HomeMy WebLinkAbout06490Reception 1310025
12/01/1999
ORDINANCE NO. 6490
AN ORDINANCE GRANTING A TEMPORARY, CONDITIONAL
OFF - STREET PARKING VARIANCE FOR THE PROPERTY
COMMONLY KNOWN AS 226 WEST 4TH STREET, PUEBLO,
COLORADO
WHEREAS, the owner of the property commonly known as 226 West 4th Street, Pueblo,
Colorado and legally described as Lots 6, 7, 8 and the West 8 feet of Lot 5, Block 33, in the Town,
now the City of Pueblo, Pueblo County, Colorado (the "Property ") applied for a variance from the
required number of off - street parking spaces for the Property and its intended use as an office, and
WHEREAS, the Property is located within the jurisdictional boundaries of the former Pueblo
Downtown General Improvement District and pursuant to section 17- 4- 44(a)(2) of the Pueblo
Municipal Code the City Council may, after receipt of recommendations from the Planning and
Zoning Commission, grant a variance from the required number of off - street parking spaces for the
Property and its use, and
WHEREAS, the Planning and Zoning Commission has reviewed the Property owner's
application and recommended approval of a temporary, conditional variance from the required
number of off - street parking spaces for the Property and its intended use as an office, which has been
computed by City's administrative staff to be 210 parking spaces (the "Temporary Variance "), and
WHEREAS, a building permit was issued for construction work on the Property (the
"Building Permit ") conditioned upon the Property owner obtaining either a variance from, or
meeting City's off - street parking requirements, and
WHEREAS, the granting of a temporary conditional variance does not meet the intent and
purpose of the off - street parking condition imposed upon the issuance of the Building Permit, and
WHEREAS, the City Council having considered the foregoing and the factors set forth in
section 17- 4- 44(a)(2) of the Pueblo Municipal Code,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
A temporary, conditional off - street parking variance from the 210 parking spaces required
for the Property and its intended use as an office is hereby granted for a period not to exceed seven
(7) years from November 1, 1999 (the "Temporary Variance "). The Temporary Variance shall be
reviewed every twelve (12) months by the Planning and Zoning Commission to determine if the
owner of the Property has diligently made reasonable progress in securing, providing and furnishing
the required 210 off - street parking spaces. The Planning and Zoning Commission shall furnish to
1
City Council a written report of each of such determination.
SECTION 2
Until the required 210 off - street parking spaces have been secured, provided and furnished
by the Property owner, the Property owner and its tenants shall cause its tenants' employees and
other occupants of the Property to park their vehicles in private or public parking lots and, if
necessary, to transport its tenants' employees and other occupants of the Property from such parking
lots to and from the Property. It is the intent and purpose of this Section 2, as a condition to the
granting the Temporary Variance, to prohibit tenants' employees and other occupants of the Property
from parking on the public streets or elsewhere, except in private or public parking lots.
SECTION 3
The Temporary Variance hereby granted shall terminate upon the expiration of the seven year
period set forth in Section 1 above. Such Variance may be revoked by Resolution of the City
Council at any time upon the default or failure of the Property owner or owner's tenants, as
determined by the City Council in its discretion, to comply with the provisions of Section 2 above,
or to secure and provide the required 210 off - street parking spaces. Upon the termination or
revocation of the Temporary Variance, any certificate of occupancy issued for the Property shall
terminate and expire, and the Property shall not thereafter be used or occupied as an office or for any
other purpose until the required 210 off - street parking spaces have been secured and provided by the
owner or the tenant(s) of the Property
SECTION 4
If any provision of this Ordinance is in conflict with any other ordinance, or parts thereof,
the provisions of this Ordinance shall control to the extent of such conflict during the effective
period of the Temporary Variance.
SECTION 5
If any provision of this Ordinance shall be determined to be held invalid or unenforceable,
upon such determination, the Temporary Variance and any certificate of occupancy issued for the
Property shall terminate.
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1310025
IN 1111111 11111111111111'1
12/01/1999 10.14A ORD
Chris C.
1111 111
Munoz
2 of 3
R 15.00 D 0.00 Pueblo
Cty Clk &
Rec.
