HomeMy WebLinkAbout11285Docusign Envelope ID: 72EBB83C-D0D8-8E88-80C3-AA5551 F952CF
City Clerk's Office Item # R1
COUNCIL MEETING DATE: October 13, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Beritt Odom, Director Planning and Community Development
SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE
2.95 ACRES LOCATED AT 330 LAKE AVE FROM ONE- AND TWO-
FAMILY RESIDENTIAL (R-3) ZONE DISTRICT TO COMMERCIAL
CHARTER NEIGHBORHOOD (CCN) ZONE DISTRICT
SUMMARY:
The applicant is requesting to rezone 2.95 acres at 330 Lake Ave. from a One- and
Two -Family Residential (R-3) Zone District to a Minor Commercial Charter
Neighborhood (CCN) Zone District.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is requesting to rezone 2.95 acres at 330 Lake Ave. from a One- and
Two -Family (R-3) Zone District to a Commercial Charter Neighborhood (CCN) Zone
District. The proposed rezoning spans most of Block 154 of the South Pueblo
Subdivision, adjacent to Lake Ave., Madison St., E. Routt Ave., and E. Pitkin Ave. The
property was originally developed as St. Patrick High School in 1950 and was
purchased by the applicant, Rocky Mountain SER, in 2006. They are currently
operating their Empowerment Center programming from the reused building with a wide
variety of uses, some of which were permitted by a Special Use Permit for a Charitable
Institution as issued in August of 2021 (see attachments). That permit allowed for the
operation of a food bank as well as a commissary kitchen in partnership with the Pueblo
Food Project, but RMSER has since expanded its services to uses beyond their
existing SUP that would not otherwise be allowed in the current R-3 zone district. Thus,
Planning staff recommended a rezoning into a CCN zone district as allows for a wider
range of the commercial uses RMSER wishes to pursue, some as uses -by -right and
some as uses -by review, while still retaining an appropriate zoning classification for the
largely residential neighborhood.
Docusign Envelope ID: 72EBB83C-DOD8-8E88-80C3-AA5551F952CF
The Commercial Charter Neighborhood (CCN) district is unique from all other City zone
districts as it has two sub -classifications within the CCN category, Major and Minor. The
distinction is determined by the street classification level that the site is adjacent to, with
the Minor CCN district located along Major Arterial roads and the Minor CCN district
reserved for lower classifications like Minor Arterial, Collector, or Local streets. The
subject property is surrounded by right-of-way on all four of its boundaries; Lake Ave
has the highest classification, Minor Arterial, and the other three roads surrounding the
property are classified as local streets. Thus, the subject property would be subject to
the CCN Minor standards should this rezoning be approved, which is intended to
provide for areas of commercial, office, and mixed -use development to serve the
surrounding neighborhood.
Many of the uses desired by RMSER that are not permissible under the current zone
district are focused on the gymnasium space as designed when the building was a
school. The space has been recently utilized by local theater and dance groups putting
on small performances, which would fit under the definition of "theater" in current code
and would be a use -by -review in the CCN Minor district. There is also a pending
business license requesting permission for a Religious Institution to utilize the
gymnasium space, which would also be a use -by -review in the CCN Minor. The
applicants also expressed interest in hosting benefit events for their organization in the
gym thus using it as a Banquet Hall, which is also a use -by -review. Each of these uses
by -review would have to be approved by the Zoning Board of Appeals, who have the
power to add reasonable conditions to their approval to protect the health, safety, and
general welfare of the subject property and surrounding area.
Additionally, RMSER has hosted a small, appointment -only nail salon business on the
subject property as a starter space for a small nail artist business. Beauty Salons are
conditional uses in the CCN Minor district, which means they are permissible so long as
they remain minor in scale, defined in the code as limited to "no more than two
workstations." Also, the applicant also constructed a domed greenhouse structure on
the subject property in order to add a Community Garden to their services. Community
Gardens are also conditional uses in the CCN Minor district, contingent on a written
application agreeing to uphold Community Garden performance standards (see
attachments). These conditional uses would be reviewed administratively by staff
should the rezoning be approved.
The current Regional Comprehensive Plan designates this area as an Urban
Neighborhood, characterized by uniform blocks, gridded streets, alleys, a mix of
housing types, and a variety of services and amenities available within the
neighborhood or easily accessible nearby. Residential, commercial, and mixed -use
activities are typical within the Urban Neighborhood. For instance, the surrounding area
is primarily residential with schools, churches, a dance studio, bank, Taco Bell, and vet
clinic within three blocks of the subject property. Thus, the lower -intensity commercial
uses allowed within the CCN Zone District are appropriate within the Urban
Neighborhood land use classification.
Docusign Envelope ID: 72EBB83C-DOD8-8E88-80C3-AA5551F952CF
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their August 12, 2026, Regular Meeting,
voted 5-2 to recommend denial.
