HomeMy WebLinkAbout08639ORDINANCE NO. 8639
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII
OF THE PUEBLO MUNICIPAL CODE RELATING TO
FRONT YARD SETBACKS IN THE O-1 AND B-3 ZONE
DISTRICTS WHEN ADJACENT TO AN EXPRESSWAY
AND PROVIDING PENALTIES FOR VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates matter being added)
SECTION 1.
Section 17-4-3, Chapter 4, Title XVII of the Pueblo Municipal Code, as amended,
is hereby amended, to read as follows:
Sec. 17-4-3. Schedule of District Regulations (Part II, Residential).
SCHEDULE OF DISTRICT REGULATIONS (Part II, Non-Residential) (B)
O-1 B-1 B-2 B-3 B-4 I-1 I-2 I-3 S-1 S-S-S-4 S-5 CCN
2 3
(a) Min Lot Area 5,000s5,000s5,000s5,000s5,000s20,00010,00010,000R -- R 3,000sR (F)
f f f f f sf sf sf f 2500s
f
(b) Min Lot Width 50' 50' 50' 50' 50' 100' 50' 50' R -- R 30' R (F)
25'
(c) Max 50% 50% 50% 50% 100% 25% 100% 100% R -- R -- R 100%
Coverage of
Lot
(d) Max Floor .5 -- -- 1.5 4 .5 1 2 R -- R -- R 2.0
Area Ratio
(e) Max Building 20' 35' 35' 50' -- 45' -- -- R (C) R 35' R 35'
Height
[][]
(f) Min Front 25' -- 25' -- -- R -- R (A) R (F)
(D)(D)
Yard Setback 25' 25'
25' 25'
(g) Min Side Yard (A) (A) (A) (A)(E) (A)(E) 25' (A)(E) (A)(E) R -- R (A) R (G)
Setback 5' 5' 5' 15' 5' 5' 15' 5'
(h) Min Rear Yard (A) (A) (A) (A)(E) (A)(E) 25' (A)(E) (A)(E) R -- R (A) R (A)
Setback 15' 15' 15' 15' 15' 15' 15' 15' 15'
(A) Does not apply on the portion of the parcel adjacent to another parcel also in a
Business or Industrial zone. It does apply when the portion of the parcel is
adjacent to a residential or special zone (streets or alleys not considered).
(B) See Section 17-4-5 and Section 17-4-6 for additional requirements.
(C) See Section 17-4-51(17)c.
[
(D) That portion of the parcel adjacent to an "expressway" shall provide 75' of front
] Reserved
setback.
(E) See Section 17-4-6.
(F) 25 feet for single-family or two-family residential; no minimum setback for other
uses.
(G) See Section 17-4-5 for side yard setbacks.
R - Review and approval by Planning and Zoning Commission required in each
case.
SECTION 2.
This Ordinance, and the amendments made herein to Title XVII of the Pueblo
Municipal Code shall be subject to administration and enforcement in accordance with
Chapters 5 and 7 of Title XVII, Pueblo Municipal Code, as amended. Any person who
violates any provision of this Ordinance or the amendments made herein to Title XVII of
the Pueblo Municipal Code shall be guilty of a municipal offense and subject to
punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo
Municipal Code, as amended.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of the Ordinance to effectuate the policies and
procedures described herein.
SECTION 4.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: September 23, 2013
BY: Chris Kaufman
PASSED AND APPROVED: October 15, 2013
Background Paper for Proposed
ORDINANCE
DATE: SEPTEMBER 23, 2013 AGENDA ITEM # R-2
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JULIE ANN WOODS, AICP/ASLA, DIRECTOR
TITLE
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO
MUNICIPAL CODE RELATING TO FRONT YARD SETBACKS IN THE O-1 AND B-3
ZONE DISTRICTS WHEN ADJACENT TO AN EXPRESSWAY AND PROVIDING
PENALTIES FOR VIOLATION THEREOF
ISSUE
Should City Council amend Section 17-4-3 of Chapter 4 of Title XVII of the Pueblo
Municipal Code relating to front yard setbacks in the O-1 and B-3 Zone Districts when
adjacent to an expressway?
RECOMMENDATION
The Planning and Zoning Commission, at their August 14, 2013 Regular Meeting, voted
7-0 to recommend approval.
BACKGROUND
The 1968 Zoning Ordinance did not include a designation for B-3 Zone Districts. In
1974 the B-3, Highway and Arterial Zone District, was added to provide areas along
highways and arterial streets for the location of businesses and services. The B-3 Zone
District required a 25’ front yard setback, which increased to 75’ if the parcel was
adjacent to an “expressway.” Initially, many properties were rezoned to B-3, but starting
around 1987 rezoning to B-3 saw a significant decline.
Additionally, when the O-1 Zone District was created in 1975 it required the same 75’
front yard setback when adjacent to an expressway. The intent of the 75’ setback from
expressways was to facilitate roadway widening should it become necessary to do so in
the future. At the time, the Colorado Department of Transportation (CDOT) was utilizing
frontage roads, which required 50’ of right-of-way and the remaining 25’ for the setback.
Now that CDOT is no longer utilizing frontage roads along their highways, the need for
the 75’ setback to provide expansion room for the highways is no longer necessary.
Once the 75’ setback along expressways is removed, the standard 25’ front yard
setback will remain.
FINANCIAL IMPACT
None.