HomeMy WebLinkAbout10450ORDINANCE NO. 10450
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND THE STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS IN THE AMOUNT OF
$195,000, ESTABLISHING PROJECT NUMBER CI2319, AND
BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT
OF $195,000 RELATING TO THE PUEBLO LAND USE CODE
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract between the City of Pueblo, a Colorado Municipal Corporation, and the
State of Colorado Department of Local Affairs, EIAF 9547, a copy of which is attached, having
been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
Capital Improvement Project No. CI2319, Pueblo Land Use Code Project, is hereby
established.
SECTION 3.
Subject to encumbrances by the State of Colorado Department of Local Affairs, funds
from EIAF 9547 in the amount of $195,000 are hereby budgeted and appropriated for the
Pueblo Land Use Code Project, CI2319.
SECTION 4.
The Mayor is authorized to execute and deliver the Agreement in the name of the City
and the City Clerk is directed to affix the seal of the City.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
SECTION 6.
This Ordinance shall become effective immediately upon final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on April 24, 2023.
Final adoption of Ordinance by City Council on May 8, 2023.
President of City Council
Action by the Mayor:
☒ Approved on May 09, 2023 .
□ 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 # R3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 8, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND
THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS IN
THE AMOUNT OF $195,000, ESTABLISHING PROJECT NUMBER
CI2319, AND BUDGETING AND APPROPRIATING FUNDS IN THE
AMOUNT OF $195,000 RELATING TO THE PUEBLO LAND USE CODE
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance establishes the Pueblo Land Use Code Project, CI2319, budgets and
appropriates grant funds from the Colorado Department of Local Affairs (DOLA) Energy
and Mineral Impact Assistance Funds (EIAF) in the amount of $195,000, and approves
a grant agreement between the City of Pueblo and DOLA for the Project.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The purpose of the Project is to develop a new land and subdivision code that
modernizes both sections of the Pueblo Municipal Code, establishing a unified zoning
and subdivision section of the Municipal Code. The Project will also include an update
of the city’s historic preservation code. On August 8, 2022, City Council adopted the
Pueblo Regional Comprehensive Plan, Your Plan – Your Pueblo, which includes the
City’s goals, policies and the Plan’s implementation strategies. One of these strategies
includes the implementation of municipal code updates that reflect the
recommendations within the Pueblo Regional Comprehensive Plan. The unified zoning
and subdivision codes will provide for more flexible land uses; better accommodate
areas and structures containing a mixture of uses; providing for attainable housing;
allowing for mature areas standards; living with nonconformities; providing dynamic
development standards; and allow for negotiated large developments.
The City of Pueblo Zoning Code, currently housed in Title XVII of the City’s Municipal
Code, is the primary regulatory document used to manage development within the City.
This section of the municipal code includes regulations and design standards that
address zoning, land uses, building setbacks, building heights, parking, landscaping,
neighborhood character, application procedures, and various other regulations related
to development in Pueblo. The current zoning code was developed in 1968 and
although numerous amendments have been made since its inception, it has not seen a
comprehensive update in over 50 years.
The 1968 Pueblo Zoning Code established provisions allowing for non-conforming lots,
non-conforming uses of land, non-conforming structures and premises, and non-
conforming characteristics of use that were lawful prior to the adoption of the zoning
code to remain as legal non-conforming. The intent of this provision of the code was to
permit these non-conformities to continue until they were removed, but not to
encourage their survival based on their incompatibility with the permitted uses in the
new zoning code. The 1968 zoning code failed to recognize the incongruent
relationship between historic urban neighborhoods and new developments expanding
on the edges of the City. The 1968 zoning code established land use standards
citywide that at the time were the national trend of having zoning codes tailored for
larger parcel suburban development. Many of the zoning code changes implemented
contained failed assumptions regarding non-conforming situations and the variances
that were required to allow development and redevelopment in the older established
neighborhoods.
The goals of a new unified land use code are to:
• Assess the codes to identify strengths, weaknesses, opportunities, audit and
constraints relating to contents and structure.
• Establish efficient and flexible review and approval procedures targeting sections of
the zoning and subdivision codes that are problematic, or outdated and would, to the
greatest extent, simplify and reduce review and approval times for development
applications that would include providing quick reference tools and visual elements,
such as drawings, graphics and cross-referencing tables throughout the code.
• Achieve a modernization of the codes and uses to expand flexibility and provide for
alternative compliance methodologies with respect to project context that is appropriate
in different neighborhoods of the City and provides considerations of larger residential
projects that expands opportunities for housing and mixed-use development.
• Tailor requirements to fit different development contexts within the City and look at
modifications that reduce the number of properties with non-conforming uses and
standards.
• Update standards that facilitates and encourages redevelopment and business
reinvestment within existing commercial corridors and stimulates infill development that
is compatible with neighborhoods encouraging redevelopment, reinvestment, and
density transitions.
• Incorporate code provisions that address conformance with any changed State or
Federal laws.
• Incorporating standards and incentives to promote sustainable development
practices such as building and site designs and landscaping.
The timeline for the completion of the Project is 18-24 months. A land use planning and
legal consultant will be hired to coordinate the Land Use Code Project.
FINANCIAL IMPLICATIONS:
The funding sources for the Pueblo Land Use Code Project are as follows:
Colorado Department of Local Affairs $195,000
Pueblo ARPA Funds, Resolution No. 15100 $225,000
Total $420,000
This Project will require staff time for grant management and consultant oversight.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their August 24, 2022 work session,
approved the submittal of a letter of support to DOLA for the Pueblo Land Use Code
Project.
STAKEHOLDER PROCESS:
It is anticipated that a vibrant public engagement process will be engaged in the
updating of the City codes which will include listening sessions to understand the
community’s goals and values, in-person open house events, focus group meetings,
meetings with City commissions and boards, a Project website with questionnaires,
relevant documents, videos explaining the Project. Video conferencing and other
telecommunications will also be utilized throughout the Project to aid in communication
and collaboration.
ALTERNATIVES:
If the funding and Grant Agreement are not approved, the Project will not be completed.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. DOLA Grant Agreement