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 rezoned in
accordance with the Pueblo Municipal Code.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Z-26-12 Attachments
Docusign Envelope ID: 72EBB83C-D0D8-8E88-80C3-M5551F952CF
ORDINANCE NO. 11285
AN ORDINANCE AMENDING ZONING RESTRICTIONS TO
REZONE 2.95 ACRES LOCATED AT 330 LAKE AVE FROM
ONE- AND TWO- FAMILY RESIDENTIAL (R-3) ZONE DISTRICT
TO COMMERCIAL CHARTER NEIGHBORHOOD (CCN) 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 zoned to Commercial Charter Neighborhood (CCN) Zone
District:
LOTS 3-12 + 17-28 BLK 154 SOUTH PUEBLO ALSO LOTS A -D RAGLES MESA SUB OF
LOTS 13-16 OF BLK 154 IN COLORADO COAL + IRON COMPANYS ADDITION NO 1 +
VACATED ALLEY ADJ PER CITY ORDINANCE #1547 + 1562 FORMERLY #15-012-15-002+
006 + 007 + 009
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 September 28, 2026..
Final adoption of Ordinance by City Council on October 13, 2026.
President of City Council
Docusign Envelope ID: 72EBB83C-DOD8-8E88-80C3-AA5551F952CF
Action kyihe Mai:
11 Approved on 10/14/2026
❑ Disapproved on
based on the following objections:
Mayor
Action by City Council After O1sap13roval 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 Dot Si Tied by:
City Clerk
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MINUTES OF REGULAR MEETING
City of Pueblo, Colorado
Wednesday, August 12, 2026, 3:30 p.m.
City Council Chambers, 1 City Hall Place
The meeting was called to order at 3:30p.m. with Chairman Castellucci presiding.
Commissioners Present: Mike Castellucci, Patrick Avalos, Alexandra Aznar, Elizabeth Bailey,
Cheryl Spinuzzi, and James Salazar. Brett Boston attended virtually via Zoom.
Commissioner(s) Absent:
Staff Members Present: Beritt Odom, Director of Planning and Community Development,
Laura Portis, Assistant City Attorney; Mikaylin Hackley, Senior Planner; and Hannah Prinzi,
Planner
Staff Members Absent:
Approval of the Agenda: Bailey moved to approve the agenda, seconded by Salazar.
Motion Passed: 7-0
Public Meeting: N/A
Public Hearing:
Z-26-12 Rezone: A rezoning of 2.95 acres located at 330 Lake Ave from One- and Two -Family
Residential (R-3) Zone District to Commercial Charter Neighborhood (CCN) Zone District. Staff
report by Mikaylin Hackley, Senior Planner.
Hearing: Applicant Brandi Adakai was sworn in and spoke in favor of the application.
Laura Leyba appeared in support. Carla Hendrickson spoke and submitted Exhibit A in
opposition. Julie Fairman spoke and submitted Exhibit B in opposition.
Commission Action: Bailey moved to recommend the application for approval,
seconded by Spinuzzi.
Motion Failed: 2-5 (Boston, Castellucci, Salazar, Cawlfield, Bailey)
101 W Riverwalk I Pueblo, Colorado 810031 Tel: (719) 553-2259 Iwww.pueblo.us
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Z-26-12
August 12, 2026
TO:
City of Pueblo Planning and Zoning Commission
FROM:
Mikaylin Hackley, Senior Planner
THROUGH:
Beritt Odom, Director of Planning and Community Development
SUBJECT:
Rezone from a One- and Two -Family (R-3) Zone District to a Minor
Commercial Charter Neighborhood (CCN) Zone District
APPLICANT:
Brandi Adakai, Rocky Mountain SER
PROPERTY OWNER:
Christopher Hall, Rocky Mountain SER
LOCATION:
330 Lake Ave., Pueblo, CO 81004
CONCURRENT
N/A
REQUESTS:
REQUEST: Rezone 2.95 acres at 330 Lake Ave. from a One- and Two -Family Residential (R-3) Zone
District to a Minor Commercial Charter Neighborhood (CCN) Zone District.
BACKGROUND AND ANALYSIS:
The applicant is requesting to rezone 2.95 acres at 330 Lake Ave. from a One- and Two -Family (R-3) Zone
District to a Commercial Charter Neighborhood (CCN) Zone District. The proposed rezoning spans most of
Block 154 of the South Pueblo Subdivision, adjacent to Lake Ave., Madison St., E. Routt Ave., and E. Pitkin
Ave. The property was originally developed as Pueblo Catholic High School in 1950 and was purchased by
the applicant, Rocky Mountain SER, in 2006. They are currently operating their Empowerment Center
programming from the reused building with a wide variety of uses, some of which were permitted by a
Special Use Permit for a Charitable Institution as issued in August of 2021 (see attachments). That permit
allowed for the operation of a food bank as well as a commissary kitchen in partnership with the Pueblo Food
Project, but RMSER has since expanded its services to uses beyond their existing SUP that would not
otherwise be allowed in the current R-3 zone district. Thus, Planning staff recommended a rezoning into a
CCN zone district as allows for a wider range of the commercial uses RMSER wishes to pursue, some as
uses -by -right and some as uses -by review, while still retaining an appropriate zoning classification for the
largely residential neighborhood.
