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HomeMy WebLinkAbout07146ORDINANCE NO. 7146 AN ORDINANCE AMENDING CHAPTER 6 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO AMENDMENTS TO THE ZONING ORDINANCES, CHANGES TO THE ZONING MAP, AND ADOPTION AND MODIFICATION OF THE MASTER DEVELOPMENT PLAN FOR THE CITY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 Sections 1 through 6 of Chapter 6 of Title XVII of the Pueblo Municipal Code are hereby amended to read as follows and the following new section 17 -6 -6.1 is hereby adopted: Sec. 17 -6 -1. Application. Any person and any public or private agency desiring [a change in the zoning ordinance] an amendment to any provision of this Title ( "text amendment ") or a change in the zoning map ( "rezoning') shall submit to the Planning and Zoning Commission a written application containing the following: (1) The applicant's name and address and the name and address of any person, firm or corporation represented by such applicant in the application. (2) The interest of the applicant and the interest of the person, firm or corporation represented by the applicant, be it legal, sales development, operation or other interest. (3) The nature of the amendment[ and a legal description of the property which would be affected by the amendment]. (4) A statement of the facts which the applicant believes justify the amendment; provided; however, that when any [amendment changing the zoning map] rezoning is requested, the following additional information shall be furnished: a. A legal description of the property which would be affected by such change. Via]. A general description of the proposed development to the distance which will be affected; such description including subjects of environmental effect, economic effect and traffic effect, if any; and such description carried out in scope and detail to the extent needed to support the requested amendment and as may be required by the Planning and Zoning Commission. c[b]. A tentative site plan showing proposed structures, uses, open spaces, facilities for parking and loading and arrangements for pedestrian and vehicular circulation. d[c]. A statement of the proposed time schedule for beginning and completion of development. e [d]. A statement reasonably indicating the applicant's economic responsibility and capability of accomplishing the development for which a zoning amendment is requested. The names and current addresses of owners of real property lying within three hundred (300) feet of the property on which the change in zone is proposed as shown on the records of the County Assessor. Sec. 17 -6 -2. Hearing; notice. The Planning and Zoning Commission shall hear applications for text amendments and rezoning and shall [set a time for] give notice of a public hearing[.] thereon as follows: (a) The Commission shall cause written notice of public hearing on [the] any proposed [changes] rezoning to be sent to owners of real property lying within three hundred (300) feet of the property on which the change in zone is proposed, such notice to be given not less than fifteen (15) days before the date set for the hearing. Such notice may be [served] [yen by [depositing the same, properly] first class mail, postage prepaid, addressed [and postage paid, in the post office] to the record owners of such real property at their addresses shown on the records of the County Assessor Notice shall be posted in a conspicuous place on or near the property upon which action is pending. Such post notice shall be not less than eighteen (18) inches by twenty -four (24) inches with black letters not less than one (1) inch in height on white background and shall be clearly visible from the street. Such notice shall be so posted at least fifteen (15) days before the date of the hearing. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to the hearing. The Commission shall cause written notice of public hearing on any proposed text amendment to be given once by publication in a newspaper as required by the City Charter at least fifteen (15) days before the date set for the hearing. (c) The Commission may continue any hearing for not more than sixty 60 days (d) Proof of compliance with the notice requirements of this section shall be by the written statement of the Administrative Official giving the names and addresses of the persons to whom the notice was mailed and date of mailing, a statement that the required sign was posted upon the property and the date of posting, and /or the publisher's affidavit of publica -tion, whichever is applicable. Such proof of compliance shall become a part of the record of the Planning and Zoning Commission and forwarded to City Council with the Planning and Zoning Commission's recommendations. Sec. 17 -6 -3. Initiated by Commission. The Planning and Zoning Commission may initiate proposed text amendments and rezonings [to the zoning ordinance] without application required by section 17 -6 -1 by giving notice in accordance with Section 17- 6 -21,] or, with respect to proposed rezonings, by giving notice by publication in a newspaper as required by the City Charter at least fifteen (15) days before the date set for the hearing. Such publication shall appear three (3) times, on separate days, and shall state the description of the property and the time and place of the hearing. Sec. 17 -6 -4. Recommendations to Council. The Planning and Zoning Commission shall submit to the City Council its recommendations on proposed text amendments and rezonings within [thirty (30)] sixty days after the hearing is concluded. Such recommendation may be to approve, approve with conditions or disapprove the [application] proposed text amendment or rezoning Sec. 17 -6 -5. Costs, deposits, reapplying and annexations. (a) Before any action is taken on a rezoning the applicant requesting a rezoning [change in the district regulations or district boundaries] shall deposit with the Finance Department an application fee as set by resolution of the City Council to cover the approximate costs of this procedure. (b) If the proposed rezoning [zoning amendment or change] is denied by the City Council, no new request shall be made for the same or a substantially similar [amendment or change] rezoning within eighteen (18) months of such denial. (c) Before any action is taken, the applicant seeking an annexation shall deposit with the Finance Department an application fee as set by resolution of the City Council to cover the approximate costs of this procedure. (d) No application fee shall be refunded. Sec. 17 -6 -6. Council consideration. (a) From time to time, the City Council may by ordinance amend any provision of this Title (text amendment). Any such proposed text amendment shall be first presented to the Planning and Zoning Commission for its review and recommendation after public hearing thereon. Notice of such hearing before the Planning and Zoning Commission shall be published once as provided in section 17- 6 -2(b). The City Council shall consider [the] an application for [amendment of the zoning map] rezoning which application shall have followed the applicable procedures set forth in Sections 17 -6 -2 through 17 -6 -5 inclusive. (c) Prior to first presentation of a rezoning ordinance before the City Council, the applicant may withdraw the application and cause the ordinance to be removed from City Council's agenda by written request filed with the City Clerk. Thereafter, City Council may remove a rezoning ordinance from its agenda or continue a public hearing thereon upon good cause shown by the person requesting such removal or continuance at the scheduled public hearing on the ordinance. Except in an emergency, no such request may be presented to the City Council unless it has been first filed in writing specifying the grounds therefor with the City Clerk at least five (5) days prior to the date of the scheduled public hearing. A rezoning ordinance withdrawn or removed from City Council's agenda pursuant to this subsection shall not thereafter be submitted to the City Council except through a new rezoning application processed in compliance with sections 17 -6 -1 through 17 -6 -5. Sec. 17- 6 -6.1. Master Plan (a) Pursuant to Section 12 -5 of the City Charter, the Planning and Zoning Commission is authorized to prepare and submit to the City Council for its approval a master plan for the physical development of the City ( "master plan ") and to recommend such modifications of the master plan, from time to time, as it deems in the City's interest. The Planning and Zoning Commission shall hold a public hearing on a proposed master plan and any modifications thereto before submitting its recommendations thereon to the City Council. Notice of such hearing shall be given once by publication in a newspaper as required by the City Charter at least fifteen (15) days before the date of the hearing. (c) A master plan and any modifications thereto shall be approved and adopted by the City Council by ordinance before same become effective and thereafter shall apply to all land located within the jurisdictional boundaries of the City. The master plan and modifications adopted by ordinance by the City Council are advisory only. The provisions of section 17 -6 -1 through 7 -6 -6 relating to text amendments and rezoning are not applicable to the adoption or modification of a master plan. SECTION 2 This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED May 10, 2004 BY Michael Occhiato Councilperson