Loading...
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 tt-n /z3 ID 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.