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HomeMy WebLinkAbout11071 City Clerk's Office Item # R2 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 SECTION TWO OF CHAPTER TWO, SECTION FIFTY-ONE OF CHAPTER FOUR, AND SECTIONS FOUR AND TEN OF CHAPTER TEN OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO OFF-PREMISES SIGNS SUMMARY: Attached for consideration is a text amendment that will amend Chapter 2, 4 and 10 of Title XVII of the Pueblo Municipal Code in order to allow Public-Private Partnership signs. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The purpose of the proposed text amendment is to amend the definition of and regulations regarding off premises signs in order to allow Public-Private Partnership Signs (PPP Signs) on properties zoned Government Use (S-1) District and on City- owned properties under the review and guidance of the Planning and Zoning Commission and City Council. Sections 1 and 2 of the proposed Ordinance will correct an existing inconsistency in the Pueblo Municipal Code (PMC) by streamlining all regulations about off-premises signs into Chapter 10, the sign code, rather than having conflicting information in the Use Definitions and Use Table. In the Use Table, allowed uses-by- ditional Use Permit. With the addition of PPP Signs, the basic PPP Signs may be permitted through site plan review and could cause confusion. Staff finds that describing all off-premises sign regulations in Chapter 10 and removing this redundant information in Chapter 2 will improve the overall understanding and layout of the PMC. Section 3 of the ordinance adds the definition of PPP Signs to the sign code and establishes that they will be operated through leases or license agreements between private entities and the City. Section 4 of the ordinance amends the table in the sign code that regulates off-premises signs. PPP Signs are added in S-1 zone districts and on any other City-owned properties. Discretion regarding the number of signs per lot, maximum sign area, maximum sign height, and spacing between signs is deferred to the Planning and Zoning Commission for Development Plan Review, which is the same process as all other development types in S-1 zone districts. The table also contains other small -premises signs may never be Electronic Variable Message signs as the proposed PPP Sign use would contradict that clause. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their March 12, 2025 Regular Meeting, voted 6-0 to recommend approval, commissioner Boston absent. 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 allow Public-Private Partnership signs. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. DRAFT Ordinance PPP Signs 2. TA-25-06 Combined Attachments ORDINANCE NO. _11071 AN ORDINANCE AMENDING SECTION TWO OF CHAPTER TWO, SECTION FIFTY-ONE OF CHAPTER FOUR, AND SECTIONS FOUR AND TEN OF CHAPTER TEN OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO OFF-PREMISES SIGNS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 17-2-2 (136) of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-2-2. Use definitions. For the purpose of this Title, certain terms or words used herein shall be interpreted as follows: . . . (136) Reserved. \[Sign, billboard (off-premises sign) means a sign structure advertising an establishment, merchandise, event, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is located; and any other outdoor advertising prohibited by the provisions of Section 43-1-415, C.R.S. and Section 24-4-103, C.R.S.