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HomeMy WebLinkAbout09710ORDINANCE NO. 9710 AN ORDINANCE AMENDING SECTIONS 17-2-2 OF CHAPTER 2, 17-4-51(C) AND 17-4-51(E), OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE EXPANSION OF MIXED-USES IN CERTAIN ZONE DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Title XVII, Chapter 2, Article V, Section 17-2-2 of the Pueblo Municipal Code, as amended to read as follows: CHAPTER 2 – Definitions . . . Section 17-2-2 – Use definitions. . . . (90) Mixed-use means a development that includes nonresidential and residential principal uses within the same structure. The commercial uses are restricted to those permitted in the district. \[The number of residential units is restricted to not more than the number otherwise permitted in the district.\] SECTION 2. Title XVII, Chapter 4, Article V, Section 17-4-51, (C) of the Pueblo Municipal Code, as amended, is hereby modified to read as follows: CHAPTER 4 – Zoning Districts; Regulations; Use Index . . . Article V Use Index . . . Section 17-4-51(c) – Permitted Use Table. CC SPECIFIC CC USE RN USES RR… O… BN HARHARHAR… CATEGORI… C… MIHB (DEFINITIO5 6 1 4 MAP1 P2 P3 ES N NO N) JOR R Mixed-use (90) P P P S C P P C C C C SECTION 3. Title XVII, Chapter 4, Article V, Section 17-4-51 (e) of the Pueblo Municipal Code, as amended, is hereby modified to read as follows: CHAPTER 4 – Zoning Districts; Regulations; Use Index . . . (e) Conditional Uses . . . (25) Mixed-use. a. HARP-1, HARP-2, HARP-3: 1) \[Harp\] HARP Authority review and approval required. 2) Must be a commercial structure with commercial use limited to Riverwalk and street level with \[residence\] residential use above street level. \[b. CCN:\] \[1) Must comply with performance standards contained in Section 17-4- 5(1)g. (6).\] \[c.\] b. B-4 and H-B: 1) Commercial uses \[may\]shall be located adjacent to the primary street right-of-way or public access point and provide a commercial storefront. 2) Non-commercial uses \[must\] shall be located above, \[below or\] behind, or stepped back from commercial uses \[, and may not be located adjacent to the street right-of-way\] along a primary-right-of-way or building access point. Non-commercial uses may be located adjacent to a secondary public right-of-way or access point. 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. 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-6 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 SECTIONS 17-2-2 OF CHAPTER 2, 17-4- 51(C) AND 17-4-51(E), OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE EXPANSION OF MIXED-USES IN CERTAIN ZONE DISTRICTS SUMMARY: Attached for consideration is a Text Amendment that will amend Title XVII of the Pueblo Municipal Code, relating to extension of mixed-use development in certain zone districts. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Historically urban areas of Pueblo were developed in mixed-use patterns with commercial uses located at the street level and residential units established either above, behind, or to the side of the commercial use. Union Avenue and downtown were primarily developed with vertical mixed-use buildings, while neighborhoods such as Bessemer and East Pueblo experienced horizontal mixed-use development. In vertical mixed-use development, commercial uses are located adjacent to the primary public right-of-way with a commercial storefront and residential uses located above. In horizontal mixed-use developments residential uses are generally stepped back from the commercial storefront located behind the commercial use or along a side street. Traditional mixed-use development patterns changed drastically after WWII with the proliferation of the automobile. Land use codes were modified to focus on accommodating vehicular activities which introduced expansive parking areas to mitigate the negative externalities of commercial and vehicle traffic commercial and residential uses were separated for decades. The City recognizes that allowing a mixture of uses will accommodate optimal land use intensities and patterns of development that can support multiple modes of transportation. Mixed-use development will group and link places used for living, working, shopping, schooling, and recreation, thereby reducing vehicle trips and providing a variety of housing types and densities to assure activity in the City’s urban areas. FINANCIAL IMPLICATIONS: Allowing mixed-use development will expand commercial and residential development opportunities throughout the City. Results may include an increase in property investments, increased property tax revenue, employment opportunities and additional 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. The inconsistency between the mixed-use definition and table of uses will remain making it difficult to interpret the code and actualize the intent of the established mixed-use zone districts. 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 with Exhibits Notice of Hearing