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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