2
I 1111111111111111111111 IN 111111111111111111111111111111111111111111111
SECTION 6 . 1310025 12/01/1999 10:14A ORD Chris C. Munoz
3 of 3 R 15.00 D 0.00 Pueblo Cty Clk & Ree.
This Ordinance shall become effective upon final passage.
INTRODUCED: November 8 1 1999
a cc B Robert Schilling
��� J ti� Councilmember
A t ', APPROVED:
►'
t .,Am t
City Ci President of City Council
3
APPLICATI - PLANNING & ZONING
Property Owner
Name PEDCO Foundation. Tnr_
301 North Main, Suite 200
Address Pueblo, Colorado 81003
Telephone No. (719) 544 -2000
Legal Description
(See Attached)
Subdivision
Lot(a)
Property
Applicant (if other than property owner) Address 226 West Fourth Street
Zone B -4
Name
Address
Telephone No.
Application for:
Variance (X )
Parking
Limited Permit Use
Block
Check one:
Use by Review { )
( ) Appeal ( )
NOTE: PLOT PLAN REOUI RED
Attach plot plan to scale showing the dimensions of the property and the loca-
tion of improvements existing or planned, with respect to property lines and
where pertinent or required, ingress and egress, off - street parking and loading,
refuse and service areas, utility access, screening and buffering, signs and
exterior lighting and for limited permit use - location of use in building.
PURPOSE OF APPLICATION: (Check one or more)
( ) to cure a defect in the legal title
( X) to permit development of the pro-
perty along lines not otherwise
possible under the Zoning Ordinance
( ) to promote a sale of property
( ) to permit a use or operation of
the property in a manner not
possible under strict adhereflce
to the Zoning Ordinance
( ) other (specify)
VARIANCE (Do Not Use for Limited Use Permit, Use by Reviev or Appeal)
Nature of Requested Variance:
( ) Front Yard ( ) Side Yard ( ) Rear Yard _
( ) Height Restriction ( ) Lot Area ( X) Other (specify)
Parking
STATEMENT OF FACTS justifying this application. Please be specific. Use extra
sheets if necessary.
Please see the attached Summary
SUMMARY
The property which is the subject of this Application is located at the southeast corner
of the intersection of 4th and Court Streets in downtown Pueblo. The property is
commonly known as 226 West 4th Street, Pueblo, Colorado and legally described in
Exhibit "'I", which is attached hereto and incorporated herein by this reference. The
property is the site of the former Rocky Mountain Bank Note / JC Penney building,
which was formerly owned by QualMed, Inc., and is now owned by the PEDCO
Foundation, Inc. (See Exhibits "2" and "3" which are attached hereto and incorporated
herein by this reference).
In 1997, QualMed, Inc., expanded the building, and was required to provide an
additional 210 off - street parking spaces for the property and its intended use as an
office. To meet the additional parking space requirement, QualMed, Inc., sought and
obtained a temporary, conditional off - street parking variance for the property pursuant
to City Ordinance #6276. The variance was granted for a period not to exceed two
years from November 1, 1997, through November 1, 1999. QualMed, Inc., satisfied the
additional parking space requirement by contracting with the City of Pueblo to lease a
minimum of 210 parking spaces in the Weisbrod parking facility located at 3rd and
Court Streets.
In August, 1999, the PEDCO Foundation, Inc., in cooperation with the City of Pueblo,
acquired the former Woolworth, Pope, and Rocky Mountain Bank Note/ JC Penney
buildings from QualMed, Inc. The buildings were obtained as a critical part of a job
creating economic development project under which The TPA, Inc., a third party
administrator of health insurance claims, will lease the buildings from the PEDCO
Foundation, Inc., and employ a minimum of 600 full -time employees within the next
three years. To satisfy the parking needs of its employees and the off - street parking
requirement applicable to the building, The TPA, Inc., will enter into an agreement with
the City of Pueblo whereunder it will lease a minimum of 210 parking spaces in the
Weisbrod parking facility for a period of at least 7 years.
