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HomeMy WebLinkAbout11070 City Clerk's Office Item # R1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 10, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Beritt Odom, Director Planning and Community Development SUBJECT: AN ORDINANCE AMENDING SECTIONS 17-4-42 AND 17-4-43 TO TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO MINIMUM PARKING REQUIREMENTS WITHIN APPLICABLE TRANSIT SERVICE AREAS SUMMARY: Attached for consideration is a text amendment that will update Chapter 4, sections 42 and 43 of Title XVII of the Pueblo Municipal Code relating to minimum parking requirements within applicable transit service areas. PREVIOUS COUNCIL ACTION: On October 23rd, 2017, City Council approved Ordinance No. 9190 related to amending off street parking requirements. th On August 26, 2019, City Council approved Ordinance No. 9525 amending the Zoning Code. BACKGROUND: During the 2024 Legislative Session, House Bill 24-1304 was signed into law. This state legislation concerns parking requirements within Metropolitan Planning Organizations (MPO). More specifically, it limits local governments in an MPO from enforcing parking minimums for three development types within Applicable Transit Service Areas as designated on the Minimum Parking Requirements Map created and maintained by the Department of Local Affairs (DOLA). The three development types are as follows: a. Adaptive re-use of an existing building for strictly residential purposes, b. Adaptive reuse of an existing building for a mix of uses in which at least 50% of the resulting use is residential, and c. Newly constructed multifamily residential development. Within the City of Pueblo, the Applicable Transit Service Area encompasses areas within one-quarter mile of public bus routes than have a planned or scheduled frequency of 30 minutes or more on weekdays. The legislation does not prohibit developers from voluntarily providing off-street parking in this area; it simply prohibits the City from requiring parking. The state legislation includes a narrow exception where the City may impose a minimum parking requirement within the Applicable Transit Service Areas in two scenarios. If a proposed residential development contains 20 or more units, or is a regulated affordable housing project, then the City may require up to one off-street parking space per dwelling unit. If the City imposes the requirement of one parking space per dwelling unit, the City must also publish specific findings that demonstrate how the project will have a substantially negative impact if parking is not required. The proposed Text Amendment complies with state legislation, removing off-street parking minimum requirements for the three development types within the Applicable Transit Service Area. It also incorporates the exception so that, if a high-density residential project with 20 more dwelling units or affordable housing project is proposed within the Applicable Transit Service Area, staff may pursue up to one off-street parking space per dwelling unit. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their September 10, 2025 Regular Meeting, voted 7-0 to recommend approval. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing by publication of the proposed amendment fifteen (15) days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Ordinance, Title XVII of the Pueblo Municipal Code will not be amended to reflect current City Engineering and traffic standards. RECOMMENDATION: Approve the proposed Ordinance. ATTACHMENTS: 1. TA-25-05 Attachments ORDINANCE NO. 11070 AN ORDINANCE AMENDING SECTIONS 17-4-42 AND 17-4-43 TO TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO MINIMUM PARKING REQUIREMENTS WITHIN APPLICABLE TRANSIT SERVICE AREAS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 17-4-42 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-4-42. Off-street parking residential. (a) Each \[single-family home or two-family dwelling\] one-family or two-family residence constructed or relocated after the effective date of the ordinance from which this provision is derived shall provide on the building site at least one (1) accessible and usable off-street parking space for each dwelling unit unless additional off-street parking spaces are required by the Roadway Classification Design Standards and Policies. Said parking space may be open or covered; however, no portion of the building site which is required for front or side yard setbacks shall be used as a part of the required off-street parking spaces. The parking space shall be permanent in character, shall be provided with a permanent driveway to a public or private \[roadway\] right of way, and both the parking space and the driveway shall be paved with asphalt concrete, Portland cement concrete, pavers, or equivalent material. Any addition more than five hundred (500) gross square feet in living spaces or the construction or expansion of a covered parking area, regardless of square footage, may require public improvements including concrete or asphalt