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Home My WebLink About10899 City Clerk's Office Item # S1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 10, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE ONE-ACRE LOCATED AT 615 SOUTH PUEBLO BOULEVARD FROM R- 2, SINGLE-FAMILY RESIDENTIAL ZONE DISTRICT TO B-3, HIGHWAY AND ARTERIAL BUSINESS ZONE DISTRICT SUMMARY: The applicant is requesting to rezone 1 (one)-acre located at 615 South Pueblo Boulevard from R-2, Single-Family Residential Zone District to B-3, Highway and Arterial Business Zone District. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is a one-acre lot with an approximately 800 square foot residence, which was constructed in 1962. The applicant purchased the property in 2023 and is requesting to rezone from a residential to a commercial zone district so that the existing structure can be repurposed into an office space. The 2022 Regional Comprehensive Plan designates this property as Commercial Mixed-Use. The Commercial Mixed-Use classification calls for primary land uses such as retail, personal services, offices, and entertainment and secondary land uses of multi-family residential and supporting services. The current zone district, R-2, Single-Family Residential, limits the subject property to low-density residential use, which does not conform with the current goals of the Comprehensive Plan. The proposed B-3, Highway and Arterial Business Zone District furthers the goals of the Comprehensive Plan as it greatly expands the potential uses of the property that abuts the Major Arterial roadway, Pueblo Boulevard. The subject property is unsubdivided, so a subdivision plat would have to be recorded before any future commercial building projects could be completed. Currently, the applicant intends to reuse the existing single-family structure on the lot as-is for an office space. The proposed Zoning Map Amendment would facilitate that use as well as make the property more valuable as a commercial lot for any potential future redevelopment opportunities. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their January 8, 2025, 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: 1. Z-24-20 Attachments ORDINANCE NO. 10899 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE ONE-ACRE LOCATED AT 615 SOUTH PUEBLO BOULEVARD FROM R-2, SINGLE-FAMILY RESIDENTIAL ZONE DISTRICT TO B-3, HIGHWAY AND ARTERIAL BUSINESS 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 R-2, Single-Family Residential to B-3, Highway and Arterial Business Zone District: BEG SE COR NE 1/4 NE 1/4 SEC 4 TH N ALONG ELY LINE SD SEC 281.78 FT TO A PT WHICH IS PT BEG TH CONTINUE NLY 140.88 FT TO A PT TH W 309.7 FT M/L TO PT IN ELY LINE W D B SUB NO 1 TH SLY ALG E LINE SD SUB 140.88 FT TO A PT TH E 309.5 FT TO PT BEG. IN NE 1/4 NE 1/4 4-21-65 1A M/L 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 January 27, 2025. Final adoption of Ordinance by City Council on February 10, 2025. ____________________________ President of City Council Action by the Mayor: Approved on _______________. 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 _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk MINUTES OF REGULAR MEETING City of Pueblo, Colorado Wednesday January 8th, 2025 – 3:30 p.m. City Council Chambers, 1 City Hall Place The meeting was called to order at 3:38 PM with Chairman Mike Castellucci presiding. Commissioners Present:Mike Castellucci, Patrick Avalos, Regina Maestri, Christopher Pasternak, Alexandra Aznar, Lisa Bailey, and Cheryl Spinuzzi Commissioners Absent: Staff Members Present: David Wyatt, Assistant City Attorney; Scott Hobson, Acting Director of Planning and Community Development; Beritt Odom, Principal Planner; Mikaylin Hackley, Planner; Hannah Prinzi, Planner Staff Members Absent: Cindy Capritta, Land Use Tech Approval of the Agenda: Baileymotioned to approve the agenda as amended, seconded by Maestri. Motion Passed: 7-0 2. Z-24-20 Rezone: Rezoning of 1 acre located at 615 S. Pueblo Blvd. from Single-Family Residential (R-2) Zone District to Highway and Arterial Business (B- Hearing: Terry Lewis . No Commission