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HomeMy WebLinkAbout08987 City Clerk’s Office Item # R-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: March 28, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Planning and Community Development SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR PROPERTIES LOCATED WITHIN LAND COMMONLY KNOWN AS 3103 THROUGH 3131 NORTH ELIZABETH STREET FROM R-6, MULTIPLE- RESIDENTIAL AND COMMERCIAL DISTRICT, R-7, MOBILE HOME RESIDENTIAL DISTICT, B-3, HIGHWAY AND ARTERIAL BUSINESS DISTRICT, AND B-4, CENTRAL BUSINESS DISTRICT TO R-7, MOBILE HOME RESIDENTIAL DISTRICT AND B-3, HIGHWAY AND ARTERIAL BUSINESS DISTRICT SUMMARY: The applicant is requesting to rezone the property commonly known as 3103 through 3131 N. Elizabeth Street from R-6 and R-7 to R-7, Mobile Home Residential and B-3, Highway and Arterial Business District. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located at 3103 through 3131 N. Elizabeth Street. The property is one parcel, but has several different zones and several different uses. Historically, the northeastern portion of the property has been used for auto and RV sales; which does not comply with the uses allowed in that Zone District. The eastern portion of the property is currently used as a mobile home park; however, a portion of the mobile home park is located in the B-3 portion of the lot. Also, the property to the southeast is currently being used for a drop off station for a thrift store. The applicant is requesting to rezone the property so that the zoning matches how the property is currently being used. First, the applicant is proposing to rezone the northeast portion of the property to allow retail sales in the area that is currently zoned R-6. Then, the applicant is proposing to rezone the western portion of the property so the entire mobile home park is zoned R-7. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their March 9, 2016 Regular Meeting, voted 5- 0 to recommend approval with Commissioners Lujan-Slak and Lucas absent. 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 current zoning would remain. 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: Minutes of the Planning and Zoning Commission March 9, 2016 Public Hearing Planning and Zoning Commission Staff Report with Exhibits ORDINANCE NO. 8987 AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR PROPERTIES LOCATED WITHIN LAND COMMONLY KNOWN AS 3103 THROUGH 3131 NORTH ELIZABETH STREET FROM R-6, MULTIPLE-RESIDENTIAL AND COMMERCIAL DISTRICT, R-7, MOBILE HOME RESIDENTIAL DISTICT, B-3, HIGHWAY AND ARTERIAL BUSINESS DISTRICT, AND B-4, CENTRAL BUSINESS DISTRICT TO R-7, MOBILE HOME RESIDENTIAL DISTRICT AND B-3, HIGHWAY AND ARTERIAL BUSINESS DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described property located within land commonly known as 3103 through 3131 North Elizabeth Street are hereby changed from B-3, Highway and Arterial Business District and R-6, Multiple-Residential and Commercial District to B-3, Highway and Arterial Business District, A PORTION OF TRACTS 9, 10, 12 AND 13, EVANS SUBDIVISION, AS RECORDED IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER AT RECEPTION NO. 773536, COUNTY OF PUEBLO, STATE OF COLORADO, AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT 10 OF SAID EVANS SUBDIVISION; THENCE N00°00'06"E ON THE WESTERN LINE OF TRACT 10 AND 9, A DISTANCE OF 316.34 FEET TO THE SOUTH LINE OF THE NORTH 16.00 FEET OF SAID TRACT 9; THENCE N89°46'19"E A DISTANCE OF 505.80 FEET TO A POINT 100.00 FEET WEST OF THE WESTERLY RIGHT OF WAY OF ELIZABETH STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N89°46'19"E ON SAID SOUTH LINE OF THE NORTH 16.00 FEET OF TRACT 9, A DISTANCE OF 100.03 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ELIZABETH STREET; THENCE CONTINUING N89°46'19"E A DISTANCE OF 50.01 FEET TO THE CENTER OF THE 100.00 FOOT WIDE RIGHT OF WAY OF ELIZABETH STREET; THENCE S01°06'02"W ON THE CENTER OF SAID RIGHT OF WAY, A DISTANCE OF 319.01 FEET TO THE SOUTHERN LINE OF TRACT 10 EXTENDED; THENCE N90°00'00"W A DISTANCE OF 50.01 TO THE SOUTHEAST CORNER OF TRACT 10; THENCE CONTINUING N90°00’00"W, ON THE SOUTH LINE OF TRACT 10, A DISTANCE OF 100.02; THENCE N01°06'02"E, A DISTANCE OF 318.41 