The Commercial Charter Neighborhood (CCN) district is unique from all other City zone districts as it has
two sub -classifications within the CCN category, Major and Minor. The distinction is determined by the
street classification level that the site is adjacent to, with the Major CCN district located along Major Arterial
roads and the Minor CCN district reserved for lower classifications like Minor Arterial, Collector, or Local
streets. The subject property is surrounded by right-of-way on all four of its boundaries; Lake Ave has the
highest classification, Minor Arterial, and the other three roads surrounding the property are classified as
local streets. Thus, the subject property would be subject to the CCN Minor standards should this rezoning be
approved,
Z-26-12
which is intended to provide for areas of commercial, office, and mixed -use development to serve the
surrounding neighborhood.
Many of the uses desired by RMSER that are not permissible under the current zone district are focused on
the gymnasium space as designed when the building was a school. The space has been recently utilized by
local theater and dance groups putting on small performances, which would fit under the definition of
"theater" in current code and would be a use -by -review in the CCN Minor district. There is also a pending
business license requesting permission for a Religious Institution to utilize the gymnasium space, which
would also be a use -by -review in the CCN Minor. The applicants also expressed interest in hosting benefit
events for their organization in the gym thus using it as a Banquet Hall, which is also a use -by -review. Each
of these uses by -review would have to be approved by the Zoning Board of Appeals, who have the power to
add reasonable conditions to their approval to protect the health, safety, and general welfare of the subject
property and surrounding area.
Additionally, RMSER has hosted a small, appointment -only nail salon business on the subject property as a
starter space for a small nail artist business. Beauty Salons are conditional uses in the CCN Minor district,
which means they are permissible so long as they remain minor in scale, defined in the code as limited to "no
more than two workstations." Also, the applicant also constructed a domed greenhouse structure on the
subject property in order to add a Community Garden to their services. Community Gardens are also
conditional uses in the CCN Minor district, contingent on a written application agreeing to uphold
Community Garden performance standards (see attachments). These conditional uses would be reviewed
administratively by staff should the rezoning be approved.
The current Regional Comprehensive Plan designates this area as an Urban Neighborhood, characterized by
uniform blocks, gridded streets, alleys, a mix of housing types, and a variety of services and amenities
available within the neighborhood or easily accessible nearby. Residential, commercial, and mixed -use
activities are typical within the Urban Neighborhood. For instance, the surrounding area is primarily
residential with schools, churches, a dance studio, bank, Taco Bell, and vet clinic within two blocks of the
subject property. Thus, the lower -intensity commercial uses allowed within the CCN Zone District are
appropriate within the Urban Neighborhood land use classification.
SITE CHARACTER AND COMPATIBILITY
Site Character: The site contains the existing school building structure, a greenhouse, and a
gravel parking lot.
Neighborhood North One- and Two -Family Residential (R-3): Single-family residences
Compatibility:
East Single -Family Residential (R-2): Single-family residences
One- and Two -Family Residential (R-3): Single-family residences
Multiple -Residential and Office (R-5): Vacant lot
South Single -Family Residential (R-2): Single-family residences, church
Multiple -Residential and Office (R-5): Multi -family residence
Government Use (S-1): School
Z-26-12
West Single -Family Residential (R-2): Single-family residences
One- and Two -Family Residential (R-3): Single-family residences
Multiple -Residential and Office (R-5): Single-family residences
Government Use (S-1): School
Comprehensive Plan The Comprehensive Plan designates this area as an Urban Neighborhood,
Compliance: characterized by uniform blocks, gridded streets, alleys, a mix of housing
types, and a variety of services and amenities available within the
neighborhood or easily accessible nearby. Residential, commercial, and
mixed -use activities are typical within the Urban Neighborhood. For instance,
the surrounding area is primarily residential with schools, churches, a dance
studio, bank, Taco Bell, and vet clinic within two blocks of the subject
property. Thus, the lower -intensity commercial uses allowed within the CCN
Zone District are appropriate within the Urban Neighborhood land use
classification.
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.
Z-26-12
CONTEXT OF ZONE DISTRICT REQUIREMENTS PER §17-4-51(a)(17) OF THE PMC:
CCN Zone District Standards:
Purpose. The standards of this Zone District (CCN) are designed to retain and conserve suitable areas for
commercial, office, and mixed -use development that primarily serve the residents of the surrounding
neighborhood. This type of development should enhance rather than detract from the primarily residential
character of the area and function as a continuous element of the pedestrian -oriented District.
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:
•
City Public Works
No comment
•
City Transportation
No comment
•
City Law Department
No comment
•
Southern Colorado 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
No comment
ATTACHMENTS:
A. Aerial Map
B. Zoning Map
C. Comprehensive Plan Map
D. Public Notice Photo
E. Rezoning Exhibit
F. Supporting Documents
Z-26-12
Z-26-12
D. Public Notice Photo
VIv
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E. Rezoning Exhibit & F. Supporting Documents
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Coal
Purpose of this Application:
❑ To permit development of the property not allowed under the existing zone district.
❑✓ To provide proper zone district in conjunction with the subdivision plan for the area.
❑ In conjunction with the Annexation petition to annex the property in a use different than the
existing Pueblo County Zoning.
