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HomeMy WebLinkAbout09053ORDINANCE NO. 9053 AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR PROPERTY GENERALLY LOCATED ALONG ASPENCREST DRIVE, BETWEEN ST. CLAIR AVENUE AND LIEZL STREET BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described property and generally identified in the attached Rezone Exhibit is hereby changed from A-1, Agricultural One District to R-2U, Single Family Residential District: A PORTION OF THE WEST HALF OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4, BEING MONUMENTED ON THE SOUTH END BY A NO. 6 REBAR WITH A 2-1/2" ALUMINUM CAP MARKED "M2 SURVEYING PLS 34587" AND ON THE NORTH END BY AN ALUMINUM PIPE WITH A 3-1/4" ALUMINUM CAP MARKED "PUEBLO COUNTY SURVEYOR PLS 16128" IS ASSUMED TO BEAR N04°01'08"E A DISTANCE OF 1390.39 FEET. BEGINNING AT THE NORTHEAST CORNER OF REGENCY CREST SUBDIVISION FILING NO. 9 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1974876, ALSO BEING POINT A; THENCE ON THE NORTHERN BOUNDARY OF SAID REGENCY CREST SUBDIVISION, FILING NO.9 N87°23'29”W A DISTANCE OF 234.43 FEET; THENCE N02°36'31”E A DISTANCE OF 167.00 FEET; THENCE S87°23'29”E A DISTANCE OF 3.75 FEET; THENCE N06°42'53”E A DISTANCE OF 101.56 FEET; THENCE N80°32'29”W A DISTANCE OF 48.78 FEET; THENCE N10°29'40”E A DISTANCE OF 69.46 FEET; THENCE N27°19'06”E A DISTANCE OF 285.05 FEET; THENCE N88°12'59”W A DISTANCE OF 9.84 FEET; THENCE N01°47'01”E A DISTANCE OF 110.00 FEET; THENCE N88°12'59”W A DISTANCE OF 12.61 FEET; THENCE N01°47'01”E A DISTANCE OF 166.16 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4; THENCE ON SAID NORTH LINE, S88°12'59”E A DISTANCE OF 418.00 FEET TO THE NORTHWEST CORNER OF REGENCY CREST SUBDIVISION FILING NO. 3 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1427367; THENCE, ON SAID BOUNDARY THE FOLLOWING THIRTEEN (13) COURSES: 1. S01°43'57"W A DISTANCE OF 100.40 FEET; 2. S01°44'19"E A DISTANCE OF 60.52 FEET; 3. S01°43'57"W A DISTANCE OF 91.05 FEET; 4. S19°21'51"W A DISTANCE OF 97.56 FEET; 5. S40°41'00"W A DISTANCE OF 58.41 FEET; 6. S38°16'06"W A DISTANCE OF 64.46 FEET; 7. S35°55'05"W A DISTANCE OF 55.11 FEET; 8. S33°45'13"W A DISTANCE OF 55.05 FEET; 9. S45°51'53"W A DISTANCE OF 56.17 FEET; 10. S43°08'43"W A DISTANCE OF 46.07 FEET; 11. S14°19'22"W A DISTANCE OF 108.34 FEET; 12. S07°36'53"W A DISTANCE OF 60.83 FEET; 13. S02°26'20"W A DISTANCE OF 104.37 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 6.928 ACRES. AND BEGINNING AT POINT A, THENCE ON THE EASTERN BOUNDARY OF REGENCY CREST SUBDIVISION FILING NO. 9, S02°26'20”W A DISTANCE OF 40.00 FEET TO THE CENTERLINE OF ST. CLAIR AVENUE; THENCE ON THE CENTER LINE OF SAID ST. CLAIR AVENUE, N87°23'29”W A DISTANCE OF 281.16 FEET TO THE WESTERN BOUNDARY OF SAID REGENCY CREST SUBDIVISION FILING NO. 9; THENCE ON THE BOUNDARY OF SAID REGENCY CREST SUBDIVISION FILING NO. 9 THE FOLLOWING TWO (2) COURSES 1. N02°36'31”E A DISTANCE OF 40.00 FEET; 2. S87°23'29”E A DISTANCE OF 281.04 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 0.258 ACRES. SECTION 2. 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 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: October 11, 2016 BY: Ed Brown PASSED AND APPROVED: October 24, 2016 City Clerk’s Office Item # R-3 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 11, 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 PROPERTY GENERALLY LOCATED ALONG ASPENCREST DRIVE, BETWEEN ST. CLAIR AVENUE AND LIEZL STREET SUMMARY: The applicant is requesting to rezone the subject property from A-1 to R-2U, Single Family Residential District for the Regency Crest Development. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located at the northwest corner of St. Clair and Sage Street, in the Domega Homes Neighborhood. The applicant is proposing to rezone the proposed thirty- five (35) single family residential subdivision. This portion of the property is part of the Regency Crest West Master Plan, which was approved by the Planning and Zoning Commission on January 12, 2005. The Master Plan, which provided for the coordinated development of the entire 122.75-acre property, designed approximately 85 acres of single-family residential development, 7 acres of multi-family residential development, 5 acres of parkland, 7 acres of arterial roadway rights-of-way, and 17 acres of private open space. The property is included in Neighborhood ‘E,’ which was intended for single family residential and has a proposed zoning of R-2. The most significant difference between the R-2U Zone District and the R-2 Zone District are the front yard setbacks. The R2-U Zone District requires the house to be setback 18 feet, the garage to be setback 20 feet to the sidewalk and allows an unenclosed porch (even if roofed) to be setback only 10 feet from the front property line. The R-2 Zone District requires a 25 foot front setback to all structures. When the Regency Crest Master Plan was created, the R-2U Zone District did not exist, which is why the beginning developments of Regency Crest were zoned R-2, with Special Area Plans, reducing the front yard setback to 18 feet. Once the R-2U Zone District was created in 2005, each subsequent filing of the Regency Crest development was zoned R- 2U. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their August 10, 2016 Regular Meeting, voted 5-0 (with Commissioners Schilling and Webb absent) to recommend approval with conditions. Subsequently, the applicant has complied with all conditions of approval. 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 August 10, 2016 Public Hearing Planning and Zoning Commission Staff Report with Exhibits