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HomeMy WebLinkAbout09623 ORDINANCE NO. 9623 AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR A .89-ACRE PARCEL, GENERALLY LOCATED WEST OF JERRY MURPHY ROAD AND NORTH OF LOTS 16-17, BLOCK 141, BELMONT VILLA, FILING NO. 1 FROM R-2, SINGLE FAMILY RESIDENTIAL DISTRICT TO R-5, MIXED-RESIDENTIAL AND OFFICE 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-2, Single-Family Residential District to R-5, Mixed Residential and Office District: REZONING LEGAL DESCRIPTION: A PARCEL OF LAND SITUATED IN THE W ½ OF THE SE ¼ OF SECTION 19, TH TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6 PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW ¼ OF THE SE ¼ OF SECTION 19, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 1307 AT PAGE 378, COUNTY OF PUEBLO RECORDS; THENCE S89°-02’E. ALONG SAID TRACT, A DISTANCE OF 224.76 FEET TO THE SOUTHEAST CORNER OF SAID TRACT, SAID POINT LYING ON THE SOUTHWESTERLY LINE OF LOT 20, BLOCK 103, BELMONT TH 7 FILING, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE S.41°-44’-20”E., ALONG THE SOUTHWESTERLY LINE OF SAID LOT 20, A DISTANCE OF 9.82 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20; THENCE N.53°-34’-30”E., ALONG THE SOUTHEASTERLY LINE OF LOT 20, A DISTANCE OF 125.68 FEET TO THE EAST CORNER OF SAID LOT 20, SAID POINT LYING ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF JERRY MURPHY ROAD; THENCE SOUTHEASTERLY, ALONG THE BOUNDARY OF TH SAID BELMONT 7 FILING, 98.42 FEET ALONG AN ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 1196.3 FEET; THENCE S.50°-46’-39”W., A DISTANCE OF 3.10 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, WHOSE RADIUS IS 340 FEET, A DISTANCE OF 238.49 FEET; THENCE N.89°- 02”W., A DISTANCE OF 168.40 FEET TO A POIKNT ON THE NORTH-SOUTH CENTERLINE OF SECTION 19; THENCE N.1°-37”W., ALONG SAID CENTERLINE A DISTANCE OF 88.91 FEET TO THE POINT OF BEGINNING. ALONG WITH THE FOLLOWING RIGHT-OF-WAY; THE WESTERLY 50 FEET OF JERRY MURPHY ROAD RIGHT OF WAY THAT IS ADJACENT TO THE ABOVE DESCRIBED PARCEL, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, AS RECORDED UNDER BOOK 2037, PAGE 819 OF THE RECORDS OF PUEBLO COUNTY. CONTAINING A CALCULATED AREA OF 38,644 SQ. FEET, OR 0.89 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 December 9, 2019. Final adoption of Ordinance by City Council on December 23, 2019. President of City Council Action by the Mayor: ☒ Approved on December 26, 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 Deputy City Clerk City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: December 9, 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 .89-ACRE PARCEL, GENERALLY LOCATED WEST OF JERRY MURPHY ROAD AND NORTH OF LOTS 16-17, BLOCK 141, BELMONT VILLA, FILING NO. 1 FROM R-2, SINGLE FAMILY RESIDENTIAL DISTRICT TO R-5, MIXED- RESIDENTIAL AND OFFICE DISTRICT SUMMARY: The applicant is requesting to rezone the subject property from R-2, Single Family Residential to R-5, Mixed Residential and Office District. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located north of the Belmont Baptist Church, 1401 Jerry Murphy Road. The subject site is made up of an unsubdivided parcel (zoned R-2), that may have been reserved for a future right-of-way extension of Iroquois Road, and Lots 16 and 17, Belmont Villa Filing No. 1 Subdivision (zoned R-5). The site is being combined with the land to the south, Lots 16 and 17 Belmont Villa Filing No. 1 Subdivision, through a concurrent subdivision request, to create one 2.66-acre development site. Lots 16 and 17 Belmont Villa Filing No. 1 Subdivision are currently zoned R-5; therefore, the rezoning action will create a consistent zoning designation for the site and facilitate multi-family residential development. The purpose of the R-5 Zone District is to provide areas of high-density multifamily dwelling unit structures with limited commingling of professional offices. The proposed multi-family residential use conforms with the intent of the R-5 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 (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 multi-family residential development. 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 Attachments and Exhibits