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HomeMy WebLinkAbout09820 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