paving, curb and gutter, sidewalk and driveway in the public right-of-way. Public improvements associated with a covered parking area shall be only the improvements which provide access from the street to the garage. When a building permit is issued, the applicant shall deposit with the City fifty percent (50%) of the value of the public improvements. A deposit will be reimbursed upon acceptance of the completed public improvements. The Director of Public Works may modify installing any or all public improvements if existing conditions, neighborhood pattern, or the proximity of construction to public facilities warrant modification. (1) Exceptions. d. No off-street parking shall be required for residential adaptive re-use development within those areas designated by statute and identified by the HB24-1304 Minimum Parking Requirements Map maintained by the Colorado Department of Local Affairs. For the purposes of this section, adaptive re-use means the conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use. (b) \[Each residential structure containing three (3) or more dwelling units\] Multifamily residences hereafter constructed or relocated shall provide on the building site at least one and one-half (1½) accessible and usable off-street parking spaces for each dwelling unit. \[Residential structures containing three (3) or more dwelling units which are specifically designed and occupied exclusively by persons sixty (60) years of age or older or handicapped, and which are wholly or partially financially supported by public funds or a nonprofit tax-exempt institution, shall provide on the building site at least three-fourths (¾) of an accessible and usable off-street parking space for each dwelling unit.\] Said parking spaces may be located on any portion of the building site, shall be permanent in character, shall be provided with a permanent driveway to \[the\] a public or private right-of-way, and both the parking spaces and driveway shall be paved with asphalt concrete, Portland cement concrete, pavers, or equivalent materials. (1) Exceptions. a. Multifamily residences which are specifically designed and occupied exclusively by persons sixty (60) years of age or older or handicapped, and which are wholly or partially financially supported by public funds or a nonprofit tax-exempt institution, shall provide on the building site at least three-fourths (¾) of an accessible and usable off-street parking space for each dwelling unit. b. No off-street parking shall be required for multifamily residential adaptive re- use development within those areas designated by statute and identified by the HB24-1304 Minimum Parking Requirements Map maintained by the Colorado Department of Local Affairs. For the purposes of this section, adaptive re-use means the conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use. c. No off-street parking shall be required for newly constructed multifamily development within those areas designated by statute and identified by the HB241304 Minimum Parking Requirements Map maintained by the Colorado Department of Local Affairs, unless the following requirements are met, in which case one parking space per dwelling unit shall be provided. 1. The multifamily development is a new development project containing 20 or more dwelling units, or contains regulated affordable housing as defined in C.R.S. 29-36-102. 2. Within 90 days after receipt of a complete application for the proposed multifamily development, the City has published, in a daily newspaper of wide distribution and general circulation, written findings that not imposing or enforcing a minimum parking standard in connection with the proposed multifamily development would have substantial negative impact on: a. Safe pedestrian, bicycle, or emergency access to the multifamily development, or; b. Existing on-or off-street parking spaces within one-eighth mile of the multifamily development. 3. The findings required in Subsection (2) must: a. Be supported by substantial evidence in support of such findings; b. Include parking utilization data collected from the area within one- eighth mile of the multifamily development; c. demand for on-street parking in the area within one-eight mile of the multifamily development would not be effective to mitigate the substantial negative impacts contained in such findings; and d. Have been reviewed and approved by a professional engineer, as defined in C.R.S. 12-120-202(7). SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective immediately after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 27, 2025. Final adoption of Ordinance by City Council on November 10, 2025. