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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