ZBA City of Pueblo Zoning Board of Appeals Valerie A. Sherman, Planner Scott Hobson, Land Use Administrative Official

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1 ZBA TO: FROM: THROUGH: City of Pueblo Zoning Board of Appeals Valerie A. Sherman, Planner Scott Hobson, Land Use Administrative Official DATE: February 27, 2018 SUBJECT: A Variance to reduce landscape performance standards for a hotel parking lot. LOCATION: 150 South Santa Fe Avenue, Pueblo CO Lot 1, Gruma Subdivision, Formerly # , Parcel ID: ; Lot 1, Amin Santa Fe Subdivision, Formerly # , Parcel ID: ; Lot 2, Amin Santa Fe Subdivision, Formerly # , Parcel ID: (Attachments A: Location Map and B: Site Map). APPLICANT: Laurie E. Clark, P.E., Clark Engineering, LLC 6821 Highway 78 West, CO PROPERTY OWNER: ZONE DISTRICT: CONCURRENT REQUESTS: AVKE, Inc.-Avik Amin, 4308 St. Andrews Drive, Pueblo, CO Central Business (B-4 zone) district P&Z Case S-18-01: Proposed Townplace Suites Subdivision: A resubdivision of Lot 1, Gruma Subdivision, and Lots 1 and 2, Amin-Santa Fe Subdivision, into one single lot. P&Z hearing scheduled for March 14, BACKGROUND: The applicant, Laurie Clark of Clark Engineering, LLC, requests permission to reduce the Landscape performance standards for a hotel parking lot. The applicant is requesting two (2) waivers from the requirements contained in Article I, Chapter 4, Schedule of District Regulations, Title XVII of the Pueblo Municipal Code. (1) Article (b)(3) a. 1., Landscape setback area shall be at least ten (10) feet wide¹; (2) Article (b)(3) b.1., Internal landscape islands within the row of parking spaces so that there are no more than ten (10) to fifteen (15) consecutive parking spaces without a landscape island². The Zoning Board of Appeals may approve these waivers if the goals of the landscape requirements would be better served. The waiver requests are discussed in detail below:

2 Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 2 (1) Landscape setback area shall be at least ten (10) feet wide¹. Comments: The applicant requests permission to reduce the required ten (10) foot street right-ofway landscape setback adjacent to Interstate 25, by three (3) inches. The property at 150 South Santa Fe Avenue which currently has an existing 105 room hotel, will be re-subdivided from three lots into one single lot, to allow for the construction of a new 72 room hotel building on the southwest corner of the new lot. The existing parking lot is concrete and the curb, as originally installed, was not constructed straight and encroaches three inches into the required ten-foot setback, mainly at the south end. The north end of the setback also narrows due to a bend in the property line. The applicant stated that the city approved the narrowing at the north end before it was constructed. The owner submitted a request for a revocable permit to use the right-of-way along Hector Garcia Place for needed additional parking, and according to the applicant, to correct the ten-foot setback at the north end, four parking spaces will be lost, which would defeat the purpose for adding additional parking through a revocable permit. The applicant also stated that this would create a hardship for the property owner and the existing landscape and irrigation system would also be compromised. (2) Internal landscape islands within the row of parking spaces so that there are no more than ten (10) to fifteen (15) consecutive parking spaces without a landscape island². Comments: The applicant requests permission to eliminate three (3) internal landscape parking islands for the following locations on the property: 1. The 29 spaces adjacent to the east property line, below the I25 embankment. 2. The 16 spaces at the rear of the existing hotel. 3. The 22 spaces adjacent to the existing 10-foot parking lot buffer, on the southwest side of the property. The existing hotel parking lot was constructed in 2009, before the adoption of the current code, which requires adding internal parking islands at a maximum of 15 spaces. As the applicant stated, parking is at premium on the property, and again, the request for a revocable permit for eleven additional parking spaces would meet the minimum number of combined parking spaces required for the project. Adding the three landscape parking islands would reduce the available parking spaces by three which would defeat the purpose of the revocable permit, and the minimum parking requirements would not be met. The applicant stated that the elimination of the three required landscape islands would not reduce the required amount of landscaping or negatively affect the aesthetics of the property. In fact, the prosed subdivision will more than double the existing 10-foot wide landscape buffer along Gruma Drive. ¹ (b)(3)a.1. Landscape setback area. ² (b)(3)b.1. Parking lot.

