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ORDINANCE NO. 9820
AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR
TH
LOT 11 BLOCK 27 HIGHLAND PARK SUBDIVISION, 15
FILING FROM R-5, MULTIPLE-RESIDENTIAL AND OFFICE
DISTRICT TO B-3, HIGHWAY AND ARTERIAL BUSINESS
DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The zoning restrictions covering the following described property, and in addition half of
all adjacent dedicated roadway and alley rights-of-way, together generally identified in the
attached Rezone Exhibit, is hereby changed from R-5, Multiple-Residential and Office District to
B-3, Highway and Arterial Business District:
th
Lot 11 Block 27 Highland Park Subdivision, 15 Filing containing 3,634 square
feet.
SECTION 2.
The zoning is approved with the condition that the turf grass, within the tree lawn,
adjacent to South Pueblo Boulevard is reestablished with irrigation within one year of the Zoning
Map Amendment Ordinance being approved.
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 become effective immediately upon final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 9, 2020.
Final adoption of Ordinance by City Council on November 23, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on November 25, 2020 .
☐ 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 __________________failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-7
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: November 9, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR LOT 11 BLOCK
TH
27 HIGHLAND PARK SUBDIVISION, 15 FILING FROM R-5, MULTIPLE-
RESIDENTIAL AND OFFICE DISTRICT TO B-3, HIGHWAY AND ARTERIAL
BUSINESS DISTRICT
SUMMARY:
The applicant is requesting to rezone Lot 11 Block 27 Highland Park Subdivision, 15th Filing
from R-5, Multiple-Residential and Office District to B-3, Highway and Arterial Business District.
The total rezone area is 13,634 square feet.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property has an existing commercial building that contains four units with separate
address points, 2020, 2022, 2024, and 2026 S. Pueblo Boulevard. The structure was
constructed in 1979 and is classified as a “Retail Store” by the Pueblo County Assessor. The
property is located at the north east corner of Redwood Lane and South Pueblo Boulevard. The
remaining portion of the block is zoned R-5, Multiple Residential and Office District developed
with commercial structures containing professional office uses, a church and two multi-family
residential structures. The current uses allowed on the subject property are limited to office,
residential, museum, hospital, churches etc. Retail sales are not allowed as a use by right or
review in the R-5 Zone District. The property is located adjacent to Pueblo Boulevard, which is
an arterial street and is developed with a mixture of commercial, multi-family, single-family,
office, and civic uses. The applicant is requesting to rezone to B-3 to expand the allowed uses
for the site to include retail sales. The B-3 Zone District will not prohibit the current professional
office uses that are established at the site. The existing commercial structure is 2,824 square
feet, 18 parking spaces are provided on site and landscaping is limited to the established tree
lawn adjacent to South Pueblo Boulevard. According to Section 17-4-43, (b), (4), of the Pueblo
Municipal Code, retail uses in a B-3 Zone District require 10 parking spaces, plus one additional
parking space for each 250 square feet of gross floor area in excess of 2,500 square feet. The
minimum number of required parking spaces for this site is 11, therefore the 18 parking spaces
provided exceed code requirements for the zone district change. The existing tree lawn was
exclusively planted with turf grass, no trees or shrubbery. The current condition of turf grass,
within the tree lawn, is spotty with areas of dead turf and bare dirt. The properties located
adjacent to the property contain non-residential uses. Because of this, there is no need to
establish buffers along the northern and eastern property lines.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their October 14, 2020 Regular Meeting, voted 6-0 to
recommend approval. (Commissioner Schilling absent.)
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 property would not be zoned in accordance
with the Pueblo Municipal Code.
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: Proposed Ordinance
Minutes of the Planning and Zoning Commission October 14, 2020 Public
Hearing
Planning and Zoning Commission Staff Report with Attachments and Exhibits