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Home My WebLink About10940 City Clerk's Office Item # S3 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 430 COLORADO AVENUE FROM R-5, MULTIPLE RESIDENTIAL AND OFFICE ZONE DISTRICT TO B-2, SUB-REGIONAL BUSINESS ZONE DISTRICT SUMMARY: The applicant is requesting to rezone approximately .17-acres located at 430 Colorado Avenue from R-5, Multiple Residential and Office Zone District to B-2, Sub-Regional Business Zone District. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is a 0.17-acre lot with an approx. 1600 sq. ft. existing commercial office building constructed in 1970. The property was used as a dental office as recently as December 2022, which is a use by-right in the existing R-5 Zone District. The applicant purchased this property in 2023 and is now requesting this rezoning to bring their veterinary clinic business into compliance. The applicant does not intend to apply for any new building permits for new structures or major renovations; the existing building would be utilized as-is for the new business. A veterinary clinic is a use-by-review in a Sub- Regional Business (B-2) District, so a Special Use Permit was also required to bring the business into compliance. The Zoning Board of Appeals approved the use via a Special Use Permit at their February 25, 2025 meeting. The approval is contingent on this approval of the rezoning application by City Council and with the additional condition that no animals are to be boarded overnight. The clinic operates from 8:00am to 3:00pm Monday, Tuesday, Thursday and Friday, and from 8:00am to 5:00pm on Wednesdays performing only minor operations and no surgeries that would require overnight boarding. The 2022 Regional Comprehensive Plan designates this property as Urban Neighborhood. The Urban Neighborhood classification calls for primary land uses of mixed-density housing and secondary land uses of neighborhood-scale commercial and services. The proposed B-2 business zoning furthers the goals of the Comprehensive Plan as it allows for these types of neighborhood-scale commercial developments that can provide low-intensity business services to the neighborhood. A veterinary clinic located in this area would fill a need due to the current low number of veterinary clinics within the City. Other land uses in the surrounding neighborhood include single and multi- family homes, a massage studio, and an insurance office. 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-25-02 Attachments ORDINANCE NO. 10940 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 430 COLORADO AVENUE FROM R-5, MULTIPLE RESIDENTIAL AND OFFICE ZONE DISTRICT TO B-2, SUB- REGIONAL 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-5, Multiple Residential and Office Zone District to B-2, Sub-Regional Business Zone District: NWLY 95 FT OF LOTS 14 TO 16 BLK 123 SOUTH PUEBLO 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 Rezoning Exhibit 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: 2. Z-25-02 Rezone: Rezoning of 0.17 acres located at 430 Colorado Ave. from Multiple Residential and Office (R-5) Zone District to Sub-Regional Business (B-2) Zone District. Staff Report by Mikaylin Hackley, Planner. Hearing: Applicant Amanda Wilson 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 Boston. Motion Passed: 6-0. Z-25-02 March 12, 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 Multiple Residential and Office (R-5) District to Sub- Regional Business (B-2) District APPLICANT: Amanda Wilson PROPERTY OWNER: Amanda Wilson LOCATION: 430 Colorado Ave CONCURRENT ZBA-25-09; Special Use Permit to Allow a Veterinary Clinic in a B-2 REQUESTS: District (Approved by ZBA 2/25/25) REQUEST: The applicant is requesting to rezone 0.17 acres located at 430 Colorado Ave. from Multiple Residential and Office (R-5) Zone District to Sub-Regional Business (B-2) Zone District. BACKGROUND AND ANALYSIS: The subject property is a 0.17-acre lot with an approx. 