3 Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 3 The reduction of three (3) inches in the required ten (10) foot street right-of-way landscape setback adjacent to Interstate 25, and the elimination of the three parking islands will not reduce the overall landscape performance standards on the site property (The property site currently has the required amount of landscaping per city code). ZONING DISTRICT AND LAND USE: The site is entirely zoned for Central Business (B-4) (Attachment C) and is intended to provide areas for the location of business and other central services required by the region at large. The site is bounded to the nearest cross streets of Hector Garcia Place to the north, South Santa Fe Avenue to the west, Gruma Drive to the south, and Interstate 25 to the east. The hotel property is surrounded by established commercial businesses. COMPREHENSIVE PLAN: The Pueblo Regional Comprehensive Development Plan Urban Area Plan Map depicts a Special Development Area throughout the B-4 zoned area (See Attachment D). Special Development Areas are where there appears to be multiple possibilities for development as well as significant care to be taken with the development. Most of these areas will be developed through Master Development Plans created either by the developer or in cases of publicly owned land, the City and the County. PUBLIC NOTICE: The property was publicly noticed in accordance with the Pueblo Municipal Code. 1 Specifically, the hearing was published in the Pueblo Chieftain, surrounding property owners within 100 feet of the property were noticed by mailed, and a sign was placed on the site (Attachment E). These notices occurred at least 10 days prior to the hearing. OTHER AGENCIES: There are no comments regarding Code Compliance and Law Enforcement, City Engineering, Fire Protection, Floodplain, Air Quality, Health, Parks and Recreation, nor Utilities including Wastewater, Water Works, Energy, and Telecommunications. FINDINGS OF FACT FOR VARIANCE REQUIREMENTS: 1. The variance will not: reduce the required light and air to adjacent properties; constitute a nuisance to the properties within one hundred (100) feet of the property for which the variance is requested; or substantially reduce the monetary value of properties within one hundred (100) feet of the property for which the variance is requested. Comments: Affirmative finding.

4 Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 4 2. The variance will not affect general planning of the City with respect to land use and the location of streets and highways will not be jeopardized. Comments: Affirmative finding. 3. Strict adherence to this Title would not secure appropriate development of the property for which the variance is requested. Comments: Affirmative finding. 4. The property for which the variance is requested suffers a unique or singular disadvantage, not common to other property in the district, through the operation of this Title. Comments: Affirmative finding. PLANNING AND COMMUNITY DEVELOPMENT STAFF RECOMMENDATION: Staff recommends APPROVAL of the application with the following staff conditions and standard permit conditions 1 through 13. STAFF CONDITIONS: 1. Variance is contingent on the approval of the proposed Townplace Suites re-subdivision. 1. Install parking per the plan proposal, which would fulfill the intent of off-street parking Requirements³. 2. Comply with any additional stormwater requirements 3. If signs are planned, in accordance with sign standards, ⁴ ensure conformance with regulations by providing a site plan and building elevations indicating locations of signs, including illustration of design and dimensions. Please be advised of prohibited signs. STANDARD PERMIT CONDITIONS: Date of issuance of permit: February 27, Time Limits: Zoning permit shall become invalid unless work or action authorized by permit is fully executed by February 27, 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 Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 5 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. 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. ³ Off-street parking nonresidential, & Off-street parking general requirements.. ⁴ Pueblo Sign Code, particularly prohibited signs -07(13).

6 ATTACHMENTS: Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 6 A. Location Map B. Site Map C. Zoning Map D. Comprehensive Plan Map E. Public Notice Photo F. Site Photographs G. Application

7 Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 7 ( A ) LOCATION MAP ( B ) SITE MAP

8 Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 8 ( C ) ZONING MAP ( D ) COMPREHENSIVE PLAN MAP

9 Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 9 ( E ) PUBLIC NOTICE POSTER ( F ) SITE PHOTOGRAPHS

10 Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 10 ( F ) SITE PHOTOGRAPHS ( F ) SITE PHOTOGRAPHS

11 Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 11 ( F ) SITE PHOTOGRAPHS ( F ) SITE PHOTOGRAPHS

12 Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 12 ( F ) SITE PHOTOGRAPHS ( F ) SITE PHOTOGRAPHS

13 Zoning Board of Appeals ZBA South Santa Fe Avenue PAGE 13 AERIAL PHOTO OF AREA SURROUNDING SITE

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19 VARIANCE LEGEND AS CONSTRUCTED, 10 FT LANDSCAPE BUFFER ADJACENT TO S. I25 R-O-W VARIES FROM 10.0' TO 9.74'. NORTH END REDUCES TO 3.76', PER APPROVED DESIGN FOR AMIN-SANTA FE SUBDIVISION. REQUEST VARIANCE TO SEC (b)(3)a.1. TO THE REQUIRED 10' BUFFER, TO ACCEPT BUFFER AS CONSTRUCTED. AS CONSTRUCTED, 29 ADJACENT STANDARD PARKING SPACES, PER APPROVED DESIGN FOR AMIN-SANTA FE SUBDIVISION. REQUEST VARIANCE TO SEC (b)(3)b.1. TO NOT REQUIRE INSTALLATION OF INTERNAL LANDSCAPE ISLAND TO MEET CURRENT CODE REQUIREMENT FOR INTERNAL ISLAND EVERY SPACES. AS CONSTRUCTED, 16 ADJACENT STANDARD PARKING SPACES, PER APPROVED DESIGN FOR AMIN-SANTA FE SUBDIVISION. REQUEST VARIANCE TO SEC (b)(3)b.1. TO NOT REQUIRE INSTALLATION OF INTERNAL LANDSCAPE ISLAND TO MEET CURRENT CODE REQUIREMENT FOR INTERNAL ISLAND EVERY SPACES. AS CONSTRUCTED, 22 ADJACENT STANDARD PARKING SPACES, PER APPROVED DESIGN FOR AMIN-SANTA FE SUBDIVISION. REQUEST VARIANCE TO SEC (b)(3)b.1. TO NOT REQUIRE INSTALLATION OF INTERNAL LANDSCAPE ISLAND TO MEET CURRENT CODE REQUIREMENT FOR INTERNAL ISLAND EVERY SPACES.

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