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