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HomeMy WebLinkAbout09709As Amended May 26, 2020 ORDINANCE NO. 9709 AN ORDINANCE AMENDING SECTION 17-2-2 OF CHAPTER 2 AND SECTIONS, 17-4-51(c), 17-4-51(e) OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO REMOVAL OF THE FOLLOWING DEFINED USES: RETAIL SALES, ANTIQUES; RETAIL SALES, SECONDHAND; AND RETAIL SALES, THRIFT FROM THE CODE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 17-2-2, of Chapter 2, Article V, of Title XVII is hereby amended to read as follows: Section 17-2-2 – Use definitions. For the purpose of this Title, certain terms or words used herein shall interpreted as follows: . . . (132) Retail sales: a. \[Antiques means an establishment primarily engaged in selling antiques. An antique shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least fifty (50) years old. Antique shop does not include "secondhand store."\] reserved . . . f. General means a commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase \[and removal from the premises by the purchaser\] but excludes those classified more specifically by definition. . . . i. \[Secondhand means an establishment primarily engaged in the retail sales or consignment of antiques or previously used merchandise, such as clothing, household furnishings or appliances and/or sports/recreational equipment but does not include the resale of donated goods. This classification does not include secondhand motor vehicles, parts, or accessories.\] reserved j. \[Thrift means an establishment primarily engaged in the resale of donated goods, typically by non-profit charity organizations.\] reserved SECTION 2. Section 17-4-51, (c) of Chapter 4, Article V, of Title XVII is hereby amended to read as follows: Section 17-4-51(c) – Permitted Use Table. USE SPECIFI… R6 … B1 B2 B3 B4 BP CCCCHB HAHA… I3 … CATEGORIES C N N RPRP USES MAMI1 2 DEFINIJOR NO TION R \[Retail (132) a \[S\] \[P\] \[P\] \[P\] \[P\] \[S\] \[C\] \[C\] \[C\] \[C\] \[P\] sales, antiqu es\] Reserved \[Retail sales, (132) i \[S\] \[S\] \[P\] \[P\] \[P\] \[P\] \[S\] \[S\] \[S\] \[S\] \[S\] \[P\] secondhand\] Reserved \[Retail sales, (132) j \[S\] \[S\] \[S\] \[P\] \[P\] thrift\] Reserved SECTION 3. Section 17-4-51, (e) of Chapter 4, Article V, of Title XVII is hereby amended to read as follows: Section 17-4-51(e) – Conditional Uses. In addition to other requirements, the following conditions shall apply to each of the use in the districts where they are indicated with a “C” in the Land Use Table. The conditions are listed below . . . (44) \[Retail sales, antiques. a. No outdoor storage or display permitted. b. HARP Authority review and approval required for HARP zoned properties.\] reserved . . . (47) Retail sales, general. a. Shall not exceed three thousand two hundred fifty (3,250) square feet in gross floor area. b. Limited to neighborhood retail uses, as determined by the Administrative Official. c. Outdoor display, storage, or drop-off facilities are prohibited. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW SECTION 5. This Ordinance shall become effective thirty (30) days after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 11, 2020 . Final adoption of Ordinance by City Council on May 26, 2020 . President of City Council Action by the Mayor: ☒ Approved on May 27, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: May 11, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING SECTION 17-2-2 OF CHAPTER 2 AND SECTIONS, 17-4-51(c), 17-4-51(e) OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO REMOVAL OF THE FOLLOWING DEFINED USES: RETAIL SALES, ANTIQUES; RETAIL SALES, SECONDHAND; AND RETAIL SALES, THRIFT FROM THE CODE SUMMARY: Attached for consideration is a Text Amendment that will amend Title XVII of the Pueblo Municipal Code, and associated Retail Sales, General Definition, relating to Retail Sales, Antiques; Retail Sales, Second Hand; and Retail Sales, Thrift. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City is proposing a Text Amendment to the Title XVII Municipal Code Sections: 17- 2-2 Use definitions, 17-4-51 permitted uses, and subsequent charts. This Ordinance will remove the following defined uses of Retail Sales, Antiques; Retail Sales, Secondhand; and Retail Sales, Thrift from the Code. The Planning Department’s goal is to reduce the number of business types “specially defined” within Retail Sales subsection in order to effectively include those under the Retail Sales, General category. To mitigate any negative externalities of this amendment, land use conditions have been added to section 17-4-51 under Retail Sales, General. These conditions specifically address outdoor storage, drop-off, and displays. The sale of antiques, secondhand, or thrift items constitutes retail sale of goods and the Planning Department feels removing these definitions is a pragmatic way to help streamline the permitting process and to avoid any appearance of discrimination of businesses that provide secondhand goods. FINANCIAL IMPLICATIONS: This will reduce delays and staff time in business licensing, create new business opportunities, and has the potential to increase sales tax revenue. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their March 11, 2020 Regular Meeting, voted 4-0, (Avalos absent) to recommend approval. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing by publication of the proposed amendment fifteen (15) days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Ordinance, Title XVII of the Pueblo Municipal Code will not be amended. Retail Sales, Antiques; Retail Sales, Second Hand; and Retail Sales; Thrift will remain as specifically defined uses requiring a Special Use Permit. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance Minutes of the Planning and Zoning Commission March 11, 2020 Public Hearing Planning and Zoning Commission Staff Report Notice of Hearing