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HomeMy WebLinkAbout07560ORDINANCE NO. 7560 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII, AND CHAPTERS 2 AND 4 OF TITLE XVII, OF THE PUEBLO MUNICIPAL CODE, RELATING TO UTILITIES, DEFINING AND REGULATING OVERHEAD ELECTRICAL FEEDER LINES, AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1 Paragraph (c)(6)a of Section 7, of Chapter 4 of Title XII of the Pueblo Municipal Code, as amended, is amended to read as follows: a. All utilities, except electric lines in excess of thirty thousand (30,000) volts shall be placed underground unless a waiver from the requirement is granted by the Planning and Zoning Commission [.] at the time of subdivision, or unless a special use permit is issued by the Planning and Zoning Commission as provided in Section 17- 4- 30(a)(1). Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground utilities may, with the approval of the Planning and Zoning Commission, be placed above ground. SECTION 2 Section 1, of Chapter 2 of Title XVII of the Pueblo Municipal Code, as amended, is hereby amended by the addition of a new subsection (36.01) to read as follows: (36.01) Overhead Electrical Feeder Line means a three (3) phase electrical distribution line with a conductor ampacity of 250 amperes or more that serves as the distribution system backbone and is the main supply of electrical energy to smaller sub - circuits at a voltage fewer than thirty thousand (30,000) volts. SECTION 3 Paragraph (a)(1) of Section 17 -4 -30 of Chapter 4 of Title XVII of the Pueblo Municipal Code. as amended. is amended to read as follows: (1) Subject to compliance with all requirements of any applicable franchise and as otherwise provided herein, utility distribution, transmission and service lines, and routes requiring simple easements or installation in public rights -of -way or installed under franchise agreement with the City and /or County and usual customer [facilities] service lines shall not be subject to zoning requirements. Overhead electrical feeder lines shall not be constructed unless a special use permit has been approved by the Planning and Zoning Commission. Approval or denial of a special use permit by the Planning and Zoning Commission shall be made after notice and a public hearing has been held in the manner required for a zoning map amendment. In determining whether to approve or deny a special use permit to place an overhead electrical feeder line above ground the Planning and Zoning Commission shall consider the following criteria: (a) The general policy of the City that all new and relocated utility lines be placed underground wherever possible; (b) Whether the overhead electrical feeder line is compatible with the surrounding area; (c) Whether the overhead electrical feeder line is in harmony with the character of the surrounding area; (d) The effect of the overhead electrical feeder line upon the immediate area; (e) The effect of the overhead electrical feeder line upon the future development of the area; (f) Whether the land surrounding the overhead electrical feeder line route can be reasonably planned in coordination with the public utility; (g) Whether adequate open space and visual corridors will be preserved; (h) Whether there are reasonably available and economically feasible alternatives for the public utility or property owner. SECTION 4 The provisions of this Ordinance shall be administered and enforced in accordance with Chapters 5 and 7 of Title XVII of the Pueblo Municipal Code. Any violation of any provisions of this Ordinance shall constitute a municipal offense punishable as provided in Section 17- 7 -3(c) of the Pueblo Municipal Code, as amended. SECTION 5 This Ordinance shall become effective upon final passage and approval. BY Randy Thurston Councilperson APPROVED: a President of Cit Council ATTESTED BY: CITY CLERK INTRODUCED December 26, 2006 PASSED AND APPROVED: January 8, 2007 ORD "75100 u � r Background Paper for Proposed ORDINANCE AGENDA ITEM # I °k DATE: DECEMBER 26, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATORMERRY M. PACHECO TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII, AND CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO UTILITIES, DEFINING AND REGULATING OVERHEAD ELECTRICAL FEEDER LINES, AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should the City Council amend Chapter 4 of Title XII, and Chapters 2 and 4 of Title XVII, relating to utilities, defining and regulating overhead electrical feeder lines, and providing penalties for violation thereof? The Planning and Zoning Commission, at their December 13, 2006 Regular Meeting, voted 6 -0 to recommend approval. The nature of the proposed text amendment is to provide a definition for an overhead electrical feeder line and establish regulation for their placement within City limits. Presently, electrical feeder lines are not subject to any zoning requirements when installed in public rights -of -way or in simple easements. FINANCIAL IMPACT None