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1.10 ACRES MORE OR LESS. SECTION 2. The zoning restrictions covering the following described property located within land commonly known as 3103 through 3131 North Elizabeth Street shall remain B-3, Highway and Arterial Business District, A PORTION OF TRACTS 9, 10, 12 AND 13, EVANS SUBDIVISION, AS RECORDED IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER AT RECEPTION NO. 773536, COUNTY OF PUEBLO, STATE OF COLORADO, AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT 14 OF SAID EVANS SUBDIVISION; THENCE S90°00'00"E, ON THE SOUTH LINE OF SAID TRACT 14, A DISTANCE OF 415.80 FEET; THENCE N00°00'06"E, A DISTANCE OF 200.00 FEET TO A POINT 33.90 FEET NORTH OF THE COMMON LINE BETWEEN TRACTS 13 AND 14. SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N01°19'25"E A DISTANCE OF 248.37 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50.00 FEET OF SAID TRACT 12; THENCE N90°00'00"E, ON THE SOUTH LINE OF THE NORTH 50.00 FEET OF SAID TRACT 12, A DISTANCE OF 174.03’ FEET TO THE WESTERLY RIGHT OF WAY LINE OF ELIZABETH STREET; THENCE CONTINUING N90°00'00"E A DISTANCE OF 50.01 FEET TO THE CENTER OF THE 100.00 FOOT WIDE RIGHT OF WAY OF ELIZABETH STREET; THENCE S01°06'02"W ON THE CENTER OF SAID RIGHT OF WAY, A DISTANCE OF 248.35 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 33.90 FEET OF TRACT 13 EXTENDED; THENCE N90°00'00"W, ON THE NORTH LINE OF THE SOUTH 33.90 FEET OF TRACT 13 EXTENDED, A DISTANCE OF 50.00’ FEET TO THE WESTERLY RIGHT OF WAY LINE OF ELIZABETH STREET; THENCE CONTINUING N90°00'00"W A DISTANCE OF 175.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1.28 ACRES MORE OR LESS. SECTION 3. The zoning restrictions covering the following described property located within land commonly known as 3103 through 3131 North Elizabeth Street are hereby changed from R-6, Multiple-Residential and Commercial District, B-3, Highway and Arterial Business District, and B- 4, Central Business District to R-7, Mobile Home Residential District, A PORTION OF TRACTS 9-14, EVANS SUBDIVISION, AS RECORDED IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER AT RECEPTION NO. 773536, COUNTY OF PUEBLO, STATE OF COLORADO, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 14, EVANS SUBDIVISION; THENCE N00°00'06"E, ON THE WEST LINE OF SAID TRACT 14, 13, AND 12, A DISTANCE OF 452.04 FEET, TO THE SOUTH LINE OF THE NORTH 46.26 FEET OF SAID TRACT 12; THENCE N90°00'00"E, ON SAID SOUTH LINE OF THE NORTH 46.26 FEET OF TRACT 12, A DISTANCE OF 132.00’ FEET TO THE EAST LINE OF THE WEST 132.00 FEET OF SAID TRACT 12; THENCE N00°00'06"E A DISTANCE OF 212.36 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 10; THENCE N90°00'00"W, ON THE SOUTH LINE OF SAID TRACT 10, A DISTANCE OF 132.00 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 10; THENCE N00°00'06"E, ON THE WEST LINE OF TRACTS 10 AND 9, A DISTANCE OF 316.34 FEET TO THE SOUTH LINE OF THE NORTH 16.00 FEET OF SAID TRACT 9; THENCE N89°46'19"E A DISTANCE OF 505.80 FEET TO A POINT 100.00 FEET WEST OF THE WESTERLY RIGHT OF WAY OF ELIZABETH STREET; THENCE S01°06'02"W, A DISTANCE OF 318.41 TO THE SOUTH LINE OF TRACT 10; THENCE N90°00'00"W, ON THE SOUTH LINE OF TRACT 10, A DISTANCE OF 114.92 FEET TO A POINT 214.90 FEET WEST OF THE WESTERLY RIGHT OF WAY LINE OF ELIZABETH STREET; THENCE S01°06'02"W, A DISTANCE OF 212.40 FEET TO THE SOUTH LINE OF THE NORTH 46.26 FEET OF SAID TRACT 12; THENCE N90°00'00"E, ON THE SOUTH LINE OF THE NORTH 46.26 FEET OF SAID TRACT 12, A DISTANCE OF 40.91’ FEET TO A POINT 174.00 FEET WEST OF THE WESTERLY RIGHT OF WAY LINE OF ELIZABETH STREET; THENCE S01°06'02"W, A DISTANCE OF 3.74 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50.00 FEET OF SAID TRACT 12; THENCE S01°19'25"W, A DISTANCE OF 248.37 FEET TO A POINT WHERE THE NORTH LINE OF THE SOUTH 33.90 FEET OF TRACT 13 INTERSECTS WITH THE EAST LINE OF THE WEST 415.80 FEET OF TRACT 13; THENCE S00°00'06"W, A DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 14; THENCE N90°00'00"W, ON SAID SOUTH LINE OF TRACT 14, A DISTANCE OF 415.80 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 9.22 ACRES MORE OR LESS. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED March 28, 2016 BY: Ed Brown PASSED AND APPROVED: April 11, 2016