Loading...
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 FIRM F00 ...N ./ i M:•. PASSED AND APPROVED August 22, 2005 -ll -os Pvbl� <NQ�•r) S 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.