\] SECTION 2. Section 17-4-51 (c) of the Pueblo Municipal Code is hereby amended to read as follows: (c) Permitted Use Table 5-S SSPSSP 4-S \[S\] 3-S PSC 2-S P 1-S PPPPPSPP 3-I \[\] SSSPPPPCS 2-I \[\] SSSSPSSCS 1-I \[\] SSSSPPCS 3-HARP SSSSSSSS 2-HAPR SSSSSSSS 1-HARP SSSSSSSS B-H SSSSSSSS CCN (Minor) SSSSSSSSP CCN (Major) SSSSSSSSSP P-B PSSSSPS 4-B PSSPPSPPPPCS 3-B PSSPPSPPPPCS 2-B SSSSSSSP 1-B SSSSSP 1-O Zone Districts SSP RCN SSSSSS 8-R SSSS 7-R SSSS 6-R \[\] PSSPSPPPSSS 5-R S PS PP S S 4-R SPSSSSS 3-R SSSSSS 2U-R SSSSS 2-R SSSSS 1-R SSSSS 4-A Table of Uses S SS S S S 3-A S SS S S S 2-A SSSPPSSPS C \[P\] 1-A \[\] SSSPPSSPPCS - 01 - 10 - 961 thru 3061 thru 70 thru ----- 10 USE 696972 44444 - --- ----- 4 44 -\]-- § 17 STANDARDS § 17 § 1717 § 17\[thru 1714 § 1717§ 1717 2\] - 2 - (5) (32)(39)(71)(81)(98)(44)(38)(64) (107)(125)(157)(100)(117)(136)(138)(147)(159) \[ §17 DEFINITION REFERENCE \] USES - SPECIFIC Sign, (DEFINITION) Charitable institution Community correctional facility or program Homeless shelterLibraryMuseumParks, trails and open spaceConvent / Monastery Religious institutionWedding facilityAntenna Community center Governmental use, other Nongovernmental use, otherPublic utilities\[billboardSolar ArrayTower (Antenna) Wind Turbine USE Uses Religious Public and Institutional Institutional CATEGORIES Other Public and PUBLIC AND INSTITUTIONAL USES (CONT.) SECTION 3. Section 17-10-04 (e) of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-10-04. Computations, measurements, rules and definitions. . . . (e) Definitions. For purposes of this Chapter the following words shall have the meanings herein set forth: . . . (27.1) Sign, Public-Private Partnership (PPP) means off-premises signs that may be Electronic Variable Message (EVM) signs that are installed, maintained, and operated upon land zoned for government use or any City-owned land by a private party licensed by the City. Agreements regarding PPP signs (which may be leases or license agreements) may be entered into at the discretion of the City Council. PPP signs are l SECTION 4. Section 17-10-05 (i) of the Pueblo Municipal Code is hereby amended to read as follows: (i) Off-premises sign. Zone District Maximum Maximum Area Maximum Spacing Number Per Height Between Signs Lot R-6 \[-\] Determined 300 sq. ft. 30 ft. \[300'\] See by spacing* notes* A-1, A-2, \[1\]I-1, \[-\] Determined 400 sq. ft. 40\['\] ft. \[300'\] See \[1\]I-2, \[1\]I-3 by spacing* notes* S-1 and all Determined by Determined by Determined by Determined by City-owned Planning & Planning & Planning & Planning & property in any Zoning Zoning Zoning Zoning Zone District Commission Commission Commission Commission (PPP Signs) Development Development Development Development Plan Review Plan Review Plan Review Plan Review Notes: *Spacing determined by CDOT along State and Federal highways. **All existing legal nonconforming signs shall continue as legal nonconforming. ***Cap24 additional billboard structures and faces. Cap is subject to review by City Council once the cap is reached. Billboard structures and faces that are removed and relocated to another location shall be exempted from the cap. \[In no case may an electronic variable message sign be used as an off-premises sign.\] SECTION 5. 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 6. This Ordinance shall become effective thirty (30) days 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 Council action 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, October 8, 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, Alexandra Aznar, James Salazar, Elizabeth Bailey, Cheryl Spinuzzi Commissioners Absent: Brett Boston Staff Members Present: Laura Portis, Assistant City Attorney; Beritt Odom, Director of Planning and Community Development; Mikaylin Hackley, Planner; Hannah Prinzi, Planner; and Riane Ledford, Planner. Staff Members Absent: None Approval of the Agenda: Bailey moved to amend the agenda, moving the 2026-2030 Proposed Capital Improvement Plan before MSP-25-04, Master Sign Plan, Pueblo Springs Apartments and approve the amended agenda, seconded by Spinuzzi. Motion Passed: 6-0, Boston absent Public Hearing: TA-25-06 Text Amendment: An Ordinance amending Section 2 of Chapter 2, Section 51 of Chapter 4, and Sections 4 and 10 of Chapter 10 of Title 17 of the Pueblo Municipal Code relating to off-premises signs. Staff report by Mikaylin Hackley, Planner. Hearing: No one spoke in favor or opposition of the proposed