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Home My WebLink About09706 2179944 06/03/2020 02:17:14 PM Page: 1 of 2 R 18.00 D 0.00 1 18.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 IVAIE'+r 10,1':Ii4 MAMMA*A** E" 11111 ORDINANCE NO. 9706 AN ORDINANCE APPROVING THE WEST VALLEY ESTATES, A SPECIAL AREA PLAN AMENDMENT WHEREAS, a request to amend the Special Area Plan for West Valley Estates, has been submitted to the Planning and Zoning Commission for approval pursuant to Section 17-4-29 of the Pueblo Municipal Code; and, WHEREAS, the Planning and Zoning Commission after a public hearing found and determined the objectives and requirements of said Section 17-4-29 can and will be met; and, WHEREAS, the Planning and Zoning Commission has recommended the approval of the West Valley Estates Subdivision, A Special Area Plan Amendment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Special Area Plan Amendment for; Lots 92 & 93, West Valley Estates Subdivision, A Special Area Plan attached hereto, is hereby approved. SECTION 2. The Special Area Plan Amendment is approved without conditions. SECTION 3. 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 4. 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 April 27, 2020. Final adoption of Ordinance by City Council on May 11, 020 . Presid-nt of ity Council 2179944 06/03/2020 02:17:14 PM Page: 2 2 R 18. .00 T .00 Gilbert Ortofiz Clerk/Recorder00D 0. Pueblo C18ounty, Co ■III POr tilig i "JO'I ifilo I•.O.'kirk ill,LIKE iiiiii 11111 Action by the Mayor: X Approved on 5—AP-.2 v . ❑ Disapproved on based on the following objections: -2-(4. -ere Adifaia-ZAG*1 Mayor Action by City Council After Disapproval by the Mayor: El 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 .11. $ 1ILs U_I' 0,, r City Clerk 4 v,(' c '`1 ..,.r.... 4- ORDINANCE NO. 9706 AN ORDINANCE APPROVING THE WEST VALLEY ESTATES, A SPECIAL AREA PLAN AMENDMENT WHEREAS, a request to amend the Special Area Plan for West Valley Estates, has been submitted to the Planning and Zoning Commission for approval pursuant to Section 17-4-29 of the Pueblo Municipal Code; and, WHEREAS, the Planning and Zoning Commission after a public hearing found and determined the objectives and requirements of said Section 17-4-29 can and will be met; and, WHEREAS, the Planning and Zoning Commission has recommended the approval of the West Valley Estates Subdivision, A Special Area Plan Amendment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Special Area Plan Amendment for: Lots 92 & 93, West Valley Estates Subdivision, A Special Area Plan attached hereto, is hereby approved. SECTION 2. The Special Area Plan Amendment is approved without conditions. SECTION 3. 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 4. 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 April 27, 2020. Final adoption of Ordinance by City Council on May 11, 2020 . President of City Council Action by the Mayor: ☒ Approved on May 12, 2020 . ☐ 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 City Clerk City Clerk’s Office Item # R-2 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: April 27, 2020 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 APPROVING THE WEST VALLEY ESTATES, A SPECIAL AREA PLAN AMENDMENT SUMMARY: This Ordinance approves an amendment to the West Valley Estates, a Special Area Plan for Lots 92 and 93 of West Valley Estates Subdivision. This action coincides with the concurrently submitted application for a Rearrangement of Property Boundaries, Parcel A. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting to amend the Special Area Plan for Lots 92 and 93, West Valley Estates Subdivision, A Special Area Plan to coincide with the Rearrangement of Property Boundaries, Parcel A. The existing setbacks are twenty (20) feet front, five (5) feet side, and ten (10) feet rear-yard setback. The proposed setbacks for the principal structure are twenty (20) feet front, five (5) feet side, and 2.7-feet rear-yard. The proposed setbacks for a detached accessory structure are twenty (20) feet front, five (5) feet side, and ten (10) feet for the rear-yard. The property owner is requesting to rearrange Lots 92 and 93 to create Parcel A to facilitate the construction of a detached accessory structure and amend the rear-yard setback to provide for the current placement of the home. The manufactured home, located on Lot 93, West Valley Estates Subdivision, A Special Area Plan was incorrectly set in 2000. The incorrect placement is attributed to a survey error prior to the placement of the home. A more recent survey found that the manufactured home is 2.7-feet from the rear property line. The home was set on a permanent engineered foundation, per the municipal code standards. A variance is not permitted due to the property setbacks being created through the Special Area Plan. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their March 11, 2020 Regular Meeting, voted 4-0 to recommend approval, with Commissioner Avalos absent. 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 lots would be subject to the standard setbacks of the Manufactured Home (R-8 Zone) District which would keep the applicant’s home noncompliant with the current Special Area Plan. 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 March 11, 2020 Public Hearing West Valley Estates, A Special Area Plan Amendment, March 18, 2020 Planning and Zoning Commission Staff Report with Attachments and Exhibits