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HomeMy WebLinkAbout05514ORDINANCE NO. 5514 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE BOARD OF COUNTY COMMISSIONERS OF TIIE COUNTY OF PUEBLO ESTABLISHING THE PUEBLO URBAN SERVICE AREA AND RESCINDING ORDINANCE NO. 5457 that: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, SECTION 1. The Agreement dated November 14, 1988, between the City of Pueblo, a Municipal Corporation, and the Board of County Commissioners of the County of Pueblo establishing the Pueblo Urban Service Area under the authority of C.R.S. § 29 -1 -203, a copy of which is attached hereto and incorporated herein as if set out in full having been approved by the City Attorney, is hereby approved. The City Planning and Zoning Commission is being designated as the appropriate advisory board to review activities under the agreement. The Commission is authorized to delegate to the Director of Planning and Development, pursuant to resolution adopted by the Commission, the determination of which activities are to be reviewed by the Commission. SECTION 2. The President of the City Council is hereby directed and authorized to execute said Agreement for and on behalf of the City, and the City Clerk is directed to attest same and affix the seal of the City thereto. Ordinance No. 5457 is hereby rescinded. INTRODUCED November 14, 1988 By MIKE SALARDINO Councilman APPROVED Pr sident of the Council ATTEST: City Clerk AGREEMENT ESTABLISHING THE PUEBLO URBAN SERVICE AREA This Agreement made and entered into this 141 day of NnvPmhPr 1988, by and between the City of Pueblo, a Municipal Corporation, herein called "City" and the Board of County Commissioners of the County of Pueblo, herein called "County ". WITNESSETH WHEREAS, City and County are authorized to provide for the physical development and zoning of property located within their respective jurisdictions; and WHEREAS, the physical development and zoning of land and property located in one jurisdiction may adversely affect land and property in another jurisdiction; and WHEREAS, City and County have for many years beneficially served their respective citizens by cooperating to establish and perform joint facilities, functions, and services; and WHEREAS, it would best serve the citizens of both City and County and promote the public health, safety, and welfare if City and County were permitted to review and make recommendations concerning proposed new or amended plans for physical development or zoning of property within the other's jurisdiction. NOW, THEREFORE, in consideration of the foregoing and mutual covenants herein set forth and to further implement the provisions of 430 -28 -110, C.R.S., City and County agree as follows: 1. There is hereby established under the authority of $29 -1 -203, C.R.S., an activity referral service area between City and County to be known as Pueblo Urban Service Area. 2. The Pueblo Urban Service Area shall include all property within one thousand (1,000) feet on each side of the City's corporate limits as same now exist or as may be modified through annexation and all property designated as being included in the Pueblo Urban Service Area on the Official Map thereof, copies of which are on file in the offices of the Pueblo County Department of Planning and Development and the City of Pueblo Department of Planning and Development. Such Official Map is hereby approved, adopted, and incorporated herein as if set out in full. The Official Map may be revised by joint action of the City and the County. City and County shall give at least 15 days notice to the other entity's director of planning who will inform the appropriate advisory or legislative body, or said body's designee, of any proposed new or amended plan for physical development or zoning of property under its jurisdiction within the Pueblo Urban Service Area that involves any of the following activities or projects (hereinafter referred to as "Activities "): (a) Dedication or vacation of any public easement or right -of -way; (b) Master plans and amendments thereto; (c) Zoning plans, districts and maps and amendments and variances thereto; (d) Subdivisions, subdivision variances, sketch plans of -regional significance, subdivision exemptions, planned unit developments and special large area plans, including variances and amendments thereto; (e) Special use permits of regional significance; (f) Adoption of new or substantial amendments to zoning, subdivision, housing, building or sign codes; (g) Urban renewal projects; (h) Annexations; (i) Permits for development in areas of State interest or conduct of activities of State interest under C.R.S. §24- 65.1 -501 et seq.; (j) Public activity, building, or facility, whether publicly or privately owned or leased, having a capital cost of $200,000 excluding land acquisition costs; or (k) Extraterritorial sewerage service agreements. 4. The notice required by paragraph 3 hereof shall include the location and nature of the proposed Activity and the time and place of any public hearing relating thereto. The advisory or legislative body, or said body's designee, receiving such notice shall review the proposed Activity and make recommendations thereon to the appropriate body of the other entity. failure of the body, or designee, receiving such notice to make recommendations within 15 days after such notice is sent shall constitute a waiver of the right to make such recommendations thereon pursuant to this agreement; however, it shall not constitute a waiver of any right to notice or standing otherwise provided by law. If timely made, such recommendations shall be considered by the appropriate body before final action is taken on the proposed Activity. The appropriate body may act upon any proposed Activity after receipt of the other entity's recommendations or 15 days after notice is sent, whichever occurs first, unless both entities mutually agree to extend the time period. 5. City and County hereby grant to the other entity standing during any public hearing before their respective planning commissions, boards of appeal, the Board of County Commissioners or City Council, to be heard on any proposed Activity within the Pueblo Urban Service Area. Standing shall include the right to present evidence and testimony. 6. This Agreement shall become effective on November 14 , 1988, may be amended by mutual agreement and may be terminated by either party on 180 days prior written notice. 7. This Agreement shall supersede the agreement dated December 12, 1978. THE BOARD OF COUNTY COMMISSIONERS OF THE OUNTY OF PUEBLO, COLORADO By irman of the Board ATTEST: J"' 7, County uyerk APPROVED AS TO FORM: City Clerk APPROVED AS TO FORM: City Attor e