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HomeMy WebLinkAbout10937 City Clerk's Office Item # S1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 28, 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 4580 DILLON DRIVE FROM PUD, PLANNED UNIT DEVELOPMENT TO B-3, HIGHWAY AND ARTERIAL BUSINESS ZONE DISTRICT SUMMARY: The applicant is requesting to rezone .92-acres at 4580 Dillon Drive from PUD, Planned Unit Development to B-3, Highway and Arterial Business Zone District for development of a proposed Whataburger restaurant. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting to rezone from a Planned Unit Development (PUD) to a B-3, Highway and Arterial Business Zone District. The subject property is a 0.92-acre parcel, -between Candlewood Suites and Holiday Inn Express & Suites at 4580 Dillon Drive. The applicant intends to develop a Whataburger at this site. The subject property is currently within the North Pueblo Commercial Park, Filing No. 1, 1st Amendment PUD. The PUD Guidelines were recorded in 2007 and are intended for mixed-use commercial development near Dillon Drive and Eagleridge Boulevard. A restaurant is permitted in the PUD as well as most other commercial uses like a movie theater, fitness club, and general retail. However, the guidelines require any development within the PUD, no matter the use or footprint, to comply with the Large- Scale Development Standards. These standards would otherwise only apply when new development creates a building equal to or exceeding 40,000 gross square feet of single- plate ground floor (Section 17-4-46, (d), (1)). Large-Scale Development Standards are generally intended for greenfield big box retail development. The standards include, but are not limited to, requirements for public art, pedestrian arcades, and seating planters - -all of which are challenging to meet on a 45,474 square foot lot. The scale of development standards (small, medium, large) is typically based on the footprint of the building not the zone district in which the building is located. The proposed Whataburger has an approximate gross square footage of 3,500 square feet, which is far below the threshold for Large-Scale Development Standards. Holding this project to standards intended for much larger developments creates physical and financial hardships that otherwise would not occur if the subject property was in a standard commercial zone district. Should the subject property be rezoned to B-3, the applicant will be able to develop the proposed Whataburger according to the Small-Scale Development Standards (Section 17-4-48, (d), (1)), which are more appropriate based on the scope of the project. Rezoning to B-3 is also compatible with the neighboring properties and uses. Nearly all subdivided and developed parcels outside of the PUD between Eagleridge and Highway 50 are zoned B-3. Dillon Drive is classified as an arterial street, and this area is designated as Commercial Mixed Use by the 2022 Regional Comprehensive Plan. The proposed site plan will have to meet all applicable provisions before a building permit is issued. While reviewing this rezoning request, the Fire Department and Police Department raised concerns regarding traffic along this corridor. Staff met to discuss these concerns, and the Fire and Police Departments were comfortable moving forward with the rezoning request and commercial review knowing that all parties were aware of and making efforts to address safety concerns along Dillon Drive. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their March 12, 2025, Regular Meeting, voted 6-0 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-25-01 Attachments ORDINANCE NO. 10937 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 4580 DILLON DRIVE FROM PUD, PLANNED UNIT DEVELOPMENT 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 PUD, Planned Unit Development to B-3, Highway and Arterial Business Zone District: PARCEL B REARRANGEMENT OF PROPERTY BOUNDARIES LL-16-07 FORMERLY #05- 120-21-002 + 003 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 April 14, 2025. Final adoption of Ordinance by City Council on April 28, 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 March 12, 2025 – 3:30 p.m. City Council Chambers, 1 City Hall Place The meeting was called to order at 3:30PM with Chairman Mike Castellucci presiding. Commissioners Present:Mike Castellucci, Patrick Avalos,Brett