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HomeMy WebLinkAbout09431 City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 25, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR PROPERTY LOCATED AT 545 BROWN AVENUE FROM R-2, SINGLE FAMILY RESIDENTIAL DISTRICT TO R-3, ONE AND TWO-FAMILY RESIDENTIAL DISTRICT SUMMARY: The applicant is requesting to rezone the subject property from Single Family Residential (R-2 Zone) District to One and Two-Family Residential (R-3 Zone) District. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is 9,300 square feet which is located in the Heritage Neighborhood of Pueblo, on the Northwest corner of Lucas Avenue and Brown Avenue. The request is being made in conjunction with a lot line rearrangement to split the property into two (2) separate parcels to allow for infill residential development. The owner is requesting approval to place a second single family residential structure on the property, which is not permitted in the current zone district and is not permitted with the current configuration of the property. The minimum lot area in a Single Family Residential (R-2 Zone) District is 5,000 square feet, however, the minimum lot size in a One and Two-Family Residential (R-3 Zone) District is only 4,000 square feet. By rezoning the property, it would allow the lot lines to be rearranged in a manner which would provide two (2) buildable lots. The proposed rezoning is necessary to allow the lot line rearrangement to be approved, due to the subject property being smaller than 10,000 square feet. The approval of the lot line rearrangement is dependent upon the approval of easements or revocable permits for the utilities serving the two (2) proposed homes. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their December 12, 2018 Regular Meeting, voted 6-0 (Lujan-Slak absent) to recommend approval with the following condition of approval: 1. The rezoning of this property shall not be scheduled for City Council until the concurrent lot line rearrangement is approved by the Subdivision Review Committee. The associated lot line rearrangement was approved with conditions by the Subdivision Review Committee at their February 6, 2019 meeting. 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 December 12, 2018 Public Hearing Planning and Zoning Commission Staff Report with Exhibits ORDINANCE NO. 9431 AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR PROPERTY LOCATED AT 545 BROWN AVENUE FROM R-2, SINGLE FAMILY RESIDENTIAL DISTRICT TO R-3, ONE AND TWO-FAMILY RESIDENTIAL DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described properties, and in addition half of all adjacent public roadway and alley rights-of-way, inclusively identified in the attached Rezone Exhibit is hereby changed from R-2, Single Family Residential District to R-3, One and Two-Family Residential District: LOTS 26, 27 AND 28, BLOCK 3, SUMMIT PLACE PARCEL SIZE: 0.21 ACRES SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective immediately upon final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 25, 2019. Final adoption of Ordinance by City Council on March 11, 2019 . President of City Council Action by the Mayor: Approved on March 13, 2019 . ☒ □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST Acting City Clerk