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HomeMy WebLinkAbout10643ORDINANCE NO.10643 AN ORDINANCE AMENDING SECTION 5 OF CHAPTER 4, OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ESTABLISHING APPEAL PROCEEDURES RELATED TO THE HB, HARP-1, HARP-2, AND HARP-3 PERFORMANCE STANDARD REVIEW BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 17-4-5, (5), a., of Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the addition of subsections 17-4-5, (5), a., 2., (a) and (b) to read as follows: Sec. 17-4-5, (5), a., 2., Appeals. (a) Any person adversely affected by a decision of the Historic Preservation Commission may appeal such decision to the City Council by filing with the City Clerk, within twenty (20) days after Commission’s decision, a written request for review. Such appeal must specify in detail the provisions of the Commission’s decision the person contends are arbitrary or capricious or is beyond the jurisdiction of the Commission, and the supporting grounds and reasons together with a copy of the Commission's decision. The City Council shall conduct a hearing to review the provisions asserted to be arbitrary or capricious or beyond the jurisdiction of the Commission, and the supporting grounds and reasons specified in the request for review. The person seeking review and the Commission shall be given written notice of the date, time and place of the review hearing at least ten (10) days before the hearing date. Notice to the person seeking review shall be given by first-class mail, postage prepaid, at the person's address stated in the appeal. No other notice need be given for such a hearing. The City Council may sustain the decision of the Commission if it finds that the Commission exceeded its jurisdiction or acted in an arbitrary or capricious manner. If City Council finds the Commission exceeded its jurisdiction or acted in an arbitrary or capricious manner, the City Council will remand the appeal to the Commission for a redetermination within thirty (30) days. Such determination shall be limited to and consistent with the City Council's written findings. The appeal hearing shall be conducted as near as practicable according to the procedures set forth in Chapter 7 of Title I of this Code. The Commission’s decision will be stayed until the City Council rules on the appeal. (b) Any person adversely affected after the Commission makes a final determination, after a review and decision by City Council, may seek judicial review by the District Court, Pueblo County, Colorado, in the manner provided in Rule 106(a)(4), of the Colorado Rules of Civil Procedure. A complaint seeking such review shall be filed in Pueblo District Court no later than thirty (30) days after the Commission’s final decision. SECTION 2. Section 17-4-5, (5), b., of Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the addition of subsections 17-4-5, (5), b., 4., (a) and (b) to read as follows: Sec. 17-4-5, (5), b., 4., Appeals. (a) Any person adversely affected by a decision of the Planning and Zoning Commission may appeal such decision to the City Council by filing with the City Clerk, within twenty (20) days after Commission’s decision, a written request for review. Such appeal must specify in detail the provisions of the Commission’s decision the person contends are arbitrary or capricious or is beyond the jurisdiction of the Commission, and the supporting grounds and reasons together with a copy of the Commission's decision. The City Council shall conduct a hearing to review the provisions asserted to be arbitrary or capricious or beyond the jurisdiction of the Commission, and the supporting grounds and reasons specified in the request for review. The person seeking review and the Commission shall be given written notice of the date, time and place of the review hearing at least ten (10) days before the hearing date. Notice to the person seeking review shall be given by first-class mail, postage prepaid, at the person's address stated in the appeal. No other notice need be given for such a hearing. The City Council may sustain the decision of the Commission if it finds that the Commission exceeded its jurisdiction or acted in an arbitrary or capricious manner. If City Council finds the Commission exceeded its jurisdiction or acted in an arbitrary or capricious manner, the City Council will remand the appeal to the Commission for a redetermination within thirty (30) days. Such determination shall be limited to and consistent with the City Council's written findings. The appeal hearing shall be conducted as near as practicable according to the procedures set forth in Chapter 7 of Title I of this Code. The Commission’s decision will be stayed until the City Council rules on the appeal. (b) Any person adversely affected after the Commission makes a final determination, after a review and decision by City Council, may seek judicial review by the District Court, Pueblo County, Colorado, in the manner provided in Rule 106(a)(4), of the Colorado Rules of Civil Procedure. A complaint seeking such review shall be filed in Pueblo District Court no later than thirty (30) days after the Commission’s final decision. SECTION 3. Section 17-4-5, (5), c., of Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the addition of subsections 17-4-5, (5), c., 3., (a) and (b) to read as follows: Sec. 17-4-5, (5), c., 3., Appeals. (a) Any person adversely affected by a decision of the Planning and Zoning Commission may appeal such decision to the City Council by filing with the City Clerk, within twenty (20) days after Commission’s decision, a written request for review. Such appeal must specify in detail the provisions of the Commission’s decision the person contends are arbitrary or capricious or is beyond the jurisdiction of the Commission, and the supporting grounds and reasons together with a copy of the Commission's decision. The City Council shall conduct a hearing to review the provisions asserted to be arbitrary or capricious or beyond the jurisdiction of the Commission, and the supporting grounds and reasons specified in the request for review. The person seeking review and the Commission shall be given written notice of the date, time and place of the review hearing at least ten (10) days before the hearing date. Notice to the person