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ORDINANCE NO. 10223
AN ORDINANCE AMENDING ZONING RESTRICTIONS TO
REZONE .34 ACRES LOCATED AT 520 WEST 13TH
STREET FROM R-5, MIXED RESIDENTIAL AND OFFICE
DISTRICT TO B-2, SUBREGIONAL 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, Mixed Residential
and Office District to B-2, Subregional Business District:
Lots H, I, J, K+L Block, Elizabeth Place Subdivision of North ½ of Block 37
in County Addition
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 July 11, 2022 .
Final adoption of Ordinance by City Council on July 25, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on July 28, 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-2
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: July 11, 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 .34
ACRES LOCATED AT 520 WEST 13TH STREET FROM R-5, MIXED
RESIDENTIAL AND OFFICE DISTRICT TO B-2, SUBREGIONAL
BUSINESS DISTRICT
SUMMARY:
The applicant is requesting to rezone .34 acres from R-5, Mixed Residential and Office
District to B-2, Subregional Business District to accommodate a retail store.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant opened a retail store at this location in 2019 without a business license.
The City of Pueblo discovered the discrepancy and required the applicant to apply for a
business license. When the applicant spoke with staff, they realized a retail store was not
a use by right in a R-5 Zone District and applied to rezone. A retail store is a use by right
in a B-2 zone District. The building at 520 W. 13th Street was the long-time home of the
Salvation Army and sat empty for years. The property has areas for public parking on
both the east and west sides of the lot, alley access and two curb cuts along 13th Street.
B-1 and B-2 zone districts are most appropriate on busier streets and intersections in
residential neighborhoods. Multiple B-1 and B-2 properties are located immediately to the
west on 13th Street and along Elizabeth Street to the north and south of the rezoning site.
The existing building is constructed to the front property line and does not provide a front-
yard setback. An eight-foot rear yard setback is provided adjacent to the alley; however,
the B-2 Zone District requires a 15-foot rear-yard setback; therefore, the B-2 rezoning will
be contingent upon the property owner obtaining a variance for the zero-foot front-yard
setback and eight-foot rear-yard setback. The Zoning Board of Appeals approved the
front and rear yard setback, ZBA-22-24 on June 28, 2022.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their June 8, 2022 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 will 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 June 8, 2022, Public Hearing
Planning and Zoning Commission Staff Report with Attachments and Exhibits