Action: Baileymoved to recommend the rezoning , seconded by Motion Passed: 7-0 Z-24-20 January 8, 2025 TO: City of Pueblo, Planning and Zoning Commission FROM: Mikaylin Hackley, Planner THROUGH: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: Rezone from Single-Family Residential (R-2) to Highway and Arterial Business (B-3) APPLICANT: Terry Lewis PROPERTY OWNER: T&M Properties LLC LOCATION: 615 S Pueblo Blvd. CONCURRENT None REQUESTS: REQUEST: The applicant is requesting to rezone 1 acre located at 615 S Pueblo Blvd from Single-Family Residential (R-2) Zone District to Highway and Arterial Business (B-3) Zone District. BACKGROUND AND ANALYSIS: The subject property is a one-acre lot with an approx. 800 sq. ft. existing home constructed in 1962. The applicant for this rezoning purchased the property in 2023 and is looking to rezone from a residential to a commercial zone district so that the existing structure can be repurposed into an office space. The 2022 Regional Comprehensive Plan designates this property as Commercial Mixed-Use. The Commercial Mixed-Use classification calls for primary land uses such as retail, personal services, offices and entertainment and secondary land uses of multi-family residential and supporting services. The current zone district, R-2, Single-Family Residential, limits the subject property to low-density residential use, which does not conform with the current goals of the Comprehensive Plan. The proposed B-3 business zoning, however, furthers the goals of the Comprehensive Plan as it greatly expands the potential uses of the property that abuts the Major Arterial roadway, Pueblo Blvd. The subject property is unsubdivided, so a subdivision plat would have to be recorded before any future commercial building projects could be completed. However, at this time, the applicant intends to reuse the existing single-family structure on the lot as-is for an office space. The proposed Zoning Map Amendment would facilitate that use as well as make the property more valuable as a commercial lot for any potential future redevelopment opportunities. Planning & Zoning Commission Z-24-20 2 LAND USE AND PLANNING COMMENTS CHARACTER AND COMPATIBILITY Site Character: The site hosts an approx. 800 sq. ft. home built in 1962 that is currently vacant. Neighborhood North Sub-Regional Business (B-2) Zone District Compatibility: East Government Use (S-1) Zone District South Central Business (B-4) Zone District West One and Two-Family Residential (R-3) District Comprehensive Plan The subject site is designated by the Pueblo Regional Comprehensive Plan, 2022, as Compliance: Commercial Mixed-Use. ZONING AMENDMENT TEST The standard for accepting an amendment to the zoning map is that the proposed zoning action must either: 1) Further the goals and objectives of the comprehensive land use plan, or !Comments This rezoning will further the goals of the 2022 Comprehensive Plan as the Plan calls for Commercial Mixed-Use rather than residential use. 2) Show that the area has changed significantly since the adoption of the comprehensive land use plan !Comments Not Applicable 3) Show that there was a mistake or error made in the original zoning of the property. !Comments Not Applicable APPLICATION REQUIREMENT PER §17-6-1 OF THE PUEBLO MUNICIPAL CODE The applicant's name and address and the name and address of any person, firm or corporation represented by such applicant in the application !Comments The application contains the required information. The interest of the applicant and the interest of the person, firm or corporation represented by the applicant, be it legal, sales development, operation, or other interest. !Comments The application contains the required information The nature of the amendment and a legal description of the property that would be affected by the amendment. !Comments The application contains the required information A statement of the facts which the applicant believes justify the amendment; provided; however, that when any amendment changing the zoning map is requested, the following additional information shall be furnished: !Comments The application contains