seeking review shall be given by first-class mail, postage prepaid, at the person's address stated in the appeal. No other notice need be given for such a hearing. The City Council may sustain the decision of the Commission if it finds that the Commission exceeded its jurisdiction or acted in an arbitrary or capricious manner. If City Council finds the Commission exceeded its jurisdiction or acted in an arbitrary or capricious manner, the City Council will remand the appeal to the Commission for a redetermination within thirty (30) days. Such determination shall be limited to and consistent with the City Council's written findings. The appeal hearing shall be conducted as near as practicable according to the procedures set forth in Chapter 7 of Title I of this Code. The Commission’s decision will be stayed until the City Council rules on the appeal. (b) Any person adversely affected after the Commission makes a final determination, after a review and decision by City Council, may seek judicial review by the District Court, Pueblo County, Colorado, in the manner provided in Rule 106(a)(4), of the Colorado Rules of Civil Procedure. A complaint seeking such review shall be filed in Pueblo District Court no later than thirty (30) days after the Commission’s final decision. SECTION 4. Section 17-4-5, (5), d., of Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the addition of subsections 17-4-5, (5), d., 3., (a) and (b) to read as follows: Sec. 17-4-5, (5), d., 3., Appeals. (a) Any person adversely affected by a decision of the Planning and Zoning Commission may appeal such decision to the City Council by filing with the City Clerk, within twenty (20) days after Commission’s decision, a written request for review. Such appeal must specify in detail the provisions of the Commission’s decision the person contends are arbitrary or capricious or is beyond the jurisdiction of the Commission, and the supporting grounds and reasons together with a copy of the Commission's decision. The City Council shall conduct a hearing to review the provisions asserted to be arbitrary or capricious or beyond the jurisdiction of the Commission, and the supporting grounds and reasons specified in the request for review. The person seeking review and the Commission shall be given written notice of the date, time and place of the review hearing at least ten (10) days before the hearing date. Notice to the person seeking review shall be given by first-class mail, postage prepaid, at the person's address stated in the appeal. No other notice need be given for such a hearing. The City Council may sustain the decision of the Commission if it finds that the Commission exceeded its jurisdiction or acted in an arbitrary or capricious manner. If City Council finds the Commission exceeded its jurisdiction or acted in an arbitrary or capricious manner, the City Council will remand the appeal to the Commission for a redetermination within thirty (30) days. Such determination shall be limited to and consistent with the City Council's written findings. The appeal hearing shall be conducted as near as practicable according to the procedures set forth in Chapter 7 of Title I of this Code. The Commission’s decision will be stayed until the City Council rules on the appeal. (b) Any person adversely affected after the Commission makes a final determination, after a review and decision by City Council, may seek judicial review by the District Court, Pueblo County, Colorado, in the manner provided in Rule 106(a)(4), of the Colorado Rules of Civil Procedure. A complaint seeking such review shall be filed in Pueblo District Court no later than thirty (30) days after the Commission’s final decision. 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 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 January 8, 2024. Final adoption of Ordinance by City Council on January 22, 2024. APPROVED: PRESIDENT OF CITY COUNCIL Action by the Mayor: ☒ Approved on January 30, 2024 . ☐ 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 # R4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 22, 2024 TO: President Mark Aliff 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 AMENDING SECTION 5 OF CHAPTER 4, OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE APPEAL PROCESS FOR DEVELOPMENT AND REDEVELOPMENT REVIEW IN THE HB, HARP-1, HARP -2 AND HARP-3 PERFORMANCE STANDARD REVIEW SUMMARY: Attached for consideration is a Text Amendment that will amend section 5 of chapter 4 of Title XVII of the Pueblo Municipal Code relating to the appeal process for development and redevelopment review in the HB, HARP-1, HARP-2 AND HARP-3 Zone Districts. PREVIOUS COUNCIL ACTION: None. BACKGROUND: In 2009, City Council approved Ordinance 8079, with recommendation from the Planning and Zoning Commission to dissolve the Pueblo Architectural Review Board (PARB). Prior to dissolution, PARB was responsible for reviewing and issuing Certificates of Compliance for new construction, remodeling, reconstructing, and rehabilitation of structures within the Historic Business (HB) and Historic Arkansas Riverwalk Zone Districts 1, 2 & 3. At the time, Planning and Community Development Staff asserted that PARB review duplicated reviews conducted by the Historic Preservation Commission, which was unnecessary. No substantial justification for the Planning and Zoning Commission conducting development reviews within the HARP Zone Districts was provided in the staff report presented to the Planning and Zoning Commission. Ordinance 8079 dissolved PARB and inadvertently removed appeal procedures for applicants that received a denial from either HB or P&Z on their development or redevelopment proposal. Because of this, Planning and Community Development Department staff recommend modifying the existing Zoning Code to re- establish appeal procedures for development and redevelopment review with the HB, HARP-1, HARP-2 AND HARP-3 Zone Districts. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their December 13, 2023, Regular Meeting, voted 7-0, 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, there will be no appeal procedures for the development review in the HB, HARP-1, HARP-2 and HARP-3 Zone Districts. 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: 1. TA-23-04 Attachments 2. ORDINANCE