1600 sq. ft. existing commercial office building constructed in 1970. The property was used as a dental office as recently as December 2022, which is a use by-right in the existing R-5 Zone District. The applicant purchased this property in 2023 and is now requesting this rezoning to bring their veterinary clinic business into compliance. The applicant does not intend to apply for any new building permits for new structures or major renovations; the existing building would be utilized as-is for the new business. A veterinary clinic is a use-by-review in a Sub-Regional Business (B-2) District, so a Special Use Permit was also required to bring the business into compliance. The Zoning Board of Appeals approved the use via a Special Use Permit at their February 25, 2025 meeting contingent on this rezoning being granted and with the additional condition that no animals are to be boarded overnight. The clinic operates from 8:00am to 3:00pm Monday, Tuesday, Thursday and Friday, and from 8:00am to 5:00pm on Wednesdays performing only minor operations and no surgeries that would require overnight boarding. The 2022 Regional Comprehensive Plan designates this property as Urban Neighborhood. The Urban Neighborhood classification calls for primary land uses of mixed-density housing and secondary land uses of neighborhood-scale commercial and services. The proposed B-2 business zoning furthers the goals of the Comprehensive Plan as it allows for these types of neighborhood-scale commercial developments that can provide low-intensity business services to the neighborhood. Other land uses in the surrounding neighborhood include single and multi-family homes, a massage studio, and an insurance office. Z-25-02 2 LAND USE AND PLANNING COMMENTS CHARACTER AND COMPATIBILITY Site Character: The site hosts an approx. 1600 sq. ft. office structure built in 1970. Neighborhood North Multiple Residential and Office (R-5) Zone District; Compatibility: Developed with Top Notch Personnel office building East Multiple Residential and Office (R-5) Zone District; Developed with duplexes and single-family homes South Multiple Residential and Office (R-5) Zone District; Developed with duplexes and single-family homes West Multiple Residential and Office (R-5) Zone District; Developed with homes, Zen Day Spa, and Farmers Insurance office Comprehensive Plan The subject site is designated by the Pueblo Regional Comprehensive Plan, 2022, as Compliance: Urban Neighborhood. The Urban Neighborhood classification calls for primary land uses of mixed-density housing and secondary land uses of neighborhood-scale commercial and services. 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 allows for neighborhood-scale commercial and office uses. 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: Z-25-02 3 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 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(16) OF THE PMC: Sub-Regional Business (B-2) Zone District Standards: Purpose. The standards of this district (B-2) are intended to provide areas for the sale at retail of convenience type goods and services required by residents of a subregion provided that the outlets create no nuisance. RECOMMENDED ACTION: If the Planning and Zoning Commission makes the necessary findings of fact, a recommendation to City Council for approval of the rezone request is appropriate. REFERRAL AGENCIES AND COMMENTS: No comment City Public Works No comment City Transportation No comment City Law Department No comment Pueblo Regional Building Department 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 CDOT ATTACHMENTS: A. Aerial Photo D. Public Notice Photo B. Zoning Map E. Rezoning Exhibit C. Comprehensive Plan Map Z-25-02 4 A. Aerial Photo B. Zoning Map Z-25-02 5 C. Comprehensive Plan Map D. Public Notice Photo Z-25-02 6 E. Rezoning Exhibit 3:30 3:30 fromfrom at at ,, 55 quest request re , 202, 202 aa 2) Zone 2) Zone -- ooner than the (Zoom info (Zoom info application, please application, please March 12March 12 :: er listed below if you have er listed below if you have The meeting will be recorded and The meeting will be recorded and .. 