Boston,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, Hannah Prinzi, Planner, Cindy Capritta, Land Use Tech Staff Members Absent: None Approval of the Agenda: Bailey motioned to approve the agenda as amended, seconded by Boston. Motion Passed: 6-0 Public Meeting: Public Hearings: 1. Z-25-01Rezone: Rezoning of 0.92 acres located at 4580 Dillon Dr from Planned Unit Development (PUD) to Highway and Arterial Business (B-3) to facilitate commercial development. Staff Report by Hannah Prinzi, Planner. Hearing: Applicant Michael Cuppy was sworn in and spoke in support of the rezoning application. No one appeared in opposition. Commission Action: Bailey moved to recommend the rezoning application to City Council seconded by Avalos. Motion Passed: 6-0. Z-25-01 TO: City of Pueblo, Planning and Zoning Commission FROM: Hannah Prinzi, Planner THROUGH: Scott Hobson, Acting Director of Planning and Community Development th DATE: March 12, 2025 SUBJECT: Rezone from Planned Unit Development (PUD) to Highway and Arterial Business (B-3) Zone District APPLICANT: Josh Sandoval, NorthStar Engineer PROPERTY OWNER: Pueblo Lodging II LLC LOCATION: 4580 Dillon Dr CONCURRENT C-24-19 Whataburger restaurant REQUESTS: REQUEST: Rezone 0.92-acres located at 4580 Dillon Dr from Planned Unit Development (PUD) to Highway and Arterial Business (B-3) Zone District to development of a proposed Whataburger restaurant. BACKGROUND AND ANALYSIS: The applicant is requesting to rezone from a Planned Unit Development (PUD) to a Highway and Arterial Business (B-3) Zone District. The subject property is a 0.92- in-between Candlewood Suits and Holiday Inn Express & Suites at 4580 Dillon Dr. The property is currently vacant, but the applicant intends to develop a Whataburger at this site. (See Exhibit F. Site Plan). The applicant submitted a commercial application to pull a building permit for the Whataburger in November 2022, which is when staff recommended they also apply for a rezoning request. st The subject property is currently within the North Pueblo Commercial Park, Filing No. 1, 1 Amendment PUD. The PUD Guidelines were recorded in 2007 and are intended for mixed-use commercial development near Dillon Drive and Eagleridge Boulevard (See Exhibit G. Supporting Documents). A restaurant is permittedin the PUD as well as most other commercial uses like a movie theater, fitness club, and general retail. However, the guidelines require any development within the PUD, no matter the use or footprint, to comply with the Large- Scale Development Standards. These standards would otherwise only apply when new development creates a building equal to or exceeding 40,000 gross square feet of single-plate ground floor (Section 17-4-46, (d), (1)). Large-Scale Development Standards are generally intended for greenfield big box retail development. The Planning & Zoning Commission Z-24-18 2 standards include, but are not limited to, requirements for public art, pedestrian arcades, and seating planters-- all of which are challenging to meet on a 45,474 sq. ft. lot. The scale of development standards (small, medium, large) is typically based on the footprint of the building not the zone district in which the building is located. The proposed Whataburger has an approximate gross square footage of 3,500 sq. ft., which is far below the threshold for Large-Scale Development Standards. Holding this project to standards intended for much larger developments creates physical and financial hardships that otherwise would not occur if the subject property was in a standard commercial zone district. Should the subject property be rezoned to B-3, the applicant will be able to develop the proposed Whataburger according to the Small-Scale Development Standards (Section 17-4-48, (d), (1)), which are more appropriate based on the scope of the project. Rezoning to B-3 is also compatible with the neighboring properties and uses. Nearly all subdivided and developed parcels outside of the PUD between Eagleridge and Highway 50 are zoned B-3. Dillon Dr is classified as an arterial street, and this area is designated as Commercial Mixed Use by the 2022 Regional Comprehensive Plan (Comp Plan). Rezoning to B-3 would be compatible with neighboring properties and uses. The proposed site plan will have to meet all applicable provisions before a building permit is issued. While reviewing this rezoning request, the Fire Department and Police Department raised concerns