LJ Other (specify):
Continued from previous page)
Statement of Facts:
Justifying the zone change request. Be specific; use additional sheets if necessary.
To comply with the current use of the building. RMSER uses the building s n Empowerment Center, which it hosts 2
lot of nonprofits and small businesses that serves the community. RMSER also rents out its gymnasium to various
groups and organizations.
Description of area surrounding ro osed development:
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.
A tentative site plan showing proposed structures, uses, open spaces, facilities for parking and
loading and arrangements for pedestrian and vehicular circulation.
Estimated date for beginning project:
Estimated date for completion of project:
A statement reasonably indicating the applicant's economic responsibility and capability of accomplishing
the development for which a zoning amendment is requested.
CD with DWF and DWG (Autocad) file of all plans and drawings & a PDF of all documents submitted.
if a licable
1. Authorized personnel from the City of Pueblo, are hereby granted the right to enter the subject property for the
purposes of reviewing and processing the application, including Certificate of Occupancy Inspections.
Application received by: Date:
Application checked for completeness by:
Date:
Case Manager:
Fee Paid:
Hearing date: ❑ Approved ❑ Denied ❑Approved w/ conditions
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Planning ommunity Development
21 1. Gast D Street: I Pueblo, Colorado 81.003 ( Tel 71.9-553-2259 1 Fax 71.9-553-2359 1 TTY 719-553-2F 11 1 wwww.pueblo.us.
2. There are no known hazards or vicious animals present on the subject property.
3. All information contained in this application, is true and accurate to the best of my knowledge.
4. The City of Pueblo is under no obligation to approve the request contained in this application. No promises of
approval are conveyed with the acceptance of this application.
Print Name:
Date:
Print Name:
Date:
7-29-20
Planning & Community Development
1111PUEBLO
colorado 101 W Riverwalk I Pueblo, Colorado 81003 I Tel 719-553-2259 I www.pueblo.us
Zone District: -3 (One and Two -Family Residential District)
Purpose. The standards of this district (R-3) are designed to retain and provide areas of higher density
development characterized by single-family and two-family dwelling unit structures.
Setbacks: Front 25' Side 5' Rear 15'
Coverage: 50%
Max. Height 35'
Minimum Lot Width: 50'
Minimum Lot Size: 4,000 Square Feet (*1)
(*1) Three (3) to five (5) family dwelling unit structures shall have one thousand five hundred (1,500) square
feet of lot area per dwelling unit.
(* 1) Six (6) or more family dwelling unit structures shall have a minimum of eight thousand (8,000) square feet
of lot area or one thousand (1,000) square feet per dwelling unit, whichever is greater, and shall provide at
least twenty percent (20%) of the parcel in landscaped open space.
Single Family Homes: § 17-4-11 Single family home placement standards
Off Street Parking § 17-4-42 Off-street parking residential.
Landscape: Not required
Outdoor Lighting § 17-4-52 Outdoor Lighting Performance Standards.
Public Sidewalks: § 17-4-44
Permitted Uses § 17-4-51(c)
Uses by right.
1. Accessory community garden
2. Accessory dwelling unit,
established
3. Home, Disabled
Uses by review.
1. Accessory pigeon and dove
keeping
2. Bed and breakfast home
3. Bed and breakfast inn
4. Charitable institution
5. Child care center
6. Commercial, established
7. Community center
4. Manufactured home, one- 7. Residence, townhouse
family 8. Residence, two-family
5. Residence, accessory dwelling (duplex)
unit (ADU)
6. Residence, one -family
8. Funeral home
9. Home, Children
10. Home, elderly
11. Home, elderly foster
12. Home, Foster
13. Parking lot
14. Parks, trails, and open space
15. Public utilities
16. Recreation facilities, indoor
17. Religious institution
18. Residence, multifamily
19. Wedding facility
Conditional uses:
1. Accessory medical marijuana 4. Community garden 8. Temporary construction yard
home cultivation 5. Development in floodplain 9. Temporary model home (sales
2. Accessory solar array 6. Home based business office)
3. Child care home 7. Legal non -conforming uses
Reviewed 2-13-26
.' .1
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Planning & Community Development
PUEBLO
p
1111
colorado 101 W Riverwalk I Pueblo, Colorado 81003 I Tel 719-553-2259 I www.pueblo.us
Zone District: CC (Commercial Charter Neighborhood District)
Purpose. The standards of the CCN District are designed to retain and conserve suitable areas for commercial,
office and mixed -use development that primarily serve the residents of the surrounding charter neighborhood.
This type of development should enhance rather than detract from the primarily residential character of the area
and function as a continuous element of the pedestrian -oriented CCN District.
Setbacks: Front 25' one & two family Side * Rear 15'**
0' all other uses
* a. Lot width of thirty-five (35) feet or fewer:
1. Side yard setbacks for one- and two-family residential units and their accessory structures on lots
thirty-five (35) feet or fewer in width shall be three (3) feet. Projections shall not extend to a point closer
than two (2) feet from the property line.
