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HomeMy WebLinkAbout08748 City Clerk’s Office Item # R-7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 9, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING SECTION 17-4-32 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO INTERIM STRUCTURES AND PROVIDING PENALTIES FOR VIOLATION THEREOF SUMMARY: Attached for consideration is a text amendment that will amend Section 17-4-32 of Chapter 4 of Title XVII of the Pueblo Municipal Code relating to interim structures. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The proposed Ordinance will grant the Administrative Official the authority to issue an interim use permit for the installation of structures, which by design are not considered temporary structures, but are so minimal in impact that full compliance with commercial requirements would be excessive. Specific conditions outlined in the Ordinance shall be included in the permit. If approved, the Permit would be issued for a maximum of two (2) years, with the allowance of a one (1) year extension. At the expiration of the permit, the applicant will have the opportunity to remove the structure, or bring the site into compliance with the applicable codes, allowing the structure to remain. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their May 14, 2014 Regular Meeting, voted 4- 1-0 to recommend approval with Commissioners Burrer and Lucas absent and Commissioner Seybold dissenting. STAKEHOLDER PROCESS: A Notice of Public Hearing was published in the Pueblo Chieftain and a Public Hearing was held before the Planning and Zoning Commission on May 14, 2014. ALTERNATIVES: If City Council does not approve this Ordinance, Title XVII of the Pueblo Municipal Code will not be amended to reflect the proposed changes relating to interim structures. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. Attachments: Minutes of the Planning and Zoning Commission May 14, 2014 Regular Meeting Staff Report for Text Amendment TA-14-02 and Exhibits Notice of Public Hearing ORDINANCE NO. 8748 AN ORDINANCE AMENDING SECTION 17-4-32 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO INTERIM STRUCTURES AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 17-4-32 of Chapter 4, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified to read as follows: Sec. 17-4-32. Temporary and interim uses. (a) Uses authorized. Upon satisfaction of the requirements of this Section, the Director of Finance may issue a temporary use permit for any activity, occupation or business which is permitted in the zone district wherein the use is sought to be conducted, provided that such temporary use does not exceed thirty Upon issuance of an Interim Use Permit by (30) days in any calendar year. the Administrative Official, as authorized below, the Director of Finance may issue a temporary use for a period to exceed thirty (30) days in any calendar year. The Administrative Official shall only issue an interim use permit upon satisfaction of the requirements of Section (e) below, . . . (b) Application. A written application for a temporary use permit shall be submitted to the Director of Finance containing the following information. . . . [ (6) A certificate of zoning compliance from the Director of the Department of Zoning Administration shall accompany every ] The Administrative application for a temporary use permit. Official, or his or her designee, shall verify the proposed temporary use is permitted in the zone district where the use is sought to be conducted, and verify authorization by the property owner to conduct the proposed use on his or her property. (e) Interim Use Permit. The Administrative Official may issue an Interim Use Permit upon satisfaction of all of the requirements below: (1) The use shall not be operated from a truck, trailer, or other vehicle with motive power, wheels and/or axels, nor shall the structure be placed on a permanent foundation. (2) The use shall only be permitted for a period of two (2) years, with the ability of the Administrative Official to grant one (1) extension, not to exceed a total of three (3) years. (3) The structure may not be connected to permanent utilities, except power. (4) The Department of Transportation shall review and approve all requests for a drive-thru, or for the removal of any parking spaces. In addition, they may require the installation of handicap parking spaces. (5) The applicant shall execute an agreement with the Administrative Official, which states all conditions of approval as well as the length of time the permit is issued. (6) Upon expiration of the Interim Use Permit, the applicant must remove the structure, or bring the site into compliance with all applicable codes current at the time of expiration of the Interim Use Permit. This shall include, but not be limited to, parking, stormwater improvements, public improvements, and landscaping for the parcel from which the use is operated. (7) The Administrative Official may include additional conditions of approval as may be appropriate to protect the health, safety and welfare of the general public. SECTION 2. This Ordinance, and these amendments to Title XVII of the Pueblo Municipal Code, shall be subject to administration and enforcement in accordance with Chapters 5 and 7 of the Title XVII, Pueblo Municipal Code, as amended. Any person who violates any provision of this Ordinance or these amendments shall be guilty of a municipal offense and subject to the 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 this Ordinance to effectuate the transactions described therein. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: June 9, 2014 BY: Ami Nawrocki COUNCILPERSON PASSED AND APPROVED: June 23, 2014