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Regional Business (BRegional Business (B -- following application tact the plann trict to Subtrict to Sub tt ic hearing and express your viewpoint concerning .. )) 1 City Hall Place1 City Hall Place atat no testimony will be heard virtuallyno testimony will be heard virtually Please contact the plannPlease con velopmen 5) Zone Dis5) Zone Dis -- DirectorDirector , Planner, Planner Rezoning of 0.17 acres located at 430 Colorado Ave. from Multiple Rezoning of 0.17 acres located at 430 Colorado Ave. from Multiple for the approval of the following applicationfor the approval of the : : e e ActingActing ,, 20252025 www.pueblo.us/PandZwww.pueblo.us/PandZ 259 259 2 2 . . - - RezonRezon iewed via Zoom, but iewed via Zoom, but .. 0202 in City Council Chambersin City Council Chambers -- 55 Mikaylin HackleyMikaylin Hackley sidential and Office (R 22 -- February 21, The City Planning and Zoning Commission will hold a public hearing onAmanda Wilson ZReDistrict The Planning and Zoning Commission meeting will be held onp.m.can be vavailable at You are welcome to attend this public hearing and express your viewpoint concerning this proposal. To review the plans and staff report for the Friday prior to the hearing. questions Scott HobsonPlanning & Community DeBy (719) 553February 21, The City Planning and Zoning Commission will hold a public hearing onAmanda Wilson ZResidential and Office (RDistrict The Planning and Zoning Commission meeting will be held onp.m.can be vavailable at You are welcome to attend this publthis proposal. To review the plans and staff report for the proposedFriday prior to the hearing. questions Scott HobsonPlanning & Community DevelopmenBy (719) 553 CASE NUMBER Z-25-02 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 430 COLORADO AVE 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 Amendmentof the property located at 430 COLORADO AVE, 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 Owner OwnerOwner StreetOwnerCityOwner Zip State ROWLAND CLASTINE E TRUST + C/O IDEAL MANAGEMENT PUEBLO PO BOX 419CO81002-0419 COGLAR LLC101 W GRANT AVEPUEBLOCO81004-2016 FLORENCE BRYAN/ABREU ALEJANDRAHOUSTON 1016 LA RUE STTX77019-4121 TABOR EVANGELICAL LUTHERAN CHU102 E ORMAN AVEPUEBLOCO81004-2142 GARCIA GEORGE MPUEBLO 102 W PITKIN AVECO81004-2066 COLORADO KROEZE MEAGANSPRINGS 110 VINE STCO80906-3306 BACA CHRISTINA L111 E GRANT AVEPUEBLOCO81004-2130 THOMAS LORIE L TRUST CREATED UNDER + REVOCABLE TRUST DATED 8/17/1990PUEBLO 115 E GRANT AVECO81004-2130 WILSON AMANDA K / WILSON DANIELPUEBLO 115 W GRANT AVECO81004-2016 PUEBLO BURNS KEVIN ROSS YOON117 E GRANT AVECO81004-2130 MATA JESSICA L/GILMAN RYAN CPUEBLO 120 E GRANT AVECO81004-2131 DEANDA STEVEN ALAN121 E PITKIN AVEPUEBLOCO81004-2109 RANDALL CASANDRA METOYERPUEBLO 127 IDAHO AVECO81004-1233 MARTINEZ SHAWN/MARTINEZ DOREENPUEBLO 1327 W ABRIENDO AVECO81004-1005 COLORADO PICKS PROPERTIES INC16270 FOREST LIGHT DRSPRINGSCO80908-2074 H2 PROPERTIES, INCDENVER 2 ADAMS ST UNIT G1CO80206-5725 MARTINEZ SHAWN / MARTINEZ DOREENPUEBLO 201 N MAIN STCO81003-3234 PUEBLO NEW DAY MINISTRIESWEST 2155 W WOODSTOCK WAYCO81007-6219 BURBANK FAMILY TRUST406 COLORADO AVEPUEBLOCO81004-2011 MATTISON FAMILY DISCRETIONARY TRUST410 COLORADO AVEPUEBLOCO81004-2011 BROWN KRISTINPUEBLO 412 COLORADO AVECO81004-2011 MARTINEZ ANNA M416 COLORADO AVEPUEBLOCO 81004-2079 MCLEAN KELLY CPUEBLO 417 BROADWAY AVECO81004-2127 CORDOVA MARQUES421 BROADWAY AVEPUEBLOCO81004-2127 LAURICELLA GREGORY JAMES/LAURICELLA421 COLORADO AVEPUEBLOCO81004-2010 COURTNEY JOHN J/COURTNEY GENEVASUE424 COLORADO AVEPUEBLOCO81004-2011 CARING PREGNANCY CENTER OF PUEBLO500 COLORADO AVEPUEBLOCO81004 TALEGHANI SHAHEPUEBLO 501 COLORADO AVECO81004-2012 PUEBLO CRISIS PREGNANCY CENTER502 COLORADO AVEPUEBLOCO81004-2013 HARDESTY TRAVIS GEORGE / MCCURLEY-H503 BROADWAY AVEPUEBLOCO81004-2115 PEDRIE KOLBYPUEBLO 505 BROADWAY AVECO81004-2115 RAMEY JENNIFER S/RAMEY RICHARD C507 BROADWAY AVEPUEBLOCO81004-2115 APODACA WALTER A/APODACA SALLY JO5959 FOX LNBEULAHCO81023-9718 TURNING PAGE LLCPUEBLO 6192 MUDDY CREEK RDCO81004-9747 ROTH JEFFREY T/ROTH DAVID A620 ALPINE AVEPUEBLOCO81005-1703 WILSON AMANDA KPUEBLO PO BOX 8581CO81008-8581 COLORADO AEON PROPERTIES SOUTH LLCSPRINGS PO BOX 9331CO80932-0331