2. Other buildings: five (5) feet.
3. Two (2) one -family residences may be constructed on two (2) separate parcels, connected to each
other (zero setbacks) on one (1) side with a side yard setback of five (5) feet on the other side, provided
that the residences are built at the same time.
b. Side yard setbacks for lots greater than thirty-six (36) feet in width: five (5) feet.
* * Does not apply on the portion of the parcel adjacent to another parcel also in a business or Industrial zone. It
does apply when the portion of the parcel is adjacent to a residential or special zone (streets and alleys not
considered.).
Coverage:
Floor Area Ratio:
Max. Height
Minimum Lot Width
Minimum Lot Size:
Single Family:
100%
2
35'
25'
2,500 Square Feet
Performance standards: § 17-4-5(1)g.
Outdoor Lighting: § 17-4-52 Outdoor Lighting Performance Standards.
Off Street Parking: § 17-4-43 Off-street parking non-residential.
Landscape: Required. § 17-4-7
Public Sidewalks: § 17-4-44
Permitted Uses § 17-4-51(c)
Uses depend on the type of street along the front of the building containing the use.
Major Arterial
Reviewed 2-13-26
CCN 11-25-25 New address
Page 2 of 3
Uses by right.
1.
Accessory commissary
11.
Home, Disabled
22.
Residence, accessory dwelling
2.
Accessory community garden
12.
Instructional studio
unit (ADU)
3.
Accessory dwelling unit,
13.
Laundromat
23.
Residence, one -family
established
14.
Mixed Use
24.
Residence, two-family
4.
Art gallery
15.
Nursery
(duplex)
5.
Automobile rental
16.
Office, general
25.
Retail sales, auto parts
6.
Bakery, retail
17.
Office, medical
26.
Retail sales, garden center
7.
Bed and breakfast home
18.
Office, professional
27.
Retail sales, general
8.
Butcher shop
19.
Pet shop
28.
Temporary farmers market
9.
Farmers market
20.
Public utilities
29.
Theater, general
10.
General service
21.
Recreation facilities. indoor
Uses by review.
1.
Accessory drive-thru
19.
Contractor's shop
37.
Museum
2.
Accessory emergency
20.
Convent / Monastery
38.
Parking lot
generator
21.
Food and drink processing
39.
Parking structure
3.
Accessory heliport, emergency
facility, minor
40.
Parks, trails and open space
medical
22.
Food warehousing
41.
Recreation facilities, general
4.
Automobile dealership
23.
Funeral home
42.
Recreational vehicle, sales and
5.
Automobile repair, lube shop
24.
Gas station
service
6.
Banquet hall
25.
Health club
43.
Religious institution
7.
Bar, tavern
26.
Home, Children
44.
Residence, multifamily
8.
Bed and breakfast inn
27.
Home, elderly
45.
Restaurant, carry -out
9.
Boarding-house
28.
Home, elderly foster
46.
Retail sales, liquor store
10.
Brewpub
29.
Home, Foster
47.
School, preschool
11.
Car wash
30.
Homeless shelter
48.
Smoking lounge
12.
Catering service
31.
Hospital
49.
Storage facility, outdoor
13.
Charitable institution
32.
Hotel (Motel)
50.
Storage facility, self -storage
14.
Child care center
33.
Laundry service
51.
Student Housing
15.
Child care home
34.
Library
52.
Urgent care facility
16.
Civic club
35.
Massage establishment
53.
Veterinary clinic
17.
Commercial, established
36.
Mortuary
54.
Wedding facility
18.
Community center
Conditional uses:
1.
Accessory antenna
7.
Community garden
13.
Repair shop, consumer items
2.
Accessory commercial patio
8.
Development in floodplain
14.
Restaurant
3.
Accessory medical marijuana
9.
Home based business
15.
Temporary construction yard
home cultivation
10.
Live -work unit
16.
Mobile food unit
4.
Accessory solar array
11.
Pharmacy
17.
Temporary outdoor sales,
5.
Artist studio
12.
Photography studio
seasonal
6.
Beauty salon or barbershop
Minor Arterials, Collectors, Local Streets
CCN 11-25-25 New address
Page 3 of 3
Uses by right.
1. Accessory commissary
2. Accessory community garden
3. Accessory dwelling unit,
established
4. Art gallery
5. Bakery, retail
Uses by review.
1. Accessory drive-thru
2. Accessory emergency
generator
3. Accessory heliport, emergency
medical
4. Banquet hall
5. Bar, tavern
6. Bed and breakfast home
7. Bed and breakfast inn
8. Boarding-house
9. Brewpub
10. Butcher shop
11. Car wash
12. Catering service
13. Charitable institution
14. Child care center
15. Child care home
16. Civic club
17. Commercial, established
Conditional uses:
1. Accessory antenna
2. Accessory commercial patio
3. Accessory medical marijuana
home cultivation
4. Accessory solar array
5. Artist studio
6.
General service
7.
Home, Disabled
8.
Office, general
9.
Office, medical
10.
Office, professional
11.
