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HomeMy WebLinkAbout09882ORDINANCE NO 9882 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE A 24,394 SQUARE FOOT UNIMPROVED PORTION OF A PARCEL GENERALLY LOCATED WEST OF ELIZABETH STREET AND NORTH OF LOT 1, DOUD SUBDIVISION, FROM A-1, AGRICULTURE 1 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 in addition half of all adjacent dedicated roadway and alley rights-of-way, together generally identified in the attached Rezone Exhibit, is hereby changed from A-1, Agriculture 1 to B-3, Highway and Arterial Business District: A parcel of land being a portion of the NE ¼ of the NW ¼ and the W 1/2 of the NE 1/4 of Section 12, Township 20 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at the NE corner of Doud Subdivision, according to the recorded plat thereof filed for record December 22, 2016 at Reception Number 2057202 in the records of the Pueblo County Clerk and Recorder; thence S 74°51’45”W (Bearings based on the centerline of Elizabeth Street between the No. 6 rebar with 2 ½” Aluminum Cap PLS 16128 in cast iron monument box marking the north end of curve near the NE corner of Eaglecross Subdivision Fourth Filing recorded at Reception Number 1256096 in the Pueblo County Records northerly to the No. 6 rebar with 2 ½” Aluminum Cap PLS 16128 in cast iron monument box marking the beginning of curve to bear N 15°08’15”W) (S 74°51’20”W Plat) along the north line of said Doud Subdivision, a distance of 270.64 feet to the NW corner of said Doud Subdivision and a point on the east line of Skyview Subdivision according to the recorded plat thereof filed for record November 5, 1980 at Reception Number 649798 in the records of the Pueblo County Clerk and Recorder; thence N 10°33’04”W (N 09°04’39”W Plat) along said east line of Skyview Subdivision a distance of 250.41 feet to the NE corner of said Skyview Subdivision; thence N 21°56’29”W a distance of 77.66 feet; thence N 70°45’21”E a distance of 258.30 feet to a point on the said westerly right of way line of Elizabeth Street; thence along the arc of a non-tangent curve to the right whose center bears S 70°45’21”W and having a central angle of 04°06’24” and a radius of 850.00’ a distance of 60.92 feet; thence S 15°08’15”E along said westerly right of way line a distance of 284.37 feet to the POINT OF BEGINNING; Said parcel contains 2.00 acres, more or less. SECTION 2. The officers and staff of the City are authorized 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 8, 2021. Final adoption of Ordinance by City Council on February 22, 2021. President of City Council Action by the Mayor: ☒ Approved on February 24, 2021 . □ 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-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 8, 2021 TO: President Lawrence W. Atencio 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 TO REZONE A 24,394 SQUARE FOOT UNIMPROVED PORTION OF A PARCEL GENERALLY LOCATED WEST OF ELIZABETH STREET AND NORTH OF LOT 1, DOUD SUBDIVISION, FROM A-1, AGRICULTURE 1 TO B-3, HIGHWAY AND ARTERIAL BUSINESS DISTRICT SUMMARY: The applicant is requesting to rezone a 24,394 square foot unimproved portion of a parcel from A-1 (Agriculture 1) to B-3 (Highway and Arterial Business District) to accommodate the proposed two lot Cole-Smith Subdivision to facilitate commercial development. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located west of Elizabeth Street and north of Lot 1 Doud Subdivision. The applicant is proposing to rezone 24,394 square feet from A-1 (Agriculture 1) to B-3 (Highway and Arterial Business District). The remaining 62,726 square feet is already zoned B-3. The applicant is concurrently requesting to subdivide an 87,120 square foot parcel of land into two lots to facilitate commercial development. The proposed subdivision will accommodate two lots and shared access easements. The proposed B-3 zone district complies with the Outlook East Master Development Plan (MP-02-02 approved August 14, 2002) which designates the parcel for Arterial Commercial Mixed Use. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their January 13, 2021 Regular Meeting, voted 7-0 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 property would not be zoned in accordance with the Pueblo Municipal Code. 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 January 13, 2021 Public Hearing Planning and Zoning Commission Staff Report with Attachments and Exhibits