Loading...
HomeMy WebLinkAbout10138RESOLUTION NO. 10138 A RESOLUTION MAKING AND ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -3 TO B -1 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 3821 WEST PUEBLO BOULEVARD WHEREAS, the City Council after public hearing on May 25, 2004 voted not to approve and did not pass on final presentation An Ordinance Changing Zoning Restrictions From R -3 to B -1 Covering a Parcel of Land Commonly known as 3821 West Pueblo Boulevard (the "Rezoning Ordinance "), and WHEREAS, the findings of fact and conclusions of law hereinafter set forth relating to the Rezoning Ordinance are hereby adopted, approved, confirmed and ratified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The City Council does hereby take administrative notice of the following: (a) Sections 17 -4- 51(5), (9.2) and (10) of the Pueblo Municipal Code relating to one and two - family residential district (R -3), neighborhood office district (0-1) and neighborhood business district (B -1), respectively; and (b) Pueblo's Comprehensive Plan -2003 and Urban Residential area as therein described. SECTION 2 The City Council hereby finds and determines: (a) Lots 9 and 10, Block 51, Highland Park 14th Filing, Pueblo County, Colorado, street address 3821 West Pueblo Boulevard, Pueblo, Colorado, the property sought to be rezoned (the "Property ") is currently zoned R -3, One and Two - Family Residential District. The Property is located at the edge of an established predominantly single - family residential area. (b) All properties immediately adjacent to the Property are zoned R -2, Single Family Residential and occupied as single family residences. (c) Historically, the Property was used as office space for the Red Cross and had very minor impact on the adjoining residences. (d) The zone district requested is B -1, Neighborhood Business District ( "B -1 District "). Uses by right within such zone district include, without limitation, laundry and dry cleaning (self - service), service station, and car wash (self - service only). (e) The Property is located in an Urban Residential area as defined in Pueblo's Comprehensive Plan -2003, which allows, where appropriate, neighborhood scale commercial services to be created to provide the necessary day -to -day needs of residents within walking distance. (f) The recent rezoning of land southwest of the Property to B -1 District provides sufficient commercial space to serve the retail needs of the neighborhood. (g) Uses permitted in a B -1 District would increase the number and frequency of visits to the Property and hours of operation for such uses would be allowed twenty -four (24) hours a day. .qFrTIr)N The City Council does hereby further find and conclude: (a) The Property is not an appropriate location for uses permitted in a B -1 District. (b) The proposed zone change to B -1 District does not comply with or further the goals and objectives of Pueblo's Comprehensive Plan -2003. (c) The proposed zone change to B -1 District is incompatible with existing and surrounding land uses. SECTION 4 This Resolution shall become effective upon final passage and approval. INTRODUCED June 14, 2004 x2aluo t !C / D D 0 ED illo 144NEW e Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: June 14, 2004 DEPARTMENT: Law Department TITLE A RESOLUTION MAKING AND ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -3 TO B -1 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 3821 WEST PUEBLO BOULEVARD ISSUE Should City Council make and adopt findings of fact and conclusions of law relating to An Ordinance Changing Zoning Restrictions from R -3 to B -1 Covering a Parcel of Land Commonly Known as 3821 West Pueblo Boulevard ( "Rezoning Ordinance "). RECOMMENDATION Make and adopt the findings of fact and conclusions of law. BACKGROUND On May 24, 2004 City Council voted not to approve and did not pass on final presentation the Rezoning Ordinance. The Resolution makes and adopts certain findings of fact and conclusions of law based upon the May 24, 2004 public hearing on the Rezoning Ordinance. FINANCIAL IMPACT None.