HomeMy WebLinkAbout07123ORDINANCE NO. 7123
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII RELATING TO ZONING AND
GOVERNMENTAL USE DISTRICT (S -1) AND CLARIFYING USES BY RIGHT AND USES BY
REVIEW IN A GOVERNMENTAL USE DISTRICT (S -1)
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter
deleted, underscoring indicates matter added)
SECTION 1
Subsection (16) of Section 51, Chapter 4, Title XVII of the Pueblo Municipal Code is
amended to read:
(16) Governmental Use District (S -1):
a. Purpose. The standards of this district are designed to retain and provide
land areas held, used or controlled [exclusively] for governmental purposes by or for any
department or branch of government, federal, state, county, municipal, school or special
district, either as owner or under contract or lease with another person, and to place the
public and all elected officials and public agencies on notice of proposed changes in the
use and development of such public lands. [A nongovernmental entity may use property
zoned S -1 only after the proposed use is reviewed by and a special use permit is obtained
from the Planning and Zoning Commission.] "Governmental purpose" means and includes
any use or activity which is reasonably necessary in the discharge of a public or
governmental function whether it is performed by a governmental entity or another person
for or on behalf of a aovernmental entitv.
[b. Uses by right. A use by right is any permanent use of land by any
governmental body or agency, including those listed in Subparagraph a above, provided
that the land is used in the discharge of the entity's governmental duties. When any
property zoned S -1 is to be developed or redeveloped, it shall first be reviewed by the
Planning and Zoning Commission. The Planning and Zoning Commission review shall
concern itself with the proposed use relative to the comprehensive plan, the effect of the
site plan on adjacent properties, the needs of the neighborhood, lot area, lot dimensions, lot
coverage, floor area ratio, building height, building setbacks, landscaping, loading zones
and other similar requirements normally applied to the use of private property. This review
shall be given after proper notice and a public hearing has been held as required for a map
amendment.]
b. Use by right. A use by right is any use of land for governmental purposes by
or for any governmental body or agency, including those listed in subparagraph a. above,
either as owner or under contract or lease with another person. When any property zoned
S -1 is to be developed or redeveloped, the development plan therefor shall be first
submitted for review and approval by the Planning and Zoning Commission. The decision
of the Planning and Zoning Commission shall be made after notice and public hearing has
been held in the manner required for a zoning map amendment. The Planning and Zoning
Commission may approve, disapprove, or approve the development plan with conditions
normally imposed or required for development of similarly situated private property,
including, but not limited to, the effect of the development plan on adjacent properties,
matters relating to lot area, dimensions and coverage, building heights, setbacks
landscaping, loading zones, parking and lighting.
C. Use by review. Property zoned S -1 may be used [by a nongovernmental
entity] for a nongovernmental purpose only upon issuance of a special use permit by the
Planning and Zoning Commission[. Such permit may be granted] after [proper] notice has
been given and a public hearing has been held in the manner required for a zoning map
amendment. Before any special use permit is issued, the Planning and Zoning Commission
shall determine that the proposed use is in compliance with and satisfactory provisions and
arrangements have been made concerning the matters set forth in section 17 -5 -33(5) a.
through h. The Planning and Zoning Commission shall determine the length of time for
which a special use permit may be granted and it may schedule review hearings on the
permit at time intervals deemed reasonable. The Commission may also attach reasonable
conditions to the special use permit that relate to the health, safety, morals and general
welfare of the public.
SECTION 2_
This Ordinance shall become effective upon final passage and approval.
INTRODUCED March 22, 2004
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Background Paper for Proposed 3p
ORDINANCE
AGENDA ITEM #
DATE: MARCH 22, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATIONMIM MUNCH, ACTING DIR.
TITLE
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII RELATING TO ZONING AND
GOVERNMENTAL USE DISTRICT (S -1) AND CLARIFYING USE BY RIGHT AND USES
BY REVIEW IN A GOVERNMENTAL USE DISTRICT (S -1)
ISSUE
Should the City Council amend the text amendment to allow the Planning and Zoning
Commission to review and approve, disapprove, or approve with conditions a development
plan for land already zoned governmental use (S -1)?
RECOMMENDATION
The Planning and Zoning Commission voted 6 -0 to recommend approval.
BACKGROUND
The amendment to the Governmental Use District (S -1) defines governmental purpose
and clarifies uses by right and uses by review in a Governmental Use District (S -1).
Governmental purpose as defined in the amended ordinance "means and includes any
use or activity, which is reasonably necessary in the discharge of a public or governmental
function whether it is performed by a governmental entity or another person for or on
behalf of a governmental entity".
A use by right is any use of land for governmental purposes by or for any governmental
body or agency including any department or branch of government, federal, state, county,
municipal, school or special district, either as owner or under contract or lease with
another person.
When any property zoned S -1 is to be developed or redeveloped, the development plan
shall be first submitted for review and approval by the Planning and Zoning Commission.
The decision of the Planning and Zoning Commission shall be made after notice and
public hearing has been held in the manner required for a zoning map amendment. The
Planning and Zoning Commission may approve, disapprove, or approve the development
plan with conditions normally imposed or required for development of similarly situated
private property, including, but not limited to, the effect of the development plan on
adjacent properties, matters relating to lot area, dimensions and coverage, building
heights, setbacks, landscaping, loading zones, parking and lighting.
A use by review is any use of any S -1 zoned land for a nongovernmental purpose. Prior to
the use of S -1 land for a nongovernmental purpose the Planning and Zoning Commission
must issue a special use permit. This special use permit can only be issued after notice
has been given and a public hearing has been held in the manner required for a zoning
map amendment. Before any special use permit is issued, the Planning and Zoning
Commission shall determine that the proposed use is in compliance with and satisfactory
provisions and arrangements have been made concerning the following, where applicable:
a). Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe.
b). Off - street parking and loading areas where required, with particular attention to the
items in Subparagraph a above and the economic noise, glare or odor effects of the
use by review on adjoining properties and properties generally in the district.
c). Refuse and service areas, with particular reference to the items in Subsections a
and b above.
d). Utilities, with reference to the location's availability and compatibility.
e). Screening and buffering with reference to type, dimensions and character.
f). Signs, if any, and proposed exterior lighting with reference to glare, traffic, safety,
economic effect and compatibility and harmony with properties in the district.
g). Required yards and other open space.
h). General compatibility with adjacent properties and other property in the district.
The Planning and Zoning Commission shall determine the length of time for which a
special use permit may be granted and it may schedule review hearings on the permit at
time intervals deemed reasonable. The Commission may also attach reasonable
conditions to the special use permit that relate to the health, safety, morals and general
welfare of the public.
FINANCIAL IMPACT
None.