HomeMy WebLinkAbout07632ORDINANCE NO. 7632
AN ORDINANCE AMENDING CHAPTER 6 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE
RELATING TO ZONING BY ADOPTING A NEW SECTION 8 TO ESTABLISH PROCEDURES TO
PROCESS ANNEXATION PETITIONS AND ZONING APPLICATIONS CONCURRENTLY
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
(brackets indicate matter being deleted, underscoring indicating matter being added)
SECTION 1 _
The City Council finds and declares that the policies and procedures described and set
forth in Section 2 of this Ordinance are necessary and desirable for the orderly development and
growth of the City. The City Council further finds and declares that the purpose of Section 2 of this
Ordinance is:
(a) To encourage natural and well ordered development of the City;
(b) To fairly and equitably distribute the costs of municipal services among those
persons who will benefit from these services; and
(c) To extend City services and facilities to eligible areas will become a part of the
whole community.
SECTION 2.
Chapter 6 of Title XVII of the Pueblo Municipal Code is amended by the addition of the
following new Section 8 to read as follows:
Sec. 17 -6 -8. Concurrent zoning and annexation.
(a) The purpose of this Section is to provide a procedure to concurrently
process annexation petitions and zoning applications.
A petition for annexation or a petition for an annexation election shall be filed
with the Citv Clerk. The Citv Clerk shall refer the petition to the Citv Council as a
communication.
(c) Upon receipt of the petition, the City Council, shall by resolution either (1)
determine the petition is not valid in accordance with the applicable provisions of Section
31 -12 -107, C.R.S., and no further action shall be taken, or (2) preliminarily determine the
petition is valid and table final action on the petition for a period not more than one hundred
eighty (180) days, and refer the petition to the Planning and Zoning Commission for review
and recommendation.
If the Planning and Zoning Commission deems it necessary or desirable for
the orderly development and growth of the City and to promote the health, safety and
general welfare of the City and its inhabitants, the Planning and Zoning Commission may
require as part of its petition review that a zoning application for the area proposed to be
annexed be filed with the Planning and Zoning Commission. After completing the review of
the annexation petition and, if required, the zoning application, the Planning and Zoning
Commission shall forward its recommendation to the City Council. The Planning and
Zoning Commission shall complete its review and make its recommendation within the
period stated in City Council's resolution referring the petition to the Planning and Zoning
Commission or such later date as the City Council may establish by resolution.
(e) Upon receipt of the recommendation of the Planning and Zoning
Commission, the City Council, without undue delay, shall make a final determination
by resolution whether the petition substantially complies with the applicable
requirements of Section 31 -12- 107(1), C.R.S. and establish the date, time and place
the City Council will hold a public hearing to determine if the proposed annexation
complies with sections 31 -12 -104 and 31 -12 -105, C.R.S. or such parts thereof as
may be required to establish eligibility for annexation. The hearing shall be held not
less than thirty (30) days nor more than sixty (60) days after the effective date of the
resolution setting the hearing.
Any ordinance zoning the area proposed to be annexed shall not be passed
on final readina before the ordinance annexina the area is passed on final readina.
SECTION 2
This Ordinance shall become effective upon final passage and approval.
INTRODUCED July 23, 2007
APPROVED: a
ESID NT%J City Council
ATTESTED BY:
CITY CLERK
BY Randy Thurston
Councilperson
PASSED AND APPROVED: August 13, 2007
Qrd. 1tn3�L
P =L - --
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 3
DATE: JULY 23 2007
DEPARTMENT: COMMUNITY DEVELOPMENT /JERRY M. PACHECO
TITLE
AN ORDINANCE AMENDING CHAPTER 6 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE
RELATING TO ZONING BY ADOPTING A NEW SECTION 8 TO ESTABLISH PROCEDURES TO
PROCESS ANNEXATION PETITIONS AND ZONING APPLICATIONS CONCURRENTLY
ISSUE
Should the City Council amend Chapter 6 of Title XVII to establish procedures to process
annexation petitions and zoning applications concurrently?
RECOMMENDATION
The Planning and Zoning Commission, at their July 11, 2007 Regular Meeting, voted 7 -0 to
recommend approval.
BACKGROUND
The nature of the proposed text amendment is to allow for the processing of zoning applications
concurrently with an annexation petition. According to §31 -12 -115 of the Colorado Revised
Statues (CRS) an annexing municipality must zone the land annexed and amend the official
zoning map within 90 days after the ordinance approving the annexation becomes effective. To
wit, as a result of not requiring the processing of zoning applications concurrently with an
annexation petition several properties annexed into the City were not zoned, and the official zoning
map was not amended, within the 90 -day period required by CRS.
The majority of large municipalities in Colorado require the concurrent processing of an annexation
petition and initial zoning concurrently. Several small municipalities also require the same.
- According to the proposed text amendment the Planning and Zoning Commission would have the
ability to require the submittal of a zoning application as a necessary part of their review of an
annexation petition.
FINANCIAL IMPACT
None