the required information A general description of the proposed development to the distance which will be affected; such description including subjects of environmental effect, economic effect, and traffic effect, if any; and such description carried out in scope and detail to the extent needed to support the requested amendment and as may be required by the Planning and Zoning Commission. Planning & Zoning Commission Z-24-20 3 !Comments The application contains the required information A tentative site plan showing proposed structures, uses, open spaces, facilities for parking and loading and arrangements for pedestrian and vehicular circulation. !Comments The applicant does not intend to change the existing structure at this time. A statement of the proposed time schedule for beginning and completion of development. !Comments Not applicable A statement reasonably indicating the applicant's economic responsibility and capability of accomplishing the development for which a zoning amendment is requested. !Comments Not applicable CONTEXT OF ZONE DISTRICT REQUIREMENTS PER §17-4-51(17) OF THE PMC : A. Purpose of B-3 Zone District Standards: The standards of this district are intended to provide areas along highways and arterial streets for location of business and services. RECOMMENDED ACTION: Staff recommends the Planning and Zoning Commission make the necessary findings of fact to forward a recommendation to City Council that the rezoning be APPROVED. REFERRAL AGENCIES AND COMMENTS: No comment !City Public Works No comment !City Transportation No comment !City Law Department Regional Building has no objections to the application. The !Pueblo Regional Building Department structure is still considered a residential structure, any change or use of the structure in a commercial type of use requires Routing, Commercial Plan Review, and possibly Permits. No comment !City Fire Department No comment !City Wastewater No comment !City Stormwater No comment !City Parks and Recreation Department No comment !Xcel Energy No comment !Black Hills Energy No comment on rezoning case; see attachments for CDOT memo !CDOT ATTACHMENTS: A. Aerial Photo B. Zoning Map C. Comprehensive Plan Map D. Public Notice Photo E. Rezoning Exhibit F. CDOT Memo Planning & Zoning Commission Z-24-20 4 A. Aerial Photo B.!Zoning Map Planning & Zoning Commission Z-24-20 5 C. Comprehensive Plan Map D. Public Notice Photo Planning & Zoning Commission Z-24-20 6 Planning & Zoning Commission Z-24-20 7 E. Rezoning Exhibit Traffic & Safety Access Permits December 6, 2024 045A City of Pueblo Mikaylin Hackley, Planner City of PuebloPlanning & Community Development Pueblo, CO 81003 P (719) 553-2261 E mhackley@pueblo.us RE:Z-24-20 615 S Pueblo Blvd Dear Mikaylin, I am in receipt of a referral request for a Rezone located 615 S Pueblo Blvdin the City of Pueblo, Pueblo County, State of Colorado. The site has one single family residence (798 sf) on the oneacre lot. No new construction or alterations to the existing parcel are planned at this time. Existing Access to the parcel is not documented. The property has the tax schedule No. 1504100009, currently ownedby T&M Properties LLC. After review of submittals,we have the following comments: CDOT does not anticipate that the rezone would interfere with or impact CDOT infrastructure or access -a CDOT Access Permit will not be required at this time. CDOT would like to review new any traffic, drainage and improvement related submittals for the development including: traffic studies, trip generation, drainage reports or letters and ICAT Reports. In the future should the useof the propertychange an access permit will be required. If you have questions,please contact me at (719) 562-5537 or michelle.regalado@state.co.us. Sincerely, Michelle Regalado CDOT R2 Assistant Access Manager xc:Lancaster/file 5615 Wills Blvd Suite A, Pueblo, CO 81008-2349 | www.codot.gov/accesspermits 3:30 3:30 3) 3) -- fromfrom at at ,, please please , , nn requestrequest , 2024, 2024 r than the r than the aa 8m info e 8m info e oo licatiolicatio oo pp ZZ (( apap JanuaryJanuary :: ng will be recorded and ng will be recorded and 615 S. Pueblo Blvd. from 615 S. 