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City Clerk’s Office Item # R-10
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
October 15, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR A 2.8 ACRE
PARCEL, LOCATED AT 1906 HUDSON FROM R-6, MULTIPLE
RESIDENTIAL AND COMMERCIAL DISTRICT TO B-3, HIGHWAY AND
ARTERIAL BUSINESS DISTRICT
SUMMARY:
The applicant is requesting to rezone the subject property from R-6, Multiple Residential
and Commercial District to B-3, Highway and Arterial Business District.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property is located at 1906 North Hudson, between Highway 50 Bypass and
North Hudson Avenue. The applicant is requesting to rezone the existing property from
R-6 to B-3 to allow for a new retail use on the proposed Lot 1 and bring the remainder of
the property in accordance with the Comprehensive Plan.
The purpose of the B-3 Zone District is to provide areas along highways and arterial
streets for location of business and services. The intended use, as well as the existing
use, fit within the purpose of the B-3 Zone District.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their September 11, 2019 Regular Meeting,
voted 4-0 (Commissioners Castellucci and Avalos 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, limiting
commercial development to those uses and signage within an R-6 zone district.
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:
Proposed Ordinance
Minutes of the Planning and Zoning Commission September 11, 2019
Public Hearing
Planning and Zoning Commission Staff Report with Exhibits
ORDINANCE NO. 9582
AN ORDINANCE AMENDING ZONING RESTRICTIONS
FOR A 2.8 ACRE PARCEL, LOCATED AT 1906 HUDSON
FROM R-6, MULTIPLE RESIDENTIAL AND COMMERCIAL
DISTRICT TO 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 and generally
identified in the attached Rezone Exhibit, is hereby changed from R-6, Residential and
Commercial District to B-3, Highway and Arterial Business District:
All of parcel "D", Belmont, Twentieth Filing, according to the recorded plat
thereof, filed for record June 25, 1959, Except the following described
parcels of land:
Beginning at the Northwest corner of the said Parcel "D"; thence South 0°14'
West, along the West line of the said Parcel "D", a distance of 136.51 feet;
thence South 89°46' East, a distance of 125.00 feet; thence North 0°14'
East, a distance of 170.82 feet, to a point on the Southerly right-of-way line
of U.S. Highway No. 50, and the North line of the said parcel "D"; thence
Southwesterly, and along the said Southerly right-of-way line, a distance of
130.56 feet, to the point of beginning;
Also
Commencing at the Southeast corner of Parcel "D", Belmont 20th Filing;
thence North 89°46" West, and along the South line of Parcel "D", a
distance of 71.79 feet; thence along the arc of the curve to the right whose
radius is 465.00 feet, and along the Southerly line of Parcel "D", a distance
of 143.47 feet to the point of beginning; thence North 0°14' East, a distance
of 405 feet, more or less, to a point on the Southerly right-of-way line of U.S.
Highway No. 50, By-Pass, as presently located; thence along the Southerly
right-of-way line the following two courses:
1) Along an arc of a curve to the right whose radius is 2965.0 feet, a
distance of 467.22 feet;
2) Thence North 75°22' West, a distance of 107.00 feet; thence South
0°05'37" West, a distance of 421.32 feet to the Southerly line of
Parcel "D"; thence along the Southerly line of Parcel "D" the following
four courses:
1) North 71°44' East, a distance of 86.16 feet;
2) Along an arc of a curve to the right whose radius is 365.00 feet, a
distance of 293.04 feet;
3) South 62°16' East, a distance of 138.50 feet;
4) Along an arc of a curve to the left whose radius is 465.00 feet, a
distance of 79.71 feet to the point of beginning,
Also
A parcel of land in Parcel "D", Belmont, Twentieth Filing, described as
follows: Beginning at the Southeast corner of said Parcel "D" Belmont,
Twentieth Filing; thence North 89°46' West, and along the South line of
Parcel "D" a distance of 71.79 feet; thence along the arc of a curve to the
right, whose radius is 465.00 feet and along the Southerly line of Parcel "D"
a distance of 143.47 feet; thence North 0°14' East a distance of 405 feet,
more or less, to a point on the Southerly right of way lien of U.S. Highway
No. 50, By-Pass; thence Easterly, along the arc of a curve to the left, whose
radius is 2965.0 feet, and along the said Southerly right of way line of U.S.
Highway No. 50, a distance of 213 feet, more or less, to the Northeast
corner of the said Parcel "D"; thence South 0°14' West, and along the East
line of said parcel "D" a distance of 413.2 feet, more or less, to the Point of
Beginning,
All in
County of Pueblo,
State of Colorado.
Containing a calculated area of 2.798 acres, more or less.
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 October 15, 2019.
Final adoption of Ordinance by City Council on October 28, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on November 1, 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