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HomeMy WebLinkAbout09289 City Clerk’s Office Item # S-9 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: May 14, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE CHANGING ZONING RESTRICTIONS FOR A PARCEL TH OF LAND LOCATED AT 1715 WEST 29 STREET FROM B-1, NEIGHBORHOOD BUSINESS DISTRICT TO B-2, SUBREGIONAL BUSINESS DISTRICT SUMMARY: The applicant is requesting to rezone the subject property from B-1 to B-2, Subregional Business District. PREVIOUS COUNCIL ACTION: None. BACKGROUND: th The owner of the property located at 1715 West 29 Street is requesting to rezone the property from B-1 to B-2 to utilize the property for used car sales, vehicle inspection and minor vehicle service. The proposed use is not permitted in the existing B-1 Zone District; however, it is allowed as a Special Use Permit in the B-2 Zone District as an auto dealership. On October 24, 2017, the Zoning Board of Appeals granted a Special Use Permit that is contingent upon the approval of the rezoning, and conditions of the special use permit requiring compliance with landscaping, lighting, off-street parking, stormwater utility controls, and architecture for outside storage, trash collection and loading areas. The proposed use, being located at an intersection with all four corner properties providing opportunities for neighborhood commercial services, is consistent with the comprehensive plan. A metal fence was previously installed by the owner within the public th right-of-way along West 29 Street and along Morris Avenue without receiving prior authorization from City Council. Along Morris Avenue, the fence is located approximately fifteen (15) feet outside the property, and immediately adjacent to the public sidewalk. The location of the fence directly impacts the access to the bus stop on Morris Avenue that is adjacent to the site by not allowing for people to wait without impeding pedestrian traffic. If the bus stop is updated in the future, the fence will restrict the area needed for an addition of a bus stop structure or a bench. A revocable permit for the fence to remain within the public right-of-way will not be recommended by the Director of Public Works. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their December 13, 2017 Regular Meeting, voted 5-0 to recommend approval with the following conditions: 1. Provide the following landscape improvements, and provide a landscape plan that is approved by staff prior to being scheduled for City Council: a. Provide landscape setback along Morris Street – from the back of sidewalk to the property line. th b. Provide landscape setback along West 29 Street – outside the fence plus ten (10) feet from the fence to the property, or move the fence to the property, and provide landscape setback between the back of the sidewalk to the fence. c. Landscaping must be installed within one (1) year of the date of approval by City Council. 2. Comply with parking and public improvements and provide plans that are approved by staff prior to being scheduled for City Council. a. Public improvements and parking lot improvements must be installed within one (1) year of the date of approval by City Council. 3. Revise the rezoning exhibit to include all of the adjacent rights-of-way, including the areas of right-of-way that are at the corners, that are not adjacent to the site. 4. Remove or replace the existing non-cut off fixtures with full cut off fixtures within one (1) year of the date of approval by City Council. The applicant has requested to process the application through to City Council prior to creating improvement plans; therefore, the conditions of approval from Planning and Zoning Commission must be slightly revised to reflect the removal of the requirement to provide plans prior to being scheduled for City Council. 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 December 13, 2017 Public Hearing Planning and Zoning Commission Staff Report with Exhibits ORDINANCE NO. 9289 AN ORDINANCE CHANGING ZONING RESTRICTIONS TH FOR A PARCEL OF LAND LOCATED AT 1715 WEST 29 STREET FROM B-1, NEIGHBORHOOD BUSINESS DISTRICT TO B-2, SUBREGIONAL BUSINESS DISTRICT 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 B-1, Neighborhood Business District to B-2, Subregional Business District: st Lots 21-24 Block 160, Fairmount Park 1 and the East 40 feet of Morris Avenue th adjacent to said Lots 21-24 and the North 40 feet of 29 Street adjacent to said Lot 21 and ½ of alley adjacent to said Lots 21-24, County of Pueblo, State of Colorado. SECTION 2. The zoning is approved with the following conditions: 1. Complete landscape improvements in compliance with Section 17-4-7 of the Pueblo Municipal Code. 2. Public improvements, parking lot improvements, and non-compliant light fixtures improvements shall be completed in compliance with the Pueblo Municipal Code. 3. Revise the rezoning exhibit to include all of the adjacent rights-of-way, including the areas of right-of-way that are at the corners, that are not adjacent to the site. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall be approved upon final passage but shall not become effective until the conditions, if any, approved by City Council, have been completed and approved by the Director of Public Works. If for any reason such conditions are not completed and approved within one hundred eighty (180) days after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Owner. No vested rights shall accrue to the rezoning or be acquired until this Ordinance becomes effective. INTRODUCED: May 14, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED:May 29, 2018