HomeMy WebLinkAbout07357ORDINANCE NO. 7357
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII AND CHAPTER 2 OF TITLE XVII OF THE
PUEBLO MUNICIPAL CODE RELATING TO THE PUEBLO ROADWAY DEVELOPMENT PLAN AND
MODIFYING DEFINITIONS WITH RESPECT THERETO
WHEREAS, various terms are used in the Pueblo Municipal Code to define major streets,
right -of -way requirements, and transportation plans and
WHEREAS, the Pueblo Code of Ordinances should be amended to reflect the right -of -way
requirements according to the Pueblo Area Council of Governments (PACOG) Corridor Preservation
Plan, and
WHEREAS, the City must adopt a roadway design and construction plan to be identified as
the "Pueblo Roadway Development Plan (PRDP)," and
WHEREAS, the Pueblo Code of Ordinances should be amended so that all references to
major street and transportation development plans should be to the Pueblo Roadway Development
Plan; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material
deleted, underscoring indicates material added.)
SECTION 1
The following sections of Chapter 4 of Title XII of the Pueblo Municipal Code are amended to
read as follows:
(a) Sec. 12 -4- 2(11). Assuring that street [rights -of -way] location and functional
classification are in harmony with the City's official transportation plan known as the Pueblo
[Area Transportation System] Roadway Development Plan.
(b) Sec. 12- 4 -3(7). Pueblo [Area Transportation System] Roadway Development
Plan P( RDP) means a master plan for the location of streets, street corridors, [rights -of -way] or
other transportation facilities as shown in the Pueblo [Area Transportation System] Roadway
Development Plan adopted by the Planning Commission and by the City Council. The Pueblo
[Area Transportation System] Roadway Development Plan shall specify the functional
classification of existing and planned streets which shall be constructed in conformance with
the Roadway Classification Design Standards and Policies as approved by the City Council.
The Pueblo [Area Transportation System] Roadway Development Plan shall be applicable to
all areas within the City and within three (3) miles adjacent to the City as identified in the
Pueblo Area Master Annexation Plan adopted by the City Council.
(c) Sec. 12- 4- 4(b)(4). All persons including, without limitation, boards, public
officers, utilities, telecommunication companies and authorities shall be prohibited from
accepting, laying out, improving or authorizing utilities or telecommunication systems or
equipment to be laid in any street within the territory for which the Planning Commission and
the City Council have adopted the Pueblo [Area Transportation System] Roadway
Development Plan unless such street shall be designated and approved by the Pueblo [Area
Transportation System] Roadway Development Plan; or shall have received a legal status of a
public street prior to the adoption of the Pueblo [Area Transportation System] Roadway
Development Plan; or unless such street is shown on a subdivision plat or a street plat which
has been approved by and adopted by the City Council.
(d) Sec. 12- 4- 4(b)(5). It shall be unlawful for any person to apply for a building
permit or erect a building or other improvement upon any land within the territory or jurisdiction
of the adopted Pueblo [Area Transportation System] Roadway Development Plan unless the
requirements of this Chapter have been fulfilled and complied with.
(e) Sec. 12- 4- 5(b)(7). The Subdivision Review Committee shall review the
proposed subdivision to check its compliance with the provisions of this Chapter, with adopted
subdivision regulations, with relationship to the comprehensive plan, with the Pueblo [Area
Transportation System] Roadway Development Plan and with pertinent ordinances of the City.
(f) Sec. 12- 4 -7(a). Acreage Subdivision. Where the parcel of land is subdivided
into larger tracts than ordinarily used for building lots, such parcel shall be divided so as to
allow for the opening of major streets and the ultimate extension of adjacent minor streets. The
location of all streets in a proposed subdivision shall conform in general alignment to the
Pueblo [Area Transportation System] Roadway Development Plan.
(g) Sec. 12- 4- 7(c)(1). Dedication of Right -of- Way - -New Streets. The dedication of
right -of -way, measured from lot line for new streets, shall be as shown on the [major street]
Pueblo Area Council of Governments (PACOG) Corridor Preservation plan, or if not shown
thereon, shall meet the standards set forth in the Roadway Classification Design Standards
and Policies as approved by the City Council. Roadway classifications shall be designated and
approved by the Director of Public Works or the Director's designee.