Photouranhv Studio
18. Community center
19. Convent / Monastery
20. Farmers market
21. Food and drink processing
facility, minor
22. Food warehousing
23. Funeral home
24. Health club
25. Home, Children
26. Home, elderly
27. Home, elderly foster
28. Home, Foster
29. Homeless shelter
30. Hospital
31. Instructional studio
32. Laundromat
33. Laundry service
34. Massage establishment
35. Mortuary
6. Beauty salon or barbershop
7. Community garden
8. Development in floodplain
9. Home based business
10. Live -work unit
11. Pharmacy
12. Public utilities
13. Mixed Use
14. Residence, accessory dwelling
unit (ADU)
15. Residence, one -family
16. Residence. two-family (duplex
36. Museum
37. Nursery
38. Parking lot
39. Parks, trails and open space
40. Pet shop
41. Recreation facilities, indoor
42. Religious institution
43. Residence, multifamily
44. Restaurant, carry -out
45. Retail sales, garden center
46. Retail sales, general
47. School, preschool
48. Smoking lounge
49. Student Housing
50. Temporary farmers market
51. Theater, general
52. Urgent care facility
53. Wedding facility
12. Photography studio
13. Repair shop, consumer items
14. Restaurant
15. Temporary construction yard
16. Mobile food unit
17. Temporary outdoor sales,
seasonal
Zoning Board of Appeals ZBA-21-25 330 Lake Ave, Pueblo,
Diu ;af
Mike Castellucci t
Chair w-- I
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Steve Anselmo . `
Vice Chair
Zoning Board of Appeals
ZBA Case Number ZBA-21-25 Hearing Date 8/24/2021
Application Date 7/30/2021 Appeal Term End Date 9/24/2021
Renewal Term End Date ZBA-21-25
Lisa Bailey
Secretary
Yvonne Lujan-Slak
Georgia Way
Property Street 330 Lake Ave, Pueblo, CO 81004. Zone One and Two -Family Residential (R -
Address District 3) Zone District
Legal Description LOTS 3-12 + 17-28 BLK 154 SOUTH PUEBLO ALSO LOTS A -D RAGLES MESA SUB OF LOTS 13
16 OF BLK 154 IN COLORADO COAL + IRON COMPANYS ADDITION NO 1 + VACATED ALLE'
ADJ PER CITY ORDINANCE #1547 + 1562 FORMERLY #15-012-15-002 + 006 + 007 + 009
Owner Rocky Mountain S.E.R./Jobs for Applicant Christopher Hall
Progress, Inc
Address 3555 Pecos St, Denver CO 80211 Address 3555 Pecos St, Denver CO 80211
Telephone (303) 928-4129 Telephone (720) 339-8826
E-mail E-mail chall@rmser.org
Project Description: Special Use Permit to allow a Charitable Institution in a One and Two -
Family Residential (R-3) Zone District.
Scott Hobson
Administrative Official
Decision Date: 8/24/2021
EJApproved
Approved with Attached Conditions
Denied
Your application to the City of Pueblo Zoning Board of Appeals has been CONDITIONALLY APPROVED. To
maintain your permit in good standing, the Planning and Community Development Department requires proof
of compliance with the conditions imposed. An annual renewal of a Special Use Permit must be approved by
the Administrative Official within one year of the hearing date.
Page 1
Zoning Board of Appeals ZBA-21-25 330 Lake Ave, Pueblo,
If you wish to appeal this decision, you may seek review by a court of record of such decision in a manner provided
by Rule 106 of the Colorado Rules of Civil Procedure. The appeal must be sought within 30 days after the decision
of the Zoning Board of Appeals.
REQUEST FOR COMPLIANCE BY ZONING BOARD OF APPEALS
Failure to timely comply with all conditions required with the permit will be grounds for immediate revocation of
the permit. If the permit is revoked, and the property is used in a way that violates the City of Pueblo land use code
(Title 17 Zoning), then there is a risk of citation by code enforcement. You may submit photographs, licenses,
permits, and other documentation to confirm compliance with the conditions.
STAFF CONDITIONS
1. This facility shall not be used for housing any persons overnight. The definition of a charitable institution as
outlined in Sect 17-2-2(32) states, "Charitable institution means an organization which performs benevolent
actions for the needy with no expectation of material reward. It shall include the lands and buildings used
for offices and public facilities of such a charitable institution, but specifically excludes such facilities as
homeless shelters, shelters for animals and other related facilities."
2. Remove all barbed wire fencing on site pursuant to Sect 11-1-405(b)(5) which states barbed wire fencing is
deemed to be detrimental to the health or safety of the inhabitants of this City and is considered a nuisance.
3. Limit the hours of operation to mitigate potential negative externalities tied to traffic and noise. Staff
suggests the hours be limited to 7:00 a.m. to 8:00 p.m.
STANDARD PERMIT CONDITIONS
1 Time Limits: Zoning permit shall become invalid unless work or action authorized by permit is fully executed by:
ZBA-21-25
2 Required Revisions: Any revisions or additions to plans required as a result of approval must be submitted and
stamped "approved" prior to the sign -off of the building permit routing slip or business license.
