HomeMy WebLinkAbout10022ORDINANCE NO. 10022
AN ORDINANCE AMENDING ZONING RESTRICTIONS TO
REZONE PARCELS 0536428018, 0536428019, 0536450004,
APPROXIMATELY 2.12 ACRES FROM I-3, HEAVY INDUSTRIAL
AND HB, HISTORIC BUSINESS ZONE DISTRICTS TO B-4
CENTRAL BUSINESS ZONE 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 I-3, Heavy Industrial and HB, Historic Business
Zone Districts to B-4 Central Business Zone District:
PARCEL B (536428018) REZONE FROM I-3 AND H-B TO B-4
ALL OF LOTS 8, 9, 10, 11, 12 AND 23 AND A PORTION OF LOTS 6, 7, 24, 25
AND 26, AND THE VACATED ALLEY ADJACENT THERETO IN BLOCK 57, AND
A PORTION OF VACATED UNION AVENUE, AS VACATED BY ORDINANCE
NO. 144, DATED NOVEMBER 19, 1888, ALL BEING IN THE FORMER TOWN
OF SOUTH PUEBLO, NOW PART OFTHE CITY OF PUEBLO, ACCORDING TO
THE RECORDED PLAT THEREOF, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF
SAID UNION AVENUE AND THE SOUTHWESTERLY LINE OF B STREET, AS
PLATTED IN SAID FORMER TOWN OF SOUTH PUEBLO, BEING ALSO A
POINT ON THE BOUNDARY OF PUEBLO UNION STATION SUBDIVISION,
ACCORDING TO THE RECORDED PLAT THEREOF; THENCE ALONG THE
BOUNDARY OF SAID PUEBLO UNION STATION SUBDIVISION, THE
FOLLOWING 2 COURSES:
1. SOUTH 45 DEG. 00 MIN. OO SEC. EAST, A DISTANCE OF 9.20 FEET;
2. SOUTH 44 DEG. 59 MIN. 15 SEC. WEST, A DISTANCE OF 257.77 FEET TO
THE SOUTHWEST CORNER OF SAID SUBDIVISION AND THE TRUE POINT
OF BEGINNING, BEING 50 FEET FROM MEASURED AT RIGHT ANGLES TO
THE CENTERLINE OF THE EXISTING MAIN TRACK OF THE AT&SF RAILWAY
COMPANY;
THENCE SOUTHEASTERLY 50 FEET FROM AND PARALLEL AND
CONCENTRIC WITH SAID CENTERLINE THE FOLLOWING 2 COURSES:
1. SOUTH 44 DEG. 56 MIN. 55 SEC. EAST, A DISTANCE OF 51.26 FEET;
2. ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 813.62
FEET, A DISTANCE OF 417.88 FEET TO THE NORTHWESTERLY LINE OF
SAID BLOCK 67 IN SOUTH PUEBLO;
THENCE NORTH 45 DEG. 00 MIN. 25 SEC. EAST ALONG SAID
NORTHWESTERLY LINE, A DISTANCE OF 2.89 FEET TO THE NORTHWEST
CORNER OF LOT 11 IN SAID BLOCK 67; THENCE NORTH 44 DEG. 57 MIN. 40
SEC. WEST ALONG THE NORTHEASTERLY LINES OF LOTS 10 AND 23 IN
SAID BLOCK 57 AND SAID LINES EXTENDED, A DISTANCE OF 451.13 FEET
TO THE SOUTHEASTERLY BOUNDARY OF SAID PUEBLO UNION STATION
SUBDIVISION; THENCE SOUTH 44 DEG. 59 MIN. 15 SEC. WEST ALONG LAST
SAID SUBDIVISION BOUNDARY, A DISTANCE OF 107.76 FEET TO THE POINT
OF THE BEGINNING,
EXCEPTING THEREFROM, A PORTION OF VACATED MAIN STREET, AS
VACATED BY ORDINANCE NO. 144, DATED NOVEMBER 19, 1888, ALL BEING
IN THE FORMER TOWN OF SOUTH PUEBLO, NOW PART OFTHE CITY OF
PUEBLO, ACCORDING TO THE RECORDED PLAT THEREOF.
COUNTY OF PUEBLO, STATE OF COLORADO.
CONTAINING 0.92 ACRES MORE OR LESS
PARCEL C (536428019) REZONE FROM I-3 TO B-4
LOTS 17 TO 22, BLOCK 57, SOUTH PUEBLO, AND THE SOUTHEASTERLY 1/2
OF VACATED ALLEY ADJOINING SAID LOTS AS VACATED IN ORDINANCE
NO. 144, RECORDED SEPTEMBER 3, 1996, IN BOOK 2925 AT PAGE 712,
BLOCK 57, SOUTH PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO.