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk Mike Castellucci Alexandra Aznar Chair Elizabeth Bailey Patrick Avalos Vice Chair Cheryl Spinuzzi Brett Boston James Salazar City Council Representative Planning & Zoning Commission MINUTES OF REGULAR MEETING City of Pueblo, Colorado Wednesday, September 10, 2025 Î 3:30 p.m. City Council Chambers, 1 City Hall Place The meeting was called to order at 3:32 with Chairman Mike Castellucci presiding. Commissioners Present: Mike Castellucci, Patrick Avalos, Brett Boston, Alexandra Aznar, James Salazar, Elizabeth Bailey, Cheryl Spinuzzi Commissioners Absent: None Staff Members Present: Laura Portis, Assistant City Attorney; Beritt Odom, Director of Planning and Community Development; Hannah Prinzi, Planner; and Cindy Capritta, Land Use Tech. Staff Members Absent: Approval of the Agenda: Bailey moved to approve the agenda, seconded by Spinuzzi. Motion Passed: 7-0 Public Meeting: TA-25-05 Text Amendment: An Ordinance amending Sections 17-4-42 and 17-4-43 of Title XVII of the Pueblo Municipal Code relating to minimum off-street parking requirements in Applicable Transit Service Areas. Staff report by Hannah Prinzi, Planner. Hearing: No one appeared in support or opposition. Commission Action: Bailey moved to recommend approval of the text amendment be forwarded to City Council, seconded by Spinuzzi. Motion Passed: 7-0 Mike Castellucci Alexandra Aznar Chair Elizabeth Bailey Patrick Avalos Vice Chair Cheryl Spinuzzi Brett Boston James Salazar City Council Representative Planning & Zoning Commission TA-25-05 th September 10, 2025 TO: City of Pueblo Planning and Zoning Commission FROM: Hannah Prinzi, Planner THROUGH: Beritt Odom, Interim Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING SECTIONS 17-4-42 AND 17-4-43 TO TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO MINIMUM PARKING REQUIREMENTS WITHIN APPLICABLE TRANSIT SERVICE AREAS BACKGROUND AND ANALYSIS: During the 2024 Legislative Session, House Bill 24-1304 was signed into law. This state legislation concerns parking requirements within Metropolitan Planning Organizations (MPO). More specifically, it limits local governments in an MPO from enforcing parking minimums for three development types within Applicable Transit Service Areas as designated on the Minimum Parking Requirements Map created and maintained by the Department of Local Affairs (DOLA). The three development types are as follows: 1. Adaptive re-use of an existing building for completely residential purposes, 2. Adaptive reuse of an existing building for a mix of uses in which at least 50% of the resulting use is residential, and 3. Newly constructed multifamily residential development. Within the City of Pueblo, the Applicable Transit Service Area encompasses areas within one-quarter mile of public bus routes than have a planned or scheduled frequency of 30 minutes or more on weekdays. To be clear, the legislation does not prohibit developers from voluntarily including off-street parking in this area; it simply prohibits the City from requiring parking. The state legislation includes a narrow exception where the City may impose a minimum parking requirement within the Applicable Transit Service Areas in two scenarios. If a proposed residential development contains 20 or more units, or is a regulated affordable housing project, then the City may require up to one off-street parking space per dwelling unit. However, the City must also publish specific findings that demonstrate how the project will have a substantially negative impact if parking is not required. The City is required to publish these findings within 90 days and report the use of the exception to DOLA. The proposed Text Amendment complies with the above state legislation, removing off-street parking minimum requirements for the three development types within the Applicable Transit Service Area. It also incorporates the exception so that, if a high-density residential project with 20 more dwelling units or affordable housing project is proposed within the Applicable Transit Service Area, staff may pursue up to one off-street parking space per dwelling unit. RECOMMENDED ACTION: If the Planning and Zoning Commission finds the proposed Text Amendment is appropriate, staff recommends a recommendation of APPROVAL of the Text Amendment to be forwarded to City Council. ATTACHMENTS: A. Minimum Parking Requirements Map B. Proposed Ordinance A.Minimum Parking Requirements Map North of Hwy 50 th West of I-25, North of W 4 St East of I-25 th West of I-25, South of W 4 ST B.Proposed Ordinance ORDINANCE NO. _______ AN ORDINANCE AMENDING SECTIONS 17-4-42 and 17-4-43 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 17-4-42 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-4-42. Off-street parking residential. (a) Each \[single-family home or two-family dwelling\] one-family or two-family residence constructed or relocated after the effective date of the ordinance from which this provision is derived shall provide on the building site at least one (1) accessible and usable off-street parking space for each dwelling unit unless additional off-street parking spaces are required by the Roadway Classification Design Standards and Policies. Said parking space may be open or covered; however, no portion of the building site which is required for front or side yard setbacks shall be used as a part of the required off-street parking spaces. The parking space shall be permanent in character, shall be provided with a