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ORDINANCE NO. 10131
AN ORDINANCE AMENDING ZONING RESTRICTIONS TO
REZONE LOTS 4-8, BLOCK 1, COLLEGE ROAD SUBDIVISION,
THTH
4 FILING, (COLLEGE ROAD SUBDVISION 4 FILING,
REARRANGEMENT OF PROPERTY BOUNDARIES, RPB-21-12,
PARCELS A, B, AND C) TOTALING 2.24-ACRES FROM B-4,
CENTRAL BUSINESS DISTRICT TO B-P, 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-4, Central Business District to B-P, Business
Park District:
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Lots 4 through 8, Block 1, College Road Subdivision 4 Filing, according to the
recorded plat thereof, filed for record August 18, 2009 as Reception No. 1815686
in the records of the Pueblo County Clerk and Recorder (College Road Subdivision
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4 Filing, Rearrangement of Property Boundaries, RPB-21-12, Parcels A, B, and
C).
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 February 28, 2022 .
Final adoption of Ordinance by City Council on March 14, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on March 16, 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: February 28, 2022
TO: President Heather Graham 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 LOTS 4-8,
TH
BLOCK 1, COLLEGE ROAD SUBDIVISION, 4 FILING, (COLLEGE ROAD
TH
SUBDVISION 4 FILING, REARRANGEMENT OF PROPERTY BOUNDARIES,
RPB-21-12, PARCELS A, B, AND C) TOTALING 2.24-ACRES FROM B-4,
CENTRAL BUSINESS DISTRICT TO B-P, BUSINESS PARK DISTRICT
SUMMARY:
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The applicant is requesting to rezone lots 4-8, block 1, College Road Subdivision, 4 filing,
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(Parcels A, B, and C, College Road Subdivision 4 Filing, RPB-21-12), totaling 2.24-acres from
B-4, Central Business District to B-P, Business Park District to accommodate future development
of a tow yard.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property is generally located south of Fortino Boulevard, east of Club Manor Drive
and north of Patty Lane in the College Road Subdivision, 4th Filing. The 2.24-acre site was
originally comprised of five lots (Lots 4-8) and is currently undeveloped. To meet the lot size
requirements for the Business Park (B-P) Zone District, the applicant applied for a Rearrangement
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of Property Boundaries to create three parcels A, B, and C, College Road Subdivision, 4 Filing
Rearrangement of Property Boundaries, RPB-21-12. A preliminary site plan has been submitted
for redevelopment and proposes a tow yard office on Parcel A and tow yard vehicle storage on
Parcels B and C. A tow yard in a B-P zone district is a use by review and the Zoning Board of
Appeals approved the Special Use Permit for this location on September 28, 2021, contingent
upon the property being rezoned to a BP Zone District. The approved Special Use Permit requires
an additional landscape buffer and opaque, decorative barrier for noise mitigation, and no storage
of towed vehicles or industrial uses are allowed on Parcel A, to decrease noise trespass to the
residential zone district located to the north of the property. Wayne’s Towing has been a Pueblo
business since 1970. They are being displaced from their current address at 2500 N Freeway
Road due to the proposed CDOT changes to the Hwy 50 E and the I-25 interchange. The
Colorado Department of Transportation plans to acquire the current Wayne’s Towing site as
additional right-of-way to complete the I-25 reconstruction project. The applicant has been
searching for a new property since June 2020 when they learned of CDOTs intentions to purchase
their land. Wayne’s is required to stay within city limits to continue fulfilling their contract with the
Pueblo Police Department, as they are responsible for the city’s fleet vehicle pickup and removal.
Also, if they are relocated outside city limits, they would no longer be allowed on the city’s rotating
tow list. The applicant states that it is imperative they continue to operate within city limits and
have quick access to 1-25 and Hwy 50 to continue serving their customers.
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, Wayne’s Towing will not be able to operate at
this location.
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