Based on the foregoing, the PEDCO Foundation, Inc., the owner of the property
described above, is seeking a variance in the required number of off - street parking
spaces for the property and its intended use as an office. As noted above, the PEDCO
Foundation, Inc., acting by and through the tenant of the building, will secure, provide
and furnish the required 210 off - street parking spaces by way of the aforementioned
agreement between The TPA, Inc., and the City of Pueblo. The PEDCO Foundation,
Inc., is asking that the term of the variance be 7 years to coincide with the period during
which The TPA, Inc., will lease parking spaces from the City of Pueblo.
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1111 of that portion of FAlock 33 In the Town, now City of Pueblo,
according to the plan of Pueblo made for the Probate Judge of Puebla
County, 11. H. Fosdick, Engineer, in March 1869, bounded and described as
follows:
DEGI1111ING at the point of Intersection of the South line of Fourth Street
with the East line of Court Street; thence South and along the East line
of Court Street 119.85 feet to the point of intersection of the East line
of Court Street with the irorth line of the alley in said Block 33; thence
Easterly and along the North line of the alley in said Block 33 140.02
feet to a point; thence Northerly and parallel with the East line of
Court Street 119.71 feet to a point in the South line of Fourth Street;
thence westerly and along the South line of Fourth Street 140.02 feet to
the P0I11T OF SEGI1111G, being the sAme property sometimes described as* hots
6, 7, 8 and the West 8 feet of Lot 5, Block 33' of the Town, now City of
Pueblo, according to the plan of PUeblo made for the Probate Judge of
Pueblo County by 1l. H. Fosdick, Engineer in Harch 1869.
ALSO
The Northerly 71.05 feet of Lots 1, 2, and 3, all of Lot 4, the East 36
feet in width of Lot 5 and the South 48.38 feet of the West 41.33 feet of
Lot 3, Block 33, in that part of the present City of Pueblo which was
surveyed and platted by H. M. Fosdick, Civil Engineer for the Probate
Judge of said Pueblo County, in March, 1869.
EXIIiI31T "1"
City of Pueblo
JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT
Director of Planning
DATE: October 27, 1999
TO: Pueblo City Council
FROM: City of Pueblo, Planning and Zoning Commission
SUBJECT: CASE NO. PV- 99 -21, PARKING VARIANCE REQUEST FOR
226 WEST 4 TH STREET
SYNOPSIS
BACKGROUND: The applicant is requesting a continuance of the Parking Variance that was granted
previously to QualMed. The previous variance was granted when the previous owner secured the required
number of parking spaces from the City of Pueblo.
ISSUES: No significant issues with this application have been identified by staff. The commission has
determined that the proposal is appropriate to this property and neighborhood.
RECOMMENDATION: The commission recommends approval of the request by a vote of 6 -0, with one
member of the Planning and Zoning Commission abstaining from this vote.
GENERAL INFORMATION
Applicant: PEDCO
Owner of Property: PEDCO Foundation
Location: 226 West 4th
Existing Zone: B -4
Request: Parking Variance subject to agreement to lease required parking spaces from the City
of Pueblo.
211 E. T" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572
Pueblo City Council
Case No. Z -99 -21
October 27, 1999
Page Two
PUBLIC HEARING MINUTES (OCTOBER 13, 1999, SPECIAL MEETING)
Chairman Lytle said his firm has done work for PEDCO, and to avoid the appearance of any impropriety, he
would abstain from participating in the hearing or the voting on this item. He then turned the chair over to
Vice Chairman Soldan.
James Spaccamonti, President, PEDCO Foundation, appeared before the Commission on behalf of PEDCO.
He said PEDCO now owns the buildings previous occupied by QualMed. A Parking variance was issued to
them for two years in November 1997. They were requesting the parking variance be continued to meet the
parking requirements for their new tenant, which has a seven -year lease on the building.
Mr. Willumstad informed the board that this is basically a renewel of the ordinance that expires December 1,
1999, with the same terms and conditions.
No one else appeared to be heard. Vice Chairman Soldan then closed the hearing.
COMMISSION DECISION (OCTOBER 13, 1999, REGULAR MEETING
Mr. Thomas, seconded by Mr. Verna, moved to recommend approval. Motion carried 6 -0 with Mr. Lytle
abstaining.
TA/SW
ATTACHMENTS: ZONING /LOCATION MAP
SITE PHOTO