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HomeMy WebLinkAbout09162 ORDINANCE NO. 9162 AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR PROPERTY LOCATED AT 3223 N ELIZABETH STREET BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described property and generally identified in the attached Rezone Exhibit is hereby changed from R-6, Multiple-residential and Commercial District to B-3, Highway and Arterial Business District: N 110 FT OF E 110 FT OF: BEG PT ON E LINE BLOCK 3 VAC COUNTRY CLUB SUB SD PT BEING 244 FT N OF SE COR SD BLK TH W 608.6 FT TH N 20 FT TH E 120 FT TH N 318.4 FT TO NE COR LOT 1 BLK 1 VAC COUNTRY CLUB SUB TH E 455.57 FT TO W LINE HIWAY 85-87 R/W TH SLY ALONG SD R/W 340.05 FT TO BEG + R/W FOR RD OVER S 20 FT SD TRACT SW ¼ SE ¼ 13- 20-65 + VAC RD ADJ ON E + ½ OF ELIZABETH STREET ROW PARCEL SIZE: 12,100 SF SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 3. The rezoning is approved with the following conditions: 1. Provide a complete landscaping plan complying with Section 17-4-7 of the Pueblo Municipal Code for review and approval. 2. Install landscaping and site improvements (as per approved site plan) within one (1) year from the date of approval of the rezoning at City Council. 3. Do not plant Ash tree species. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: August 14, 2017 BY: Robert Schilling PASSED AND APPROVED: August 28, 2017 City Clerk’s Office Item # R-67 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 14, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR PROPERTY LOCATED AT 3223 N. ELIZABETH STREET SUMMARY: Applicant is requesting to rezone the subject property from R-6 to B-3, Highway and Arterial Business District PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located at 3223 N. Elizabeth Street. The applicant is requesting to rezone the property from R-6 to B-3, Highway and Arterial Business District to utilize the property for a marijuana testing lab. The proposed use is not permitted in the existing R-6 Zone District; however, it is allowed as a Conditional Use in the B-3 Zone District. As such, prior to being issued a Conditional Use Permit and a local license for the use, the property will have to be brought into compliance with the requirements of the Conditional Use Permit. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their June 14, 2017 Regular Meeting, voted 5-0 with Commissioner Lujan-Slak and Council Person Schilling absent, to recommend approval with the following conditions of approval: 1. Provide bearings and distances on each property line for the property to be rezoned and dimension the right-of-way to be rezoned. 2. Provide a complete landscaping plan complying with Section 17-4-7 of the Pueblo Municipal Code for review and approval. 3. Install landscaping and site improvements (as per approved site plan) within one (1) year from the date of approval of the rezoning at City Council. 4. Do not plant Ash tree species. Condition 1. has been complied with by the applicant. Conditions 2. through 4. will remain as conditions of approval through the Ordinance. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. A Public Notice poster was placed on the subject property 15 days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Ordinance, the current zoning would remain. 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: Minutes of the Planning and Zoning Commission June 14, 2017 Public Hearing Planning and Zoning Commission Staff Report with Exhibits