3 Changes: The project shall be completed as shown on the plans, which have been stamped "approved" and dated
by the Department of Planning and Community Development. The project shall not deviate from the approved plans
without prior written approval from the Department of Planning and Community Development.
4 Property Inspection: By acceptance of this permit, Permit holder authorizes City Officials and/or their authorized
representatives, access to the subject property for purpose of observing work in progress, inspecting and/or
measuring the property or improvements as long as the use authorized by this permit remains in effect.
5 Certificate of Occupancy: A certificate of occupancy must be issued by Regional Building
PRIOR to use and/or occupancy of the subject premises. Prior to issuance, the Department of Planning and Community
Development must certify that work has been completed in accordance with approved plans and that applicable
conditions have been met. The Permit holder may be required to provide a Letter of Credit to obtain a Certificate of
Occupancy prior to completion of all required improvements.
6 Completion and Maintenance of Improvements and Landscaping: Permit holder or successor in interest is
responsible for completing all improvements shown on approved plans. By acceptance of this permit, Permit holder
agrees to maintain all improvements in a satisfactory condition. Any landscaping installed according to the approved
plan which becomes diseased or dies shall be replaced by similar species and size no later than the first available
planting season.
Page 2
Zoning Board of Appeals ZBA-21-25 330 Lake Ave, Pueblo,
7 Building Permit; Other Permits: Permit holder is solely responsible for obtaining BUILDING PERMIT and all other
applicable local, state and federal permits.
8 Off -Site Drainage: Issuance of this permit does not authorize the discharge of stormwater runoff or other surface
drainage from the subject premises onto adjoining property or properties.
9 Appeals of a decision of the Land Use Administrator can occur up to thirty (30) days following such decision. Appeals
of Zoning Board of Appeals decisions can occur up to thirty (30) days following final decision. Any work done in
connection with this permit prior to the expiration of all applicable appeal periods is done SOLELY at the risk of the
Permit holder.
10 Errors: Permit holder is solely responsible for the accuracy of all information contained in the Zoning Permit form
and in accompanying documentation. Any errors contained therein may invalidate the Zoning Permit and may result
in issuance of a code violation citation and prosecution.
11 Transfer of Ownership: In the event of a transfer of ownership, partial or whole, of the subject premises, the
transferee shall become Permit holder and subject to compliance with the terms and conditions of this permit.
12 Violations/Penalties: A violation of any of the conditions of this permit or of any provision
of the Pueblo Municipal Code may result in a penalty of up to three hundred dollars ($300) per day.
13 Incorporation and Reference of All Plans Presented to the Zoning Board of Appeals: This approval incorporates
by reference all plans and drawings presented and all verbal representations by the applicant at Zoning Board of
Appeals meetings and hearings on the subject application to the extent that they are not in conflict with other stated
conditions or regulations.
Page 3
Planning & Community Development
101 W Riverwalk I Pueblo, Colorado 81003 1 Tel 719-553-2259 1 www.pueblo.us
Community Garden Permit Application
Date Submitted:
Applicant: Property Owner: (if different from applicant)
Name:
Name:
Address:
Company:
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Zip:
Address:
Zip:
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Phone:
Phone:
Fax:
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Email:
Email:
Property Address:
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Legal Description:
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Lot Size:
Zone:
General Information
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The intent of this section is to provide regulatory authorization for community gardens and
5
establish guidelines so that their development may remain harmonious with surrounding
14
properties.
Please provide proof of ownership or signature from property owner.
C.)
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p,
Signature of Property Owner Date
Please attach a brief operating plan for the garden. The operating plan shall include
the following regulations.
❑ Hours of operation (mandatory)
❑ Codes of conduct/garden guidelines
❑ Provide a simple plot plan showing location of any existing or proposed amenities
(shed, pergola, outdoor lighting). Please include location of any residential
structures on adjacent lots.
Please initial that you understand the following rules governing community gardens.
❑ Community gardens must be maintained in a clean and neat manner, and kept free of
trash, weeds and residual clippings, year round, including seasons or years when the
garden is fallow.
❑ The hours of operation. Community gardens shall only be open and active during the
hours of 7:00 a.m. to 9:00 p.m.
❑ Compost must be kept at least 20' away from adjacent single-family residential homes.
❑ Incidental sales of harvested goods or plants are prohibited on -site, unless otherwise
lawfully permitted in the Zone District where the community garden is located.
❑ By applying, applicant will provide access for city staff to inspect the community garden
property for compliance with Pueblo Municipal Code Section 17-4-13.
Please allow 48 hours for application approval.
Signature of Applicant Date
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CASE NUMBER Z-26-12
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 330 Lake 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.
7-28-26 Mailed by Carol
(Date)
PUEBLO PLANNING & ZONING COMMISSION
By
k -en EGgin
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 330 Lake Ave, upon which action is
pending as set forth in the Code of Ordinances, Section 17-6-2.
Juy 30, 2 026
(Date)
PUEBLO PLANNING & ZONING COMMISSION
By
Owner
OwnerStree
OwnerCity OwnerStat OwnerZip
415 E ROUTT LLC
5220 LANAGAN ST
COLORADCCO
80919-355!