amendment. Commission Action: Bailey moved to recommend the Text Amendment be forwarded to City Council for approval, seconded by Spinuzzi. Motion Passed: 6-0, Boston absent DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT CITY OF PUEBLO Published Tuesday, September 23, 2025 NOTICE OF PUBLIC HEARING Take notice that at 3:30 P.M., on the 8th of October, 2025, in the City Council Chambers, 1 City Hall Place, the Planning and Zoning Commission of Pueblo will hold a hearing for the following: TA-25-06: An Ordinance amending Section 2 of Chapter 2, Section 51 of Chapter 4, and Sections 4 and 10 of Chapter 10 of Title 17 of the Pueblo Municipal Code relating to off-premises signs. A draft of the proposed text amendment will be posted on www.pueblo.us/PandZ Agenda and be on file in the office of Planning and Community Development for viewing and printing, typically by 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 amendments. 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 Amendment will 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 Land Use Administrator (719) 553-2259 Mike Castellucci Alexandra Aznar Chair Elizabeth Bailey Patrick Avalos Vice Chair Cheryl Spinuzzi Brett Boston James Salazar City Council Representative Planning & Zoning Commission TA-25-06 October 8, 2025 TO: City of Pueblo Planning and Zoning Commission FROM: Mikaylin Hackley, Planner THROUGH: Beritt Odom, Interim Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING SECTION TWO OF CHAPTER TWO, SECTION FIFTY-ONE OF CHAPTER FOUR, AND SECTIONS FOUR AND TEN OF CHAPTER TEN OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO OFF-PREMISES SIGNS BACKGROUND AND ANALYSIS: The purpose of the proposed text amendment is to amend the definition of and regulations regarding off- premises signs in order to allow Public-Private Partnership Signs (PPP Signs) on properties zoned Government Use (S-1) District and on City-owned properties under the review and guidance of the Planning and Zoning Commission and City Council. Sections 1 and 2 of the proposed ordinance correct an existing inconsistency in the Pueblo Municipal Code (PMC) by streamlining all regulations about off-premises signs into Chapter 10, the sign code, rather than having conflicting information in the Use Definitions and Use Table. In the Use Table, allowed uses-by-right Permit. W the nuance of where and how PPP Signs may be permitted through site plan review and could cause confusion. Staff finds that describing all off-premises sign regulations in Chapter 10 and removing this redundant information in Chapter 2 will improve the overall understanding and layout of the PMC. Section 3 of the ordinance adds the definition of PPP Signs to the sign code and establishes that they will be operated through leases or license agreements between private entities and the City. Section 4 of the ordinance amends the table in the sign code that regulates off-premises signs. PPP Signs are added in S-1 zone districts and on any other City-owned properties. Discretion regarding the number of signs per lot, maximum sign area, maximum sign height, and spacing between signs is deferred to the Planning and Zoning Commission for Development Plan Review, which is the same process as all other development types in S-1 zone districts. The table also contains other small amendments for clarity including correcting a typo -premises signs may never be Electronic Variable Message signs as the proposed PPP Sign use would contradict that clause. 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 be forwarded to City Council. ATTACHMENTS: A. Proposed Ordinance ORDINANCE NO. _______ AN ORDINANCE AMENDING SECTION TWO OF CHAPTER TWO, SECTION FIFTY-ONE OF CHAPTER FOUR, AND SECTIONS FOUR AND TEN OF CHAPTER TEN OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO OFF-PREMISES SIGNS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 17-2-2 (136) of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-2-2. Use definitions. For the purpose of this Title, certain terms or words used herein shall be interpreted as follows: . . . (136) Reserved. \[Sign, billboard (off-premises sign) means a sign structure advertising an establishment, merchandise, event, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is located; and any other outdoor advertising prohibited by the provisions of Section 43-1-415, C.R.S. and Section 24-4-103, C.R.S.