permanent driveway to a public or private \[roadway\] right of way, and both the parking space and the driveway shall be paved with asphalt concrete, Portland cement concrete, pavers, or equivalent material. Any addition more than five hundred (500) gross square feet in living spaces or the construction or expansion of a covered parking area, regardless of square footage, may require public improvements including concrete or asphalt paving, curb and gutter, sidewalk and driveway in the public right-of-way. Public improvements associated with a covered parking area shall be only the improvements which provide access from the street to the garage. When a building permit is issued, the applicant shall deposit with the City fifty percent (50%) of the value of the public improvements. A deposit will be reimbursed upon acceptance of the completed public improvements. The Director of Public Works may modify installing any or all public improvements if existing conditions, neighborhood pattern, or the proximity of construction to public facilities warrant modification. (1) Exceptions. a. No off-street parking shall be required for residential adaptive re-use development within those areas designated by statute and identified by the HB24-1304 Minimum Parking Requirements Map maintained by the Colorado Department of Local Affairs. For the purposes of this section, adaptive re-use means the conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use. (b) \[Each residential structure containing three (3) or more dwelling units\] Multifamily residences hereafter constructed or relocated shall provide on the building site at least one and one-half (1½) accessible and usable off-street parking spaces for each dwelling unit. \[Residential structures containing three (3) or more dwelling units which are specifically designed and occupied exclusively by persons sixty (60) years of age or older or handicapped, and which are wholly or partially financially supported by public funds or a nonprofit tax-exempt institution, shall provide on the building site at least three-fourths (¾) of an accessible and usable off-street parking space for each dwelling unit.\] Said parking spaces may be located on any portion of the building site, shall be permanent in character, shall be provided with a permanent driveway to \[the\] a public or private right-of-way, and both the parking spaces and driveway shall be paved with asphalt concrete, Portland cement concrete, pavers, or equivalent materials. (1) Exceptions. a. Multifamily residences which are specifically designed and occupied exclusively by persons sixty (60) years of age or older or handicapped, and which are wholly or partially financially supported by public funds or a nonprofit tax-exempt institution, shall provide on the building site at least three-fourths (¾) of an accessible and usable off-street parking space for each dwelling unit. b. No off-street parking shall be required for multifamily residential adaptive re-use development within those areas designated by statute and identified by the HB24- 1304 Minimum Parking Requirements Map maintained by the Colorado Department of Local Affairs. For the purposes of this section, adaptive re-use means the conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use. c. No off-street parking shall be required for newly constructed multifamily development within those areas designated by statute and identified by the HB241304 Minimum Parking Requirements Map maintained by the Colorado Department of Local Affairs, unless the following requirements are met, in which case one space per dwelling unit shall be provided. 1. The multifamily development is a new development project containing 20 or more dwelling units, or contains regulated affordable housing as defined in C.R.S. 29-36-102. 2. Within 90 days after receipt of a complete application for the proposed multifamily development, the City has published, in a daily newspaper of wide distribution and general circulation, written findings that not imposing or enforcing a minimum parking standard in connection with the proposed multifamily development would have substantial negative impact on: a. Safe pedestrian, bicycle, or emergency access to the multifamily development, or; b. Existing on-or off-street parking spaces within one-eighth mile of the multifamily development. 