agreement. The purpose of this chapter is to create enabling provisions for adopting such specialized zones and applying them to particular properties.

(Code 2023, § 10-33-1; Ord. No. 2021-22, 8-22-2021)

The provisions of this chapter shall apply only to development projects over 200 contiguous acres in size.

(Code 2023, § 10-33-2; Ord. No. 2021-22, 8-22-2021)

The owner, or the owner's authorized agent, of a property or accumulation of properties that is in excess of 200 contiguous acres in size may petition the city to create an individual large master-planned community sub-zone and apply that particular sub-zone to the property. The application shall include the elements listed in HCC 10-33-4. The planning commission shall consider the application and make a recommendation to the city council in the same manner as the city considers any other zoning text and mapping petitions at the time of the application. The city council, acting in its legislative capacity, shall determine whether to create the sub-zone, map it to the property and approve the master development agreement required in HCC 10-33-5. The application for a sub-zone creates no rights in the property owner until any such sub-zone and the master development are approved by the city council and recorded against the property.

(Code 2023, § 10-33-3; Ord. No. 2021-22, 8-22-2021)

Any application for a large master-planned community sub-zone shall include the following and such other materials as the city may require:

1. The proposed zone name of the sub-zone;
2. A map of the property proposed for the sub-zone, including topographical information at two-foot contours or more detailed;
3. The proposed sub-zone text specifying the permitted, conditional, and accessory uses to be more fully detailed in the master development agreement; and
4. A proposed master development agreement.

(Code 2023, § 10-33-4; Ord. No. 2021-22, 8-22-2021)

1. The proposed master development agreement shall include the items specified in subsection (C) of this section.
2. The city council, in its legislative discretion, shall exercise its general policy determination functions in considering and may make any modifications to the proposed master development agreement that it deems appropriate before approving the master development agreement and applying it to the property as a part of the creation and mapping of the sub-zone.
3. Required elements in master development agreement:
   1. A master plan of the project showing:
      1. The general areas of each intended use and the approximate intensity of each such use such as the approximate number of each type of residential or support use; each commercial, office or retail use;
      2. The approximate location of major infrastructure such as main public roads, water tanks, utility lines;
      3. The general location size and type of public or private parks, trails and open space;
   2. Proposed development standards for the various types of residential, commercial, retail office or other uses proposed including lot areas, dimensions and setbacks;
   3. Proposed design standards addressing building height, massing and orientation, common and private open space, natural resource protection, architectural design and materials, landscaping and buffering standards, parking and signage;
   4. Proposed process for implementing, administering, enforcing and making modifications to the proposed project;
   5. The length of the term of the master development agreement;
   6. Processes for amending the master development agreement;
   7. A provision ensuring that the city cannot be held liable for any damages arising out of the master development agreement;
   8. Any other provisions as required by the city council master development agreement policy;
   9. Any other items that the city attorney deems appropriate for consideration by the city.

(Code 2023, § 10-33-5; Ord. No. 2021-22, 8-22-2021)

It is the intent of the city that after the policy considerations by the city council in adopting the proposed sub-zone, applying that sub-zone to the property and entering into the master development agreement then any implementation of the sub-zone or the master development agreement is administrative in nature and not legislative.

(Code 2023, § 10-33-6; Ord. No. 2021-22, 8-22-2021)