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HomeMy WebLinkAbout10544ORDINANCE NO. 10544 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 2511 EAST 4TH STREET AND THREE PARCELS LOCATED NORTH OF 2511 EAST 4TH STREET FROM B-4, R- 2, AND S-4 TO BP, BUSINESS PARK 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-4, R-2, and S-4 to BP, Business Park Zone District: Commencing at the Southwest corner of Eastwood Subdivision, easterly along the southerly line of said Eastwood Subdivision a distance of 103.4 feet to the Southeast corner of parcel of land as described in Bk. 1237, Pg. 520 and the POINT OF BEGINNING; THENCE continuing easterly along the southerly line of said Eastwood Subdivision, a distance of 56.6 feet to the westerly right-of-way line of Dry Creek Street as described in Bk. 1457, Pg. 563; THENCE Northerly along said westerly right of way line, a distance of 225 more or less to an angle point in Dry Creek Street; THENCE continuing Northerly along the centerline of Dry Creek Street, a distance of 150.00 to the easterly extension of the north line of Lot 1, Eastwood Subdivision RPB 22-15; THENCE Westerly along said North line and extension thereof, a distance of 160.00 feet to the Westerly line of Eastwood Subdivision; THENCE Southerly along said Westerly line, a distance of 255' to the Northwest corner of that parcel of land as described in Bk. 1241, Pg. 121; THENCE Southeasterly along the Northerly and Easterly line of said Bk. 1241, Pg. 121 and the Easterly line of that parcel of land as described in Bk. 1237, Pg. 520 to the POINT OF BEGINNING. The above requested BP zoning contains 51,889 ft² (1.19 acre) more or less. 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 August 14, 2023. Final adoption of Ordinance by City Council on August 28, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on August 31, 2023 . ☐ 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 # T1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 28, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 2511 EAST 4TH STREET AND THREE PARCELS LOCATED NORTH OF 2511 EAST 4TH STREET FROM B-4, R-2, AND S-4 TO BP, BUSINESS PARK ZONE DISTRICT SUMMARY: th The applicant is requesting to rezone the parcel addressed 2511 East 4 Street and th the three parcels located north of 2511 East 4 Street, from B-4, R-2, and S-4 to BP, Business Park District to facilitate Summit Brick’s new stone veneer manufacturing business. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting a rearrangement of property boundaries at th 2511 East 4 Street to combine the three parcels north of this address (RPB-22-15). BACKGROUND: The rezoning site was originally developed in Pueblo County and was annexed into the City in 1966. Previous use of the site consisted of Donaldson Custom Auto and Cycle, which was an automotive and motorcycle repair shop. Summit Brick purchased the existing structure and three parcels to the north to establish a new stone veneer manufacturing business. The applicant intends to reuse the existing metal structure for the stone veneer manufacturing process and to store the finished materials in the unimproved land located north of the structure. According to the applicant, the proposed manufacturing use is not anticipated to create noise that will be audible from the properties located north and east of the site. Some noise may stem from equipment traffic and the moving of product in the outdoor storage area located north of the manufacturing building. Hours of operation for both the manufacturing and the movement of product will be limited to Monday through Friday from 7:00 a.m. to 5:00 p.m. and possibly on Saturday between 8:00 a.m. and 12:00 p.m. Manufacturing and production as well as outdoor storage are permitted uses in the BP Zone District. However, the BP Zone District requires a minimum lot area of 20,000 square feet. Because of this, the applicant is also requesting a Rearrangement of Property Boundaries to combine the three parcels north of 2511 East 4th Street into one lot to meet the minimum size requirements for the proposed zone district. The BP Zone District also requires a 100-foot distance between a structure in a BP from an existing residential zone district. The existing metal structure is approximately 66-feet from a R- 2, Single-Family Zone District located to the northeast. The applicant was granted a variance by the City Zoning Board of Appeals on April 25, 2023 for a variance from the 100-foot distance requirement. Previous use of the property was commercial/industrial in nature. All proposed manufacturing uses will be enclosed within the building and the storage yard to the north must be screened according to Section 17-4-5, (4), 9., of the Pueblo Municipal Code. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their March 8, 2023 Regular Meeting, voted 6-0 to recommend approval, (Commissioner Martinez absent) with the following conditions: 1. Eastwood Subdivision, Rearrangement of Property Boundaries, RPB-22-15 must be approved and recorded prior to City Council review and approval of the rezoning request. 2. The applicant must receive a variance from the 100-foot distance requirement for a structure in a BP Zone District to a residential zone district prior to City Council review and 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: 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: 1. Z-22-22 Attachments