regarding traffic in this corridor. Staff met to discuss these concerns, and the Fire and Police Departments were comfortable moving forward with the rezoning request and commercial review knowing that all parties were aware of and making efforts to reduce traffic congestion on Dillon Drive. In one such effort, Transportation has requested a traffic impact memo for the site, which the applicant has already provided. Public Works also explained the project to implement a roundabout at the intersection of Dillon Dr and Eagleridge Blvd, which will be a welcomed help. LAND USE AND PLANNING COMMENTS CHARACTER AND COMPATIBILITY Site Character: The site is an undeveloped, vacant lot. Neighborhood North Planned Unit Development (PUD), Candlewood Suites Compatibility: East Government Use (S-1) and Industrial (I-2), Fountain Creek South Planned Unit Development (PUD), Holiday Inn Express & Suites West Highway and Arterial Business (B- Comprehensive Plan The subject site is designated as a Commercial Mixed Use, which supports a Compliance: mix of commercial, employment, and service-oriented services. The zoning amendment would reduce barriers to facilitate commercial development at the subject property, furthering the goals of the 2022 Regional Comprehensive Plan. The proposed rezoning to facilitate commercial development of the site meets the intent of the Comprehensive Plan by reducing barriers to develop a new fast- food restaurant near I-25. Planning & Zoning Commission Z-24-18 3 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 The Comprehensive Plan 2022 designates the subject property as a Commercial Mixed Use, which calls for a mix of commercial, employment, and service- oriented uses. The zoning amendment would further the goals of the comprehensive plan as it would reduce barriers to develop a new fast-food restaurant near I-25 on a busy arterial street. 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. 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 application contains the required information. A statement of the proposed time schedule for beginning and completion of development. Comments The application contains the required information. A statement reasonably indicating the applicant's economic responsibility and capability of accomplishing the development for which a zoning amendment is requested. Comments The application contains the required information. Planning & Zoning Commission Z-24-18 4 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 (B-3) are intended to provide areas along highways and arterial streets for location of business and services. The subject property is located on an arterial street east of Interstate 25 (I-25) and north of Highway 50. Most of the surrounding commercial properties are zoned B-3 and service high volumes of traffic. Thus, rezoning the subject property to B-3 matches the intent of the zone district. REFERRAL AGENCIES AND COMMENTS: City Public Works- Traffic issues have been noted and will be addressed in the commercial review as well as in larger improvements along the Dillon Dr corridor, such as a roundabout at the intersection of Eagleridge Blvd and Dillon Dr. City Transportation- See Above. City Law Department- No Comment Pueblo Regional Building Department- No Comment City Fire Department- First Responders, including were concerned with traffic along this corridor. They are comfortable moving forward with the rezoning request and commercial review of this subject property. However, they are keen to see traffic improvements along Dillon Dr. City Wastewater-No comment City Stormwater-No comment City Parks and Recreation Department- No Comment Xcel Energy- No Comment Black Hills Energy- No Comment CDOT- No Comment ATTACHMENTS: A. Aerial Photograph B. Zoning Map C. Comprehensive Plan Map D. Site Photographs E. Zoning Exhibit F. Site Plan Supporting Documents G. Supporting Documents Planning & Zoning Commission Z-24-18 5 A. Aerial Photograph B. Zoning Map Planning & Zoning Commission Z-24-18 6 C. Comprehensive Plan Map D. Site Photos, Public Notice Planning & Zoning Commission Z-24-18 7 E. Zoning Exhibit Planning & Zoning Commission Z-24-18 8 F. Site Plan G. Supporting Documents 3:30 3:30 at at (Zoom info (Zoom info March 12, 2025, March 12, 2025, 3).3). -- cres located at 4580 Dillon Dr from Planned Unit cres located at 4580 Dillon Dr from Planned Unit aa .. no testimony will be heard virtuallyno