(h) 12- 4- 7(c)(2). Dedication of Right -of -Way -- Existing Streets. Subdivisions platted
along existing streets shall dedicate additional right -of -way if necessary to meet the minimum
width requirements as specified [in this Chapter] by the Pueblo Area Council of Governments
(PACOG) Corridor Preservation Plan, or if not shown thereon, shall meet the standards set
forth in the Roadway Classification Design Standards and Policies as approved by City
Council
a. The entire minimum right -of -way shall be dedicated except where the subdivision is
located on only one (1) side of an existing street.
b. Where the subdivision is located on only one (1) side of an existing street, at least
that amount of right -of -way necessary to construct a street of the minimum width
required in Subsection (c)(1) of this Section shall be dedicated and the entire right -of-
way shall be improved by the subdivider according to the specifications set forth in
Subsection Q) herein.
(i) Sec. 12- 4 -7(c) is amended by the addition of the following paragraph (2.5)
(2.5) Conflict. In the event of a conflict between the Pueblo Area Council of
Governments (PACOG) Roadway Corridor Preservation Plan and the Roadway Classification
Design Standards and Policies, the Roadway Classification Design Standards and Policies
shall control to the extent of such conflict.
SECTION 2
The following section of Chapter 2 of Title XVII of the Pueblo Municipal Code is amended to
read as follows:
Sec. 17 -2- 1(16.1). Expressway, as found in the B -3 Zone District, means those streets
designated as "expressway" on the adopted Pueblo [Area Transportation System] Roadway
Development Plan.
SECTION 3
This Ordinance shall become effective upon final passage and approval.
INTRODUCED June 27, 2005
BY Michael Occhiato
Councilperson
APPROVED:
ATTESTED BY:
CITY CLERK
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PASSED AND APPROVED August 22, 2005
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Background Paper for Proposed
Ordinance
AGENDA ITEM # ,
DATE: June 27, 2005
DEPARTMENT: COMMUNITY DEVELOPMENT/JIM MUNCH
URBAN TRANSPORTATION PLANNING DIVISION /BILL MOORE
TITLE
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII AND CHAPTER 2 OF TITLE
XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PUEBLO ROADWAY
DEVELOPMENT PLAN AND MODIFYING DEFINITIONS WITH RESPECT THERETO
ISSUE
Shall the City adopt its own plan for the development and functional classifications of
roadways? Currently the PACOG Roadway Corridor Preservation Plan is utilized. The
proposed Pueblo Roadway Development Plan (PRDP) map may have a shorter
planning horizon and can be legally implemented by development requirements for
actual design and construction of roadways. With these definitions and a system map
(PRDP), the City can develop, adopt, amend and maintain its plan and its development
requirements without being bound by provisions, classifications, or definitions in the
Long Range Transportation Plan and the once-a -year amendment schedule adopted by
CDOT. This ordinance clarifies the language within the Pueblo Municipal Code to
differentiate the differences between these to plans.
RECOMMENDATION
The City of Pueblo Planning and Zoning Commission recommended approval of these
text amendments to allow the adoption of the Pueblo Roadway Development Plan.
BACKGROUND
Federal law requires PACOG to create a Long -range Regional Transportation Plan
(LRTP) and update it every three years. State policies only allow amendments to the
LRTP to be submitted once each year. The LRTP, which contains the Roadway
Corridor and Rights -of -Way Preservation Plan (RCPP), is a long term (25+ years)
planning document that applies principally to projects on the State Highway system or
other projects that are eligible for Federal funds. Although off - system facilities are
shown for completeness, their appearance confers no standards of construction or local
legal status upon them other than funding eligibility if off - highway- system federal or
state programs exist (none currently do). However, the RCPP does reflect the future
requirements for the development of regional transportation corridors and the
recommended rights -of -way needed for their ultimate construction.
State law regarding home -rule cities, the city charter, and several sections of the City's
ordinances require the adoption and maintenance of some form of major street plan
which is implemented through the Comprehensive Plan and subdivision and zoning
ordinances and regulations. In the past, the Roadway Corridor Preservation Plan
(RCPP) map has been adopted by reference as the City's roadway plan. This caused
some confusion in implementation since the City was legally tied to a plan adopted by
PACOG for long -range network -level planning only.
FINANCIAL IMPACT
There is no financial impact to the City of Pueblo anticipated with this adoption. This
however may relieve financial burdens to the development community by requiring only
the construction of roadways that are needed at this time and not what is required to
comply with the LRTP.