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Pueblo Blvd. from virtuallyvirtually the proposed the proposed The meetiThe meeti .. l be held onl be held on will be heardwill be heard .. )) 1 City Hall Place1 City Hall Place testimonytestimony click onclick on atat 2) Zone District to Highway and Arterial Business (B2) Zone District to Highway and Arterial Business (B no no -- andand Please contact the planner listed below if you have Please contact the planner listed below if you have this public hearing and express your viewpoint concerning this public hearing and express your viewpoint concerning mbersmbers anneranner DevelopmentDevelopment PlPl DirectorDirector , , ityity eblo.us/PandZeblo.us/PandZ earing. earing. o attendo attend for the approval of the following applicationfor the approval of the following application 44 Rezoning of 0.8 acres of land located at Rezoning of 0.8 acres of land located at : : e e nd Zoning Commission meeting wilnd Zoning Commission meeting wil ActingActing To review the plans and staff report forTo review the plans and staff report for ommunommun ,, eblo.us/PandZ eblo.us/PandZ , 202, 202 www.puwww.pu 259 259 onon 2 2 . . - - RezonRezon iewed via Zoom, but iewed via Zoom, but Family Residential (RFamily Residential (R -- 2020 in City Council Chain City Council Cha -- www.puwww.pu proposal.proposal. tt Mikaylin HackleyMikaylin Hackley day prior to the hday prior to the h 2424 sisi -- he City Planning and Zoning Commission will hold a public hearing onhe Planning ahe City Planning and Zoning Commission will hold a public hearing onhe Planning a cott Hobscott Hobs 719) 553 December 20 Tthe City of Pueblo ZSingleZone District Tp.m.can be vavailable at You are welcome tthis viFriquestions SPlanning & CBy (719) 553December 20 Tthe City of Pueblo ZSingleZone District Tp.m.can be vavailable at You are welcome tthis viFriquestions SPlanning & CBy ( CASE NUMBER:Z-24-20 CERTIFICATION I hereby certify that I did this day cause written notice of the public hearing on the proposed Zoning Map Amendment of the property located at 615S. Pueblo Blvd.to be sent to the attached list of owners of the real property lying within three hundred (300) feet of the said property on which the Zoning Map Amendment is proposed by depositing the same properly addressed and postage paid in the post office, as set forth in the Code of Ordinances, Section 17-6-2. 12-19-24 ______________ (Date) PUEBLO PLANNING & ZONING COMMISSION Mailed by Carol Martinez By: I hereby certify that I did this day verify and photograph the posted notice of the public hearing on the Zoning Map Amendmentof the property located at 615S. Pueblo Blvd.upon which action is pending as set forth in the Code of Ordinances, Section 17-6-2. 12-19-24 Photo uploaded 12-31-24 _________________ (Date) PUEBLO PLANNING & ZONING COMMISSION Photo take by Planner By: hǞƓĻƩhǞƓĻƩ{ƷƩĻĻhǞƓĻƩ/źƷǤhǞƓĻƩ{ƷğƷĻhǞƓĻƩźƦ CZARNECKI CHARLENE KAY12287 W OHIO DRLAKEWOODCO80228-3317 SOUTH PUEBLO BLVD INVESTMENT LLC13701 JEWELL AVE 200-28LAKEWOODCO80228-6033 DALUTELI HOLDINGS LLC1753 VIRGINIA RDLOS ANGELESCA90019-5922 READY THOMAS W233 MELROSE AVEPUEBLOCO81004-1052 T + M PROPERTY LLC32299 KALORAMA PLPUEBLOCO81006-9410 GALLEGOS INVESTMENT PROPERTIES LLC448 S MCCULLOCH BLVD STE 1010PUEBLO WESTCO81007-2888 FRANCEL RAY JR/LEONARD GRACE ANN5260 PARK VISTA BLVDCOLORADO SPRINGSCO80918-2447 BURK BRANDI M553 AVOCADO STPUEBLOCO81005-1514 DEHERRERA JERALDINE561 AVOCADO STPUEBLOCO81005-1514 PADILLA EDNA F562 AVOCADO STPUEBLOCO81005-1515 ATENCIO OLIVAS BESSIE/SOTO JACOB M601 AVOCADO STPUEBLOCO81005-1516 PARKER EDWARD A604 AVOCADO STPUEBLOCO81005-1517 VELARDE RODNEY C607 AVOCADO STPUEBLOCO81005-1516 HUNDLEY MARCUS618 AVOCADO STPUEBLOCO81005-1517 CLINE DOYLE W624 AVOCADO STPUEBLOCO81005-1517 ALLEN EUGEN628 AVOCADO STPUEBLOCO81005-1517 STECKMAN RODNEY S/STECKMAN OTTO D/S6330 3R RDBEULAHCO81023-8705 REGALADO JOSEPHINE T/REGALADO MARTI634 AVOCADO STPUEBLOCO81005-1517 GIANNETTO PHIL S68 CORNELL CIRPUEBLOCO81005-1642 RENEWED LLC9455 W 104TH CTWESTMINSTERCO80021-3886 RENEWED LLCPO BOX 51470COLORADO SPRINGSCO80949-1470