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HomeMy WebLinkAbout10038 ORDINANCE NO. 10038 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 200 VISION LANE, LOT 4, BLOCK 1 TRINITY SUBDIVISION, FROM B-3, HIGHWAY AND ARTERIAL BUSINESS ZONE DISTRICT TO I-2, INDUSTRIAL ZONE 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 B-3, Highway and Arterial Business Zone District to I-2, Industrial Zone District: LOT 4, BLOCK 1, TRINITY SUBDIVISION SECTION 2. 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 3. 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 October 25, 2021 . Final adoption of Ordinance by City Council on November 8, 2021 . President of City Council Action by the Mayor: ☒ Approved on November 10, 2021 . □ 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-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 25, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 200 VISION LANE, LOT 4, BLOCK 1 TRINITY SUBDIVISION, FROM B-3, HIGHWAY AND ARTERIAL BUSINESS ZONE DISTRICT TO I-2, INDUSTRIAL ZONE DISTRICT SUMMARY: The applicant is requesting to rezone 200 Vision Lane, Lot 4, Block 1, Trinity Subdivision, from B- 3, Highway and Arterial Business Zone District to I-2, Industrial Zone District to facilitate a salvage yard use. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is seeking to rezone approximately 30,487 square feet at 200 Vision Lane to institute a salvage yard business. The rezoning site is located in the eastern portion of the City approximately one half-mile west of the Highway 47 and 50 Bypass interchange. The area was annexed into the City and subdivided in 1981. The property is currently undeveloped and zoned B-3, Highway and Arterial Business District. The Pueblo Comprehensive Plan designation of the property is Arterial Commercial Mixed Use and adjacent designations include Employment Center, Light Industry Mixed Use to the west and Urban Residential to the east. Despite the Comprehensive Plan designation, which focuses on retail and service enterprises, existing development along Vision Lane is primarily industrial consisting of salvage yards along the east side of Vision Lane and aggregate suppliers along the west side of Vision Lane in unincorporated Pueblo County. The Annual Average Daily Traffic (AADT) count is 7,700 on East 4th Street just th to the west of Vision Lane, and the AADT is 7,000 on East 4 Street to the east of Vision Lane. This data indicates that most of the traffic is through traffic. The adjacent parcel immediately to the north of the rezoning site will remain undeveloped and zoned B-3. A Special Use Permit is required for the proposed salvage yard use within an I-2, Industrial Zone District. The applicant has applied for a Special Use Permit to the Zoning Board of Appeals to allow for a salvage yard at 200 Vision Lane. The Special Use Permit request is scheduled to be heard on September 27, 2021. Planning Staff is recommending that an approval of the Special Use Permit be conditioned on the successful rezoning of Lot 4, Block 1, Trinity Subdivision to an I-2 Zone District. The applicant is also the owner and operator of Tom’s Auto Salvage located north of the rezoning site at 300 Vision Lane. Tom’s Auto Salvage received a Special Use Permit in 2017. Tom’s Auto Salvage expanded south, to Lots 1 and 2, Block 1, Trinity Subdivision in 2018, which required the applicant to rezone the two lots from B-3 to I-2 and receive another Special Use Permit for a salvage yard use. The proposed rezoning to I-2 will facilitate another expansion of Tom’s Auto Salvage; however, the proposed expansion is disconnected from the established business by Lot 3, Block 1, Trinity Subdivision, which remains unimproved and zoned B-3. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their September 8, 2021 Regular Meeting, voted 6-0 to recommend approval, Commissioner Pasternak 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 September 8, 2021 Public Hearing Planning and Zoning Commission Staff Report with Attachments and Exhibits