testimony will be heard virtually Please contact the planner listed below if you have Please contact the planner listed below if you have Rezoning of 0.92 Rezoning of 0.92 , Planner, Planner for the approval of the following application:for the approval of the following application: 22592259 . . -- 01 Rezone: 01 Rezone: in City Council Chambers at 1 City Hall Place. The meeting will be recorded and in City Council Chambers at 1 City Hall Place. The meeting will be recorded and -- Hannah PrinziHannah Prinzi 2525 -- February 21, 2025 The City Planning and Zoning Commission will hold a public hearing on a request from Joshua Sandoval ZDevelopment (PUD) to Highway and Arterial Business (B The Planning and Zoning Commission meeting will be held onp.m.can be viewed via Zoom, but available at www.pueblo.us/PandZ) You are welcome to attend this public hearing and express your viewpoint concerning this proposal. To review the plans and staff report for the proposed application, please Friday prior to the hearing. questions Scott Hobson, Acting DirectorPlanning & Community DevelopmentBy February 21, 2025 The City Planning and Zoning Commission will hold a public hearing on a request from Joshua Sandoval ZDevelopment (PUD) to Highway and Arterial Business (B The Planning and Zoning Commission meeting will be held onp.m.can be viewed via Zoom, but available at www.pueblo.us/PandZ) You are welcome to attend this public hearing and express your viewpoint concerning this proposal. To review the plans and staff report for the proposed application, please Friday prior to the hearing. questions Scott Hobson, Acting DirectorPlanning & Community DevelopmentBy (719) 553(719) 553 3:30 3:30 from at at , 5 request , 202 a (Zoom info (Zoom info March 12March 12, 2025, : 3).3). -- The meeting will be recorded and . cres located at 4580 Dillon Dr from Planned Unit cres located at 4580 Dillon Dr from Planned Unit aa .. 1 City Hall Place at no testimony will be heard virtuallyno testimony will be heard virtually Please contact the planner listed below if you have Please contact the planner listed below if you have Director Rezoning of 0.92 Rezoning of 0.92 , Planner, Planner for the approval of the following applicationfor the approval of the following application: Acting , 259 2 2259 . . - - 1 Rezone: 001 Rezone: in City Council Chambersin City Council Chambers at 1 City Hall Place. The meeting will be recorded and -- 5 Hannah PrinziHannah Prinzi 225 -- February 21, 2025 The City Planning and Zoning Commission will hold a public hearing onJoshua Sandoval ZDevelopment (PUD) to Highway and Arterial Business (B The Planning and Zoning Commission meeting will be held onp.m.can be viewed via Zoom, but available at www.pueblo.us/PandZ) You are welcome to attend this public hearing and express your viewpoint concerning this proposal. To review the plans and staff report for the proposed application, please Friday prior to the hearing. questions Scott HobsonPlanning & Community DevelopmentBy (719) 553February 21, 2025 The City Planning and Zoning Commission will hold a public hearing on a request from Joshua Sandoval ZDevelopment (PUD) to Highway and Arterial Business (B The Planning and Zoning Commission meeting will be held onp.m.can be viewed via Zoom, but available at www.pueblo.us/PandZ) You are welcome to attend this public hearing and express your viewpoint concerning this proposal. To review the plans and staff report for the proposed application, please Friday prior to the hearing. questions Scott Hobson, Acting DirectorPlanning & Community DevelopmentBy (719) 553 CASE NUMBER Z-25-01 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 4580 DILLON DR 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. February 25, 2025 (Date) PUEBLO PLANNING & ZONING COMMISSION By I hereby certify that I did this day verify and photograph the posted notice of the public hearing on the Zoning Map Amendment of the property located at 4580 DILLON DR, upon which action is pending as set forth in the Code of Ordinances, Section 17-6-2. ______February 25, 2025_____ (Date) PUEBLO PLANNING & ZONING COMMISSION By OwnerOwnerStreeOwnerCityOwnerOwnerZip SAM S REAL ESTATE BUSINESS + C/O WAL MART STORES INC ATTN PROPERTY TAX DEPT412 EAGLERIDGE BLVDPUEBLOCO81008 PUEBLO LODGING LLC PO BOX 15ABERDEENSD57402-0015 HOME EQUITY OPTIONS LLC10401 VENICE BLVD STE 283LOS ANGELESCA90034-6491 SAI VINAYAK INC 4201 RUGER DRPUEBLOCO81008