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HomeMy WebLinkAbout08345ORDINANCE NO. 8345 AN ORDINANCE CHANGING ZONING RESTRICTIONS FOR AN UNSUBDIVIDED 0.08-ACRE PARCEL OF LAND, GENERALLY LOCATED EAST OF 1201 PASEO DEL NORTE FROM R-2, SINGLE FAMILY RESIDENTIAL DISTRICT TO O-1, NEIGHBORHOOD OFFICE DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering an 0.08-acre parcel of land located east of 1201 Paseo Del Norte be changed from R-2, Single Family Residential District to O-1, Neighborhood Office District, and upon passage of this Ordinance, zoning restrictions affecting O-1, Neighborhood Office District, shall apply to said property as follows: A parcel of land located within the East half of the Northwest one-quarter th of Section 13, Township 20 South, Range 65 West of the 6 Principal Meridian, County of Pueblo State of Colorado, being more particularly described as follows: Beginning at a point at the Southeast corner of Lot 1, Block 1, Rancho Del Sol Seventh Filing, as recorded in book 2970, at Page 776, County of Pueblo records; thence along the East line of Lot 1 and Lot 2, Block 1, Rancho Del Sol Seventh Filing, N 00˚ 11’ 27” E, a distance of 84.06 feet; thence departing said East line and along the Southerly and Westerly line of Lot 1, Block 5, College Road Shopping Center Subdivision, as recorded at Reception No. 398836. County of Pueblo records, S 89˚ 41’ 03” E, a distance of 40.00 feet; thence, S 00˚ 11’ 27” W, a distance of 84.00 feet, to a point on the Northerly right of way line of Fortino Boulevard; thence S  00 13’30” E, a distance of 40.00 feet, to the centerline of the right of way of Fortino Boulevard, thence along said centerline, S 89˚ 46’ 30” E, a  distance of 40.00 feet, thence N00 13’30” W, a distance of 40.00 feet, to the northerly right of way line of Fortino Boulevard and the Point of Beginning of this description. SECTION 2. This rezoning is approved with the following conditions: 1. Provide a landscaping plan that conforms with Section 17-4-7 of the Pueblo Municipal Code, prior to recording of the Subdivision, Vacation or Zoning Map Amendment. 2. The site does not meet the requirements for a zone change on its own, therefore, the rezoning cannot proceed independently without the subdivision. In the event the subdivision is not approved or recorded, the rezoning will be considered null and void and will immediately revert back to the R-2 Zone District. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: April 11, 2011 BY: Larry Atencio COUNCILPERSON PASSED AND APPROVED: April 25, 2011 _ Background Paper for Proposed ORDINANCE # R-10 DATE: APRIL 11, 2011 AGENDA ITEM DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE CHANGING ZONING RESTRICTIONS FOR AN UNSUBDIVIDED 0.08- ACRE PARCEL OF LAND, GENERALLY LOCATED EAST OF 1201 PASEO DEL NORTE FROM R-2, SINGLE FAMILY RESIDENTIAL DISTRICT TO O-1, NEIGHBORHOOD OFFICE DISTRICT ISSUE Shall City Council approve a request to rezone the property from R-2, Single Family Residential District to O-1, Neighborhood Office District? RECOMMENDATION The Planning and Zoning Commission, at their March 9, 2011 Regular Meeting voted 6-0 to recommend approval, with the following conditions: 1. Provide a landscaping plan that conforms with Section 17-4-7 of the Pueblo Municipal Code, prior to recording of the Subdivision, Vacation or Zoning Map Amendment. 2. The site does not meet the requirements for a zone change on its own, therefore, the rezoning cannot proceed independently without the subdivision. In the event the subdivision is not approved or recorded, the rezoning will be considered null and void and will immediately revert back to the R-2 Zone District. BACKGROUND The applicant is requesting to rezone an unsubdivided parcel of land to O-1, Neighborhood Office District to facilitate expansion of the commercial development on the site. The site is currently zoned R-2, Single Family Residential and has been since 1968. This property appears to have been a portion of a 40’ wide strip of land that ran from Highway 50 to just past Fortino Blvd. Most of the strip of land has been included in other subdivisions. With a 40’ wide frontage along Fortino Boulevard and 3,360 square feet lot area, this property is not of sufficient size to comply any of the minimum zone district requirements, therefore eliminating the possibility of a rezoning action, independent of adjoining properties. If the property were to be developed it would have to do so as the current R-2 Zone District; which is not the best use of the property given the surrounding uses along Fortino Boulevard. The rezoning will clean up the multi-zoned property mitigating possible land use issues in the future, making the subdivision of the three properties a cleaner action. FINANCIAL IMPACT None.