\] SECTION 2. Section 17-4-51 (c) of the Pueblo Municipal Code is hereby amended to read as follows: (c) Permitted Use Table 5-S SSPSSP 4-S \[S\] 3-S PSC 2-S P 1-S PPPPPSPP 3-I \[\] SSSPPPPCS 2-I \[\] SSSSPSSCS 1-I \[\] SSSSPPCS 3-HARP SSSSSSSS 2-HAPR SSSSSSSS 1-HARP SSSSSSSS B-H SSSSSSSS CCN (Minor) SSSSSSSSP CCN (Major) SSSSSSSSSP P-B PSSSSPS 4-B PSSPPSPPPPCS 3-B PSSPPSPPPPCS 2-B SSSSSSSP 1-B SSSSSP 1-O Zone Districts SSP RCN SSSSSS 8-R SSSS 7-R SSSS 6-R \[\] PSSPSPPPSSS 5-R S PS PP S S 4-R SPSSSSS 3-R SSSSSS 2U-R SSSSS 2-R SSSSS 1-R SSSSS 4-A Table of Uses S SS S S S 3-A S SS S S S 2-A SSSPPSSPCS \[P\] 1-A \[\] SSSPPSSPPCS - 01 - 10 - 961 thru 3061 thru 70 thru ----- 10 USE 696972 444-44 --- ----- 4 44 -\]-- § 17 STANDARDS § 17 § 1717 § 17\[thru 1714 § 1717§ 1717 2 \] - 2 - (5) (32)(39)(71)(81)(98)(44)(38)(64) (107)(125)(157)(100)(117)(136)(138)(147)(159) \[ §17 DEFINITION REFERENCE \] USES - SPECIFIC Sign, (DEFINITION) Charitable institution Community correctional facility or program Homeless shelterLibraryMuseumParks, trails and open spaceConvent / Monastery Religious institutionWedding facilityAntenna Community center Governmental use, other Nongovernmental use, otherPublic utilities\[billboardSolar ArrayTower (Antenna) Wind Turbine USE Uses Religious Public and InstitutionalInstitutional CATEGORIES Other Public and PUBLIC AND INSTITUTIONAL USES (CONT.) SECTION 3. Section 17-10-04 (e) of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-10-04. Computations, measurements, rules and definitions. . . . (e) Definitions. For purposes of this Chapter the following words shall have the meanings herein set forth: . . . (27.1) Sign, Public-Private Partnership (PPP) means off-premises signs that may be Electronic Variable Message (EVM) signs that are installed, maintained, and operated upon land zoned for government use or any City-owned land by a private party licensed by the City. Agreements regarding PPP signs (which may be leases or license agreements) may be entered into at the discretion of the City Council. PPP signs are l SECTION 4. Section 17-10-05 (i) of the Pueblo Municipal Code is hereby amended to read as follows: (i) Off-premises sign. Zone District Maximum Maximum Area Maximum Spacing Number Per Height Between Signs Lot R-6 \[-\] Determined 300 sq. ft. 30 ft. \[300'\] See by spacing* notes* A-1, A-2, \[1\]I-1, \[-\] Determined 400 sq. ft. 40\['\] ft. \[300'\] See \[1\]I-2, \[1\]I-3 by spacing* notes* S-1 and all Determined by Determined by Determined by Determined by City-owned Planning & Planning & Planning & Planning & property in any Zoning Zoning Zoning Zoning Zone District Commission Commission Commission Commission (PPP Signs) Development Development Development Development Plan Review Plan Review Plan Review Plan Review Notes: *Spacing determined by CDOT along State and Federal highways. **All existing legal nonconforming signs shall continue as legal nonconforming. ***Cap24 additional billboard structures and faces. Cap is subject to review by City Council once the cap is reached. Billboard structures and faces that are removed and relocated to another location shall be exempted from the cap. \[In no case may an electronic variable message sign be used as an off-premises sign.\] SECTION 5. 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 6. This Ordinance shall become effective thirty (30) days 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 . Final adoption of Ordinance by City Council on . 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 Council action on _______ President of City Council ATTEST City Clerk