AND
ALL THAT PORTION OF 80-FOOT-WIDE VACATED MAIN STREET LYING
CONTIGUOUS TO LOTS 21 AND 22 OF BLOCK 57 IN THE FORMER TOWN OF
SOUTH PUEBLO, NOW PART OF THE CITY OF PUEBLO, AS VACATED BY
ORDINANCE NO. 144, RECORDED SEPTEMBER 3, 1996, IN BOOK 2925 AT
PAGE 712, COUNTY OF PUEBLO, STATE OF COLORADO.
CONTAINING 0.69 ACRES MORE OR LESS
PARCEL D (536450004) REZONE FROM I-3 TO B-4
ALL OF LOTS 13, 14, 15, 16, 17, 18 AND 19, AND THE PORTION OF THE
VACATED ALLEY ADJACENT THERETO, ALL OF BLOCK 67 IN SOUTH
PUEBLO, NOW THE CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF
COLORADO.
AND
THOSE PORTIONS OF LOTS 11 AND 12, BLOCK 67, IN THE FORMER TOWN
OF SOUTH PUEBLO, NOW PART OF THE CITY OF PUEBLO, COUNTY OF
PUEBLO, STATE OF COLORADO, ACCORDING TO THE RECORDED PLAT
THEREOF, DESCRIBED AS FOLLOWS:
TO WIT:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 12; THENCE
SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 12 A
DISTANCE OF 90 FEET, MORE OR LESS TO THE INTERSECTION OF WITH A
LINE DRAWN CONCENTRIC WITH AND 50.0 FEET NORMALLY DISTANT
NORTHERLY FROM THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY'S (FORMERLY THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY) MAIN TRACT CENTERLINE, AS NOW LOCATED
AND CONSTRUCTED; THENCE WESTERLY ALONG SAID CONCENTRIC LINE
110 FEET, MORE OR LESS, TO THE NORTHWESTERLY LINE OF SAID BLOCK
67; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE 55
FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
CONTAINING 0.39 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 September 27, 2021 .
Final adoption of Ordinance by City Council on October 12, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on October 14, 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
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 September 27, 2021 .
Final adoption of Ordinance by City Council on October 12, 2021 .
President of City Council
Action by the Mayor:
□ Approved on .
□ 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: September 27, 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 TO REZONE
PARCELS 0536428018, 0536428019, 0536450004, APPROXIMATELY
2.12 ACRES FROM I-3, HEAVY INDUSTRIAL AND HB, HISTORIC
BUSINESS ZONE DISTRICTS TO B-4 CENTRAL BUSINESS ZONE
DISTRICT
SUMMARY:
The applicant is requesting to rezone approximately 2.12 acres from HB, Historic
Business and I-3, Heavy Industrial Zone District to B-4, Central Business District to
facilitate development of multifamily housing, a child-care center, a community garden,
and performance spaces.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is seeking to rezone the subject parcels to facilitate the development of
Phase II of the Fuel and Iron project. Phase I of the project is the redevelopment of the
Holmes Hardware Building. Phase II includes the development of a new multifamily
housing and child-care building on the eastern portion of the property, a community
garden on the southern portion of the property, and two performance spaces, one in the
building to the south of the Holmes Hardware building, and one under the Main Street
bridge. A significant portion of the subject property will also be used for parking as part of
the requirements of the Phase I development. The subject property is generally located
south of B street to the west of the Union Avenue bridge and to the east of the Main Street
bridge. The site is bounded by the rail yard to the south which has various daily train
activities. Several of the proposed uses; community garden, auditorium, parking, are
allowed under the current zoning, however, multifamily residential and childcare centers
are not allowed in the I-3 Zone District. Under the proposed B-4 Zone District, all proposed
uses are allowed by right except for the multifamily residential for which the applicant
would seek a Special Use Permit through the Zoning Board of Appeals. The property is
designated as an “Urban Mixed Use” area on the future land use map in the Pueblo
Regional Comprehensive Plan (“PRCP”). “Urban Mixed Use” areas provide offices, retail,
higher-density residential and public uses. The intended use is compatible with the PRCP.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their September 8, 2021 Regular Meeting,
voted 6-0 to recommend approval, Commissioner Pasternak 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 September 8, 2021 Public Hearing
Planning and Zoning Commission Staff Report with Attachments and Exhibits