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HomeMy WebLinkAbout06845ORDINANCE NO. 6845 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM B -4 TO S -4 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 100 EAST NORTHERN AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described property be changed from B -4, Regional Business District, to S -4, Parking District, and upon passage of this ordinance, zoning restrictions affecting S -4, Parking District shall apply to said property: LOTS 35 TO 38, BLOCK 4, CITY HALL PLACE SUBDIVISION, 2 ND FILING, and more commonly known as: 100 EAST NORTHERN AVENUE. SECTION 2. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED: May 28, 2002 BY: Al Gurul e COU CILPERSON APPROVED: PRESIDENT OF CITY COUNCIL 1_ ATTESTED BY: CITY LERK PASSED AND APPROVED: June 10, 2002 fl 7 ) Background Paper for Proposed ORDINANCE DATE: MAY 28, 2002 AGENDA ITEM # DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT/ JIM MUNCH TITLE AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM B -4 TO S -4 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 100 EAST NORTHERN AVENUE ISSUE Shall City Council approve a request to rezone the property to an S -4 Zone District that will allow the applicant erect a billboard on the property with a Special Use Permit? RECOMMENDATION The Planning and Zoning Commission voted 6 -0 to recommended approval of the rezoning. BACKGROUND The applicant wishes to erect a billboard on his property which is currently zoned B -4. A B -4 commercial zone district does not allow billboards as a "use by right' or a "use by review." Due to poor access, it would be difficult for the owner of this property to develop a viable business at this location. The applicant had requested that the property be rezoned to an R -6 zone district; one of two districts which allows a billboard as a "use by right'. The Planning Commission requested that the applicant amend his request from an R -6 to an S -4 (parking lot) district. In an S -4 zone district, the applicant will be required to request and obtain a Special Use Permit from the Zoning Board of Appeals. The Zoning Board of Appeals may place conditions on this use that would otherwise not be allowable, such as height and size. The applicant agreed to amend the request to an S -4 zone district. At the April 22, City Council meeting, the applicant was not present to explain his application and the application was sent back to the Planning and Zoning Commission for further clarification. City staff had recommended denial based on the site's proximity to residential areas. At the Planning and Zoning Commission meeting held on May 8 the Planning and Zoning Commission reaffirmed their vote to recommend approval of the rezoning of this property to S -4. They clarified the 7 -0 vote with the following statements of support: 1. ZBA can regulate the height and size of a billboard as a condition of the special use permit 2. Applicant is willing to contract with a sign company for only ten years 3. A petition was signed by neighboring properties who are in support of the rezoning 4. The applicant has offered to keep the area cleaned up if a special use permit is granted At the Zoning Board of Appeals hearing, staff will recommend that the special use permit be granted only if the following conditions are met. 1. Regulate the size and height of the sign to prevent it from being used for 1 -25 traffic. 2. Limit the time of the Special Use Permit to 10 years. 3. Keep the site clean and free of liter. FINANCIAL IMPACT None