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HomeMy WebLinkAbout10005ORDINANCE NO. 10005 AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR PARKSIDE ESTATES AT BOULEVARD, 2ND AMENDMENT BLOCKS 1 AND 2 FROM R-2, SINGLE FAMILY RESIDENTIAL DISTRICT TO S-1, GOVERNMENT USE 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 R-2, Single Family Residential District to S-1, Government Use District: A parcel of land located within the West 1/2 of the Northeast 1/4 of Section 27 and within the Southwest 1/4 of the Southeast 1/4 of Section 22, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows: Lots 1 through 9, inclusive, Block 1; Lots 1 through 11, inclusive, Block 2; Lot 1, Block 3, and Parcel D, Parkside Estates at Boulevard Pork, 2nd Amendment, County of Pueblo, State of Colorado. Containing 28.101 acres, more or less HEREBY REQUEST: Rearrangement of property boundaries as shown hereon into the following described Lots: Considering a portion of the center line located in Spaulding Avenue as presently located to bear N.00"28'02" W., and all bearings contained herein being relative thereto. Lot 1: Beginning at the northwest corner of Lot 1, Block 1 according to the recorded plat of Parkside Estates at Boulevard Park, 2nd Amendment as filed for record on October 10, 2008 at Reception No. 1784489 in the office of the Pueblo County Clerk and Recorder; thence N.88"15'12"E., a distance of 50.00 feet; thence along the arc of a curve to the left whose radius is 380.00 feet, a distance of 44.52 feet; thence N.81"32'24"E., a distance of 99.34 feet; thence along the arc of a curve to the right whose radius is 320.00 feet. a distance of 37.49 feet; thence N.88"15'12"E., a distance of 248.92 feet; thence S.00"28'02"E., o distance of 580.53 feet; thence S.16' 1 O' 44 "W., a distance of 409.B7 feet; thence along the arc of a curve to the right whose radius is 390.00 feet, a distance of 113.31 feet; thence S.89"31'5B"W., a distance of 220.19 feet; thence along a curve to the right whose radius is 22.50 feet, a distance of 27.33 feet; thence along the arc of a curve to the right whose radius is 382.50 feet, a distance of 116.69 feet; thence N.00'28'02"W., a distance of 574.65 feet; thence along the arc of a curve to the right whose radius is 310.00 feet' a distance of 33.73 feet; thence N.05"46'00"E., a distance of 100.00 feet; thence along the ore of a curve to the left whose radius is 390.00 feet, a distance of 42.43 feet; thence N.00"28'02"W., a distance of 51.22 feet to the Point of Beginning. Containing 10.176 acres, more or less. Lot 2: Beginning at the northeast corner of Lot 11, Block 2 according to the recorded plot of Parkside Estates at Boulevard Pork, 2nd Amendment as filed for record on October 10, 2008 at Reception No. 1784489 in the office of the Pueblo County Clerk and Recorder; thence S.01 • 17'32"E., a distance of 585.94 feet; thence S.88"42'28"W., a distance of 696.63 feet; thence N.00"28'02"W., a distance of 580.53 feet; thence N.88"15'12"E., a distance of 678.29 feet to the Point of Beginning. Containing 9.136 acres, more or less. Lot 3: Beginning at the southeast corner of Lot 1, Block 3 according to the recorded plat of Parkside Estates at Boulevard Pork, 2nd Amendment as filed for record on October 1 O, 2008 at Reception No. 1784489 in the office of the Pueblo County Clerk and Recorder; thence along the arc of a curve to the right whose radius is 310.00 feet, a distance of 149.64; thence N.57"10'32"W., a distance of 401.22 feet; thence along the ore of curve to the left whose radius is 390.00 feet, a distance of 113.31 feet; thence N.16"10'44"'E., a distance of 409.87 feet; thence N.88"42'28"E., a distance of 686.63 feet; thence along the arc of a curve to the right whose radius is 470.00 feet, a distance of 207.74 feet; thence S.24"01 '57''W., a distance of 329.48 feet; thence along the ore of the curve to the left whose radius is 530.00 feet, a distance of 225.13 feet to the Point of Beginning. Containing 8.789 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 August 23, 2021 . Final adoption of Ordinance by City Council on September 13, 2021 . President of City Council Action by the Mayor: ☒ Approved on September 15, 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: August 23, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR PARKSIDE ESTATES AT BOULEVARD, 2ND AMENDMENT BLOCKS 1 AND 2 FROM R-2, SINGLE FAMILY RESIDENTIAL DISTRICT TO S-1, GOVERNMENT USE DISTRICT SUMMARY: The applicant is requesting to rezone an approximately 2.73-acre portion of land from R- 2, Single Family Residential District to S-1, Governmental Use District to facilitate development of the Ersilia Cruz Middle School. PREVIOUS COUNCIL ACTION: The property was originally subdivided in December 2000, when City Council approved Parkside Estates at Boulevard Park Subdivision creating one hundred seventy-six (176) single-family lots. The property was re-subdivided in September 2006, to create sixty-one (61) single-family lots and one (1) large parcel for the Cesar Chavez and Dolores Huerta Preparatory High School facilities. The site was again subdivided in July 2007 which resulted in the current configuration of twenty-one (21) residential-zoned lots and one (1) large parcel for the Dolores Huerta Preparatory High School. BACKGROUND: The subject property is generally located south of 22nd Street and east of Spaulding Avenue. The applicant is proposing to rezone approximately 2.73 acres from Single Family Residential (R-2 Zone) District to Governmental Use (S-1 Zone) District. The property is currently comprised of 22 lots, 21 of which are R-2 zoned with the remaining lot already zoned S-1. The applicant is concurrently seeking a rearrangement of property boundaries to combine all 22 lots into a single lot to facilitate development of the Ersilia Cruz Middle School. Chavez Huerta no longer intends to develop the 21 lots with single- family and are now proposing Ersilia Cruz Middle School and future development of solar infrastructure in the location previously reserved for single-family homes. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their February 10th, 2021, Regular Meeting, voted 6-0 to recommend approval, Commissioner Spinuzzi 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 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 February 10, 2021, Public Hearing Planning and Zoning Commission Staff Report with Attachments and Exhibits