HomeMy WebLinkAbout10096ORDINANCE NO. 10096
AN ORDINANCE AMENDING ZONING RESTRICTIONS TO
REZONE 2729 FARABAUGH LANE FROM B-3, HIGHWAY
AND ARTERIAL BUSINESS DISTRICT TO BP, BUSINESS
PARK 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 BP, Business Park District:
Lot 2, Block 4, South Prairie Subdivision, Filing No. 2
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 December 27, 2021.
Final adoption of Ordinance by City Council on January 10, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on January 12, 2022 .
□ 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-3
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: December 27, 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
2729 FARABAUGH LANE FROM B-3, HIGHWAY AND ARTERIAL
BUSINESS DISTRICT TO BP, BUSINESS PARK DISTRICT
SUMMARY:
The applicant is requesting to rezone the .7-acre parcel located at 2729 Farabaugh Lane
from B-3, Highway and Arterial Business District to BP, Business Park to facilitate a
change of use to a Retail Marijuana Cultivation Facility.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The property located at 2729 Farabaugh Lane has historically operated as Triple S
Supply, Heating Equipment and Systems (1999-2005), Five Star Sanitary, Janitors
Equipment and Supplies (2010), Waxie Sanitary Supply, Janitors Equipment and Supplier
(2012), and Seven-One-Nine Medical Marijuana Dispensary (2016-Present). The
applicant currently operates a Medical Marijuana Center with an accessory use of Medical
Marijuana Optional Cultivation with a Limited Use Permit at this location. Mr. Duran would
like to convert the use of the premise to a Retail Marijuana Cultivation Facility, which is
not permitted in a B-3 Zone District. Because of this, Mr. Duran and the property owner,
Don Pagano, are requesting this parcel be rezoned to a BP Zone District which allows for
a Retail Marijuana Cultivation Facility with a Conditional Use Permit.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their December 8, 2021 Regular Meeting, voted
7-0 to recommend approval.
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 December 8, 2021 Public Hearing
Planning and Zoning Commission Staff Report with Attachments and Exhibits