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HomeMy WebLinkAbout09364 City Clerk’s Office Item # R-8 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 22, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR PROPERTY COMMONLY KNOWN AS EVRAZ ANNEXATION NO. 1 AND 2 SUMMARY: The applicant is requesting to rezone the subject properties from County I-3 to City I-3, Heavy Industrial District PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject area is approximately 49 acres, located within the boundary of the Evraz property, east of I-25, at the terminus of Indiana Avenue. The portion of the Evraz property that is being annexed and rezoned is all located to the south of the internal private street, Harlem Street. The applicant is proposing to annex the subject property into the City of Pueblo (P&Z case A-18-01 No. 1 and 2); therefore, in compliance with C.R.S. 31-12- 115(2), the property must be rezoned within 90 days following the annexation of the property into the City. The applicant is proposing to rezone the property to City I-3, Heavy Industrial Zone District to facilitate future heavy industrial uses. If the applicant uses the property for the disposal of nonhazardous solid waste generated on-site in compliance with Colorado Department of Public Health and Environment Solid Waste Regulations, they will be required to obtain a Special Use Permit through the Zoning Board of Appeals. In compliance with C.R.S. 31-12-115, City Council may not approve the rezoning of the property or the Special Use Permit, prior to the approval of the Ordinance annexing the property into the City. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their September 12, 2018 Regular Meeting, voted 6-0 (San Filippo-Rosser absent) to recommend 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 September 12, 2018 Public Hearing Planning and Zoning Commission Staff Report with Exhibits ORDINANCE NO. 9364 AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR PROPERTY COMMONLY KNOWN AS EVRAZ ANNEXATION NO. 1 AND 2 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described properties and generally identified in the attached Rezone Exhibit are hereby changed from County I-3 to City I-3, Heavy Industrial District: A parcel of land located in a portion of the East one-half (1/2) of Sections th 12, and 13, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows. Considering the South line of Block 39 in Lake Minnequa Addition as filed for record in the Pueblo County records to bear N. 88°54’21” E. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of said Block 39 and the present City limits line; thence N. 88º54’21” E., a distance of 125.00 feet to the east right- of-way line of the Denver and Rio Grande Railroad as presently located; thence N. 01º04’44” W. along said east right-of-way line, a distance of 300.00 feet to the Point of Beginning; thence N. 01º04’44” W. continuing along said east right-of-way line, a distance of 950.00 feet; thence N. 88º54’21” E., a distance of 226.00 feet; thence N. 40º24’00” E., a distance of 636.00 feet; thence N. 88º54’21” E., a distance of 342.00 feet; thence S. 01º05’39” E., a distance of 90.00 feet; thence S. 88º54’21” W., a distance of 44.00 feet; thence S. 01º05’39” E., a distance of 190.00 feet; thence N. 88º54’21” E., a distance of 120.00 feet; thence S. 01º05’39” E., a distance of 1,314.00 feet; thence S. 29º59’20” W., a distance of 548.00 feet; thence S. 01º05’39” E., a distance of 534.00 feet; thence S. 88º54’21” W., a distance of 471.00 feet; thence S. 01º05’39” E., a distance of 1,121.71 feet; thence S. 88º54’21” W., a distance of 100.00 feet; thence N. 01º05’39” W., a distance of 2,292.65 feet; thence S. 88º54’21” W. a distance of 211.71 feet to the said east right-of-way line and the Point of Beginning. Containing 49.97 acres, more or less 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 22, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: November 12, 2018