(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 (1) 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 objectives 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 a variety of households with a wide range of ages, 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, religious 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.

(Ord. No. 7886 §1, 9-22-2008)

(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 that 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 an MPCD.

(e)

Master Developer means the owner of all or part of the property under or in an MPCD.

(f)

Master Development Plan means a general written plan and accompanying maps which identify, with respect to an 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.

(g)

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 an MPCD.

(Ord. No. 7886 §1, 9-22-2008)

Development in an 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.

(Ord. No. 7886 §1, 9-22-2008)

The approved Planned Community Program shall establish the following at the time the Master Development Plan is approved:

(a)

The density for each residential category for all property designated 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 designated for residential use within the boundaries of each Development Parcel calculated as an average; and

(b)

The intensity of all property designated for nonresidential use in each Development Parcel. Intensity means the maximum gross floor area and the floor area ratio (F.A.R.) for all land designated for nonresidential use within the boundaries of each Development Parcel.

(Ord. No. 7886 §1, 9-22-2008)

The minimum site area that is eligible to be zoned MPCD classification is one thousand five hundred (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.

(Ord. No. 7886 §1, 9-22-08)

The following plans and information that must accompany an 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.

(g)

A Phasing and Improvement Schedule which identifies methods to fund public improvements and infrastructure, including the formation of special districts.

(h)

An inventory and assessment of environmental issues.

(i)

A Fiscal Impact Report.

(j)

Proposed conditions, covenants and restrictions, including design guidelines and provisions for common area maintenance and homeowners' associations.

(Ord. No. 7886 §1, 9-22-08)

(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 the City Council by ordinance. The approval of an 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 an 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 Community Program.

(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 supersede and replace any 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 the City Council, or both, the modification or deviation may be approved only upon a finding by the Planning and Zoning Commission or the City Council, as the case may be, that:

(1)

The requested modification or deviation, if approved, will not affect or eliminate the obligation or ability 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 17-14-1 of this Article.

(e)

Review of decisions. An applicant for either a modification or deviation from a Planned Community Program or from 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 therefor 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 ten-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 the grounds therefor 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 ten-day period, the decision of the Planning and Zoning Commission shall be final.

All review hearings shall be scheduled at a public meeting to be held not more than sixty (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 the City Council shall be final and binding upon the City and the applicant.

(Ord. No. 7886 §1, 9-22-08)

A minimum of twenty percent (20%) 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.

(Ord. No. 7886 §1, 9-22-08)

All development shall conform to the standard street and subdivision design requirements set forth in this Code, except as otherwise provided for specifically in an approved Planned Community Program.

(Ord. No. 7886 §1, 9-22-08)

(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.

(Ord. No. 7886 §1, 9-22-08)

The Planning and Zoning Commission, before recommending to the City Council that any property be zoned MPCD, shall make findings concerning the following:

(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 provide 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 provide 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 provide 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 provide 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.

(Ord. No. 7886 §1, 9-22-08)

The subdivision or resubdivision of lands located within an 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 of this Code are met.

(Ord. No. 7886 §1, 9-22-08)

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 jurisdictions of the City, the Planned Unit Development Act of 1972, Article 67 of Title 17, C.R.S.

(Ord. No. 7886 §1, 9-22-08)