3. The findings required in Subsection (2) must: a. Be supported by substantial evidence in support of such findings; b. Include parking utilization data collected from the area within one- eighth mile of the multifamily development; c. demand for on-street parking in the area within one-eight mile of the multifamily development would not be effective to mitigate the substantial negative impacts contained in such findings; and d.Have been reviewed and approved by a professional engineer, as defined in C.R.S. 12-120-202(7). SECTION 2. Section 17-4-43 of the Pueblo Municipal Code is hereby amended to read as follows: Section 17-4-43. Off-street parking nonresidential. (a) Application. The off-street parking requirements herein contained shall apply only to nonresidential and mixed-use buildings and uses newly instituted, constructed, moved, extended or enlarged by more than ten thousand (10,000) square feet of gross floor area, not to exceed one hundred percent (100%) of an existing structure in I-2 and I-3 zones, and one thousand (1,000) square feet of gross floor area not to exceed one hundred percent (100%) of existing structure in all other zone districts, and shall not apply to buildings lawfully repaired or improved where no increase of floor area is made. The regulations in this Section shall apply to all parking spaces, lots, garages, buildings or portions thereof to be provided in meeting the requirements of this Section. The addition of an adjacent building, whether attached or detached, shall constitute an increase in floor space and shall be included in any calculation of area to meet the requirements of this Section. Additional increases in floor area, based on the above zone districts, shall be a maximum allowable limit of expansion whether cumulative or not based on structure size after 2017. All required parking spaces shall be permanent in character and provided with a permanent driveway to a public or private right of way. The driveway and parking spaces shall be paved with asphalt, concrete, Portland cement concrete, \[or\] pavers, or equivalent materials. (b) Required number of parking spaces. a. (18) Mixed uses. In the case of mixed uses within the same building or structure, the requirements for off-street parking facilities shall be the sum of the requirements for each use based upon the area occupied by the individual use. However, no off-street parking shall be required for adaptive reuse development in which more than fifty percent (50%) of the gross floor area of the development is multifamily use within those areas designated by the statute and identified in the HB24-1304 Minimum Parking Requirements Map maintained by Colorado Department of Local Affairs, unless the following requirements are met, in which case one space per dwelling unit shall be provided. 1. The multifamily development is a new development project containing 20 or more dwelling units, (OR contains regulated affordable housing as defined in C.R.S. 29-36-102; 2. Within 90 days after receipt of a complete application for the proposed multifamily development, the City has published writing findings that not imposing or enforcing a minimum parking standard in connection with the proposed multifamily development would have substantial negative impact on: e. Safe pedestrian, bicycle, or emergency access to the multifamily development, or; f.Existing on-or off-street parking spaces within one-eighth mile of the multifamily development 3.The findings required in Subsection (2) must: g. Be supported by substantial evidence in support of such findings: h. Include parking utilization data collected from the area within one- eighth mile of the multifamily development; i. demand for on-street parking in the area within one-eight mile of the multifamily development would not be effective to mitigate the substantial negative impacts contained in such findings; and j. Have been reviewed and approved by a professional engineer, as defined in C.R.S. 12-120-202(7). SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective thirty (30) days after the date of final action by the Mayor and City Council. DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT CITY OF PUEBLO Published Tuesday, August 26, 2025 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Take notice that at 3:30 P.M., on the 10thday of September,2025in the City Council Chambers,1 City Hall Place, the Planning and Zoning Commission of Pueblowill hold a hearing for the following: TA-25-05:An Ordinance amending Sections 17-4-42 and 17-4-43 of Title XVII of the Pueblo Municipal Code relating to minimum off-street parking requirements in Applicable Transit Service Areas. Staff report by Hannah Prinzi, Planner. A draft of the proposed text amendmentwill be posted on www.pueblo.us/PandZ Agendaand on file in the office of the Department of Planning and Community Developmentofficeand will beavailable forviewing and printing, typically the Friday prior to the meeting. Any person may appear before the Planning and Zoning Commission at the time and place stated above to be heard on the proposed amendment. Individuals who require special arrangements to participate are encouraged to contact the Planning Department at least 72 hours in advance. After the public hearing and recommendation by the Planning and Zoning Commission, the ordinance adopting the proposed Text Amendmentwill be considered by the City Council at a public hearing. Notice of the public hearing before the City Council will be published in the Pueblo Chieftain at least ten (10) days prior to the hearing. Any interested person may appear and be heard at such public hearing and may call the Department of Planning and Community Development for the time and date of such public hearing. Beritt Odom Administrative Official (719) 553-2259