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HomeMy WebLinkAbout07257ORDINANCE NO. 7257 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PRIVATE OPEN SPACE DISTRICT (S -5) BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material deleted, underscoring indicates material added.) SECTION 1. Chapter 4, Section 51(20) of Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: 17 -4- 51(20). Private Open Space District (S -5): a. Purpose. The standards of this district (S -5) are designed to provide areas for a variety of park, open space and recreational uses on land not in public ownership; to designate areas in private ownership that are scheduled or anticipated for transfer to the public domain; or to encourage the multi - sequential use of land by permitting interim uses which do not preclude or discourage the future public use or private recreational use to which the area is intended. b. Development Plan. When any property zoned S -5 is to be developed or redeveloped, the development plan therefore 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 a 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 to develop similarly situated property, including, but not limited to, the effect the development will have on adjacent properties, matters relating to lot area, dimensions and coverage, building heights, setbacks, landscaping, loading zones, parking and lighting. 1b.1 c. Uses by right. A use by right shall be only the following, exclusive or structures and recreational facilities: 1. Park. 2. Open space. 3. Trail. 4. Pedestrian way. [c.] d. Uses by review. A use by review is permitted only upon issuance of a special use permit by the Planning and Zoning Commission. The City [Administrative Official] Land Use Administrator shall provide to the Commission a written statement on any proposed facility or structure or use stating whether the proposal complies with the purpose of the district. The required development plan shall be the primary exhibit for the use by review process. The Commission may impose such conditions or restrictions necessary to preserve the purpose of the district or to protect the public health, safety and welfare. In the case of an interim use, the Commission may establish a date of termination and /or periodic review of the special use permit. The Commission shall not issue a special use permit for a facility or structure or use which does not comply with the purpose of the district. A special use permit may be granted by the Commission only after a public hearing has been held. Notice of such hearing shall be given as if for an amendment to the zoning map. 1. Recreational structures and facilities, which may include golf courses, swimming pools, athletic facilities, and sports field complexes. 2. Public museum. 3. Public library. 4. Accessory uses. Such uses must be solely incidental to and in support of the principal use and function of the structure(s) provided the following conditions are met: a) All accessory uses must be contained within the principal structure. b) The gross square footage of all of the accessory uses shall not exceed thirty (30) percent of the gross floor area of the principal structure. C) Accessory uses, for the purposes of this subsection, may include food concessionaries, nonprofit organization office space, teen centers, public community rooms, and physical therapy facilities that use the principal structure's athletic facilities. d) Daycare centers to benefit those using the principal structure or the public use grounds shall not be considered an accessory use. 5. Commercial uses. Such uses, including buildings and facilities, or portions thereof, shall be limited to fundraising events or activities that directly correlate to the purpose and function of the principal use of the building or facility. For the purposes of this subsection, "commercial use" does not include nonprofit organization office space and uses within the principle structure when functioning within their leased spaces. 6. Detached restrooms. Such structures will be permitted when in support of and located near outdoor athletic fields or golf courses. 7. Concession structures. Such uses will be permitted provided they are no larger than five hundred (500) gross square feet and are in support of and located near outdoor athletic fields or golf courses. 8. Utilities as outlined in Section 17 -4 -30. SECTION 2. This Ordinance shall become effective on December 27 2004. INTRODUCED December 13, 2004 BY Michael Occhiato Councilperson DATE: DECEMBER 13, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JAMES MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PRIVATE OPEN SPACE DISTRICT (S -5) ISSUE Should City Council amend the City's regulations concerning the amendment to PMC Section 17 -4 -51 (20) to require approval of a development plan by the Planning and Zoning Commission prior to development in a private open space district (S -5)? RECOMMENDATION The Planning and Zoning Commission, at their November 10, 2004 Regular Meeting, voted 5 -0 to recommend approval of the proposed amendment. BACKGROUND When any property zoned S -5, Private Open Space District is to be developed or redeveloped, a development plan shall be first submitted for review and approval by the Planning and Zoning Commission. This presents the opportunity to the Planning and Zoning Commission to review proposals at the beginning conceptual level of the development process. FINANCIAL IMPACT None.