ACOSTA ADRIAN
1115 1/2 CEDAR ST
PUEBLO
CO
81004-291
ALDERSON PATRICIA
309 MADISON ST
PUEBLO
CO
81004-233:
AMP LLC
705 HUNTER DR
PUEBLO
CO
81001
CAPRITTA BRET
232 MADISON ST
PUEBLO
CO
81004-233:
CARRERA HENRY
219 LAKE AVE
PUEBLO
CO
81004-232;
CARTER CODY/CARTER ANGELA
402 MADISON ST
PUEBLO
CO
81004-233(
CASH RONALD
1610 N BOWEN DR
PUEBLO W CO
81007-341
CENTRAL HISTORIC INVESTMENTS LLC
48 BANTALA PL
CASTLE RO, CO
80108-900(
CHARTRAND HANNAH R/TRIGO JASON MICHAEL 331 LAKE AVE
PUEBLO
CO
81004-232
CHEROKEE INVESTMENTS OF PUEBLO LLC
2425 NATURE CENTER RD
PUEBLO
CO
81003
CORBETT JUSTINE E
319 LAKE AVE
PUEBLO
CO
81004-232
DIAZ ANTHONY L
316 MADISON ST
PUEBLO
CO
81004-2331
DUNPHY MEGHAN P
511 E PITKIN AVE
PUEBLO
CO
81004-234(
ESTES DAVID P
305 LAKE AVE
PUEBLO
CO
81004-232
FAIRMAN JULIE A
411 E ROUTT AVE
PUEBLO
CO
81004-235(
FRAME JACOB L
411 E ESPANOLA ST
COLORADCCO
80907-764;
GALLETTI DENNIS
323 W 2ND ST
FLORENCE
CO
81226-140`
GARCIA STEPHANIE
410 E ROUTT AVE
PUEBLO
CO
81004-235:
GILLIAM DANIELLE MICHELLE
511 E ROUTT AVE
PUEBLO
CO
81004-235:
GOMEZ MENDEZ LAUREN
44080 W PALO TECA RD
MARICOPAAZ
85138-360(
HEAD MICHAEL C
404 MADISON ST
PUEBLO
CO
81004-233(
HENDRICKS ROSALIE E
221 MADISON ST
PUEBLO
CO
81004-233:
HENDRICKSON CARLA
408 E ROUTT AVE
PUEBLO
CO
81004-235:
HILLCREST ENTERPRISES LLC
337 E 60 N
LINDON
UT
84042-204:
HOLUBEK WILLIAM J II
3406 PTARMIGAN LN
PUEBLO
CO
81005-403:
IPLANGROUP AGENT OF CUSTODIAN FBO CHAR128011 CLEMENS RD STE B
WESTLAKE OH
44145-113
KUMMERFELDT MARK
503 E ROUTT AVE
PUEBLO
CO
81004-235:
LEYBA JOSEPH RICKY
314 MADISON ST
PUEBLO
CO
81004-2331
LOZANO LOPEZ VICTOR M/MATHEWS KRISTINA 311 LAKE AVE
PUEBLO
CO
81004-232
LUTES ROBERT B
315 LAKE AVE
PUEBLO
CO
81004-232
MATAMOROS CHRISTINA B
301 MADISON ST
PUEBLO
CO
81004-233:
MEDINA ERIC S/MEDINA REBECCA J
309 LAKE AVE
PUEBLO
CO
81004-232
MEIER KENT/MEIER PAM
5449 KESTREL CT
PUEBLO
CO
81005-554:
NDTCO AS CUSTODIAN FBO MICHAEL P O"DELL 1070 CETNURY DR
LOUISVILLE CO
80027
OLIVAS ANTHONY
230 MADISON ST
PUEBLO
CO
81004-233:
PACHAK AMBER RAE/ PACHAK JOAN PATRICE
320 MADISON ST
PUEBLO
CO
81004-2331
PARGA PROPERTIES LLC
407 STARLITE DR
PUEBLO
CO
81005-268`
ROCKY MOUTAIN SE R JOBS FOR PROGRESS INC
3555 PECOS ST
DENVER
CO
80211-305;
ROMERO PHILLIPS MARLENE L
44 C -BAR TRL
PENROSE
CO
81240-9061
ROUTT AVE LLC
125 W B ST
PUEBLO
CO
81003-340(
SAS LIMITED
705 HUNTER DR
PUEBLO
CO
81001
SCHOOL DIST NO 60
315 W 11TH ST
PUEBLO
CO
81003-2801
SIEPKER CARL F
317 LAKE AVE
PUEBLO
CO
81004-232
TRUXELL ROGER
5670 W STATE HIGHWAY 96
PUEBLO
CO
81005-970:
WALSH KELLI
6 CHAUTARD CT
PUEBLO
CO
81005-261:
WODIUK JILL A/WODIUK JOSEPH P TRUST
YENGICH MARY K
YOUNG TANNER D
5412 STONEMOOR DR
2041 E EVANS AVE
225 MADISON ST
PUEBLO CO
PUEBLO CO
PUEBLO CO
81005-971:
81004-373;
81004-233:
B
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