HomeMy WebLinkAbout10028ORDINANCE NO. 10028
AN ORDINANCE AMENDING ZONING RESTRICTIONS TO
REZONE PARCELS 1513300064, 1513300066,
1513300041, 1513300043 AND 1513300062 CURRENTLY
ZONED B-2, B-3, B-4 AND R-2 TO B-3, HIGHWAY AND
ARTERIAL 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 B-2, B-3, B-4 and R-2
to B-3, Highway and Arterial Business Zone District:
PARCEL I:
A PORTION OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 21
SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF
LAKE AVENUE FROM WHICH THE POINT OF TANGENCY ON THE
CENTERLINE OF GREENHORN DRIVE SOUTHWEST OF MONARCH
LANE BEARS SOUTH 05 DEGREES 06 MINUTES 11 SECONDS WEST
(BEARINGS BASED ON THE SAID CENTERLINE OF GREENHORN
DRIVE FROM THE SAID POINT OF TANGENCY SOUTHWEST OF
MONARCH LANE TO THE POINT OF A CURVE NORTHEAST OF SAID
MONARCH LANE MONUMENTED ON EACH END WITH A CONCRETE
MONUMENT WITH LEAD AND BRASS TACK IN A CAST IRON RANGE
BOX BEARS NORTH 37 DEGREES 28 MINUTES 11 SECONDS EAST AS
ESTABLISHED ON THE RECORDED PLAT OF MINNEQUA INDUSTRIAL
PARK FIRST FILING ACCORDING TO THE RECORDED PLAT
THEREOF FILED FOR RECORD JANUARY 9, 1974 IN BOOK 1770 AT
PAGE 252 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND
RECORDER) A DISTANCE OF 2607.32 FEET, SAID POINT BEING THE
NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN
SPECIAL WARRANTY DEED RECORDED JULY 14, 1967 IN BOOK 1618
AT PAGE 144; THENCE NORTH 01 DEGREES OO MINUTES 44
SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE OF
LAKE AVENUE A DISTANCE OF 636.07 FEET TO A POINT ON THE
SOUTH LINE OF THAT TRACT OF LAND DESCRIBED IN SPECIAL
WARRANTY DEED RECORDED JANUARY 2, 1985 IN BOOK 2226 AT
PAGE 614; THENCE NORTH 88 DEGREES 54 MINUTES 23 SECONDS
EAST ALONG SAID SOUTH LINE, A DISTANCE OF 793.00 FEET TO THE
WEST LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 1404 AT
PAGE 105; THENCE SOUTH 01 DEGREES 00 MINUTES 44 SECONDS
EAST, ALONG SAID WEST LINE, A DISTANCE OF 298.14 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT; THENCE NORTH 88
DEGREES 54 MINUTES 23 SECONDS EAST, ALONG THE SOUTH LINE
OF SAID TRACT, A DISTANCE OF 463.00 FEET TO THE SOUTHEAST
CORNER OF SAID TRACT; THENCE NORTH 01 DEGREES 00 MINUTES
44 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT, A
DISTANCE OF 298.14 FEET TO A POINT ON THE SOUTH LINE OF SAID
TRACT DESCRIBED IN BOOK 2226 AT PAGE 614; THENCE NORTH 88
DEGREES 54 MINUTES 23 SECONDS EAST LENGTH ALONG SAID
SOUTH LINE, A DISTANCE OF 708.95 FEET TO THE WEST LINE OF
THAT TRACT OF LAND DESCRIBED IN QUIT CLAIM DEED RECORDED
FEBRUARY 2, 1977 IN BOOK 1875 AT PAGE 182; THENCE SOUTH 01
DEGREES 00 MINUTES 44 SECONDS EAST, ALONG SAID WEST LINE,
A DISTANCE OF 305.42 FEET TO A POINT ON THE NORTHWESTERLY
LINE OF INTERSTATE 25; THENCE RUNNING SOUTHWESTERLY,
ALONG SAID NORTHWESTERLY LINE, THE NEXT THREEE (3)
COURSES: 1) SOUTH 43 DEGREES 45 MINUTES 11 SECONDS WEST,
A DISTANCE OF 537.75 FEET; 2) SOUTH 56 DEGREES 53 MINUTES 11
SECONDS WEST, A DISTANCE OF 616.10 FEET; 3) SOUTH 88
DEGREES 45 MINUTES 11 SECONDS WEST, A DISTANCE OF 92.86
FEET TO THE EASTERLY CORNER OF THAT TRACT OF LAND
DESCRIBED IN SPECIAL WARRANTY DEED RECORDED DECEMBER
31, 1997 UNDER RECEPTION NO. 1199024 IN BOOK 3070 AT PAGE
699; THENCE RUNNING NORTHWESTERLY, ALONG THE
NORTHEASTERLY LINE OF SAID TRACT THE NEXT TWO (2)
COURSES: 1) NORTH 46 DEGREES 21 MINUTES 09 SECONDS WEST,
A DISTANCE OF 5.81 FEET; 2) ALONG THE ARC OF A CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 42 DEGREES 05 MINUTES 40
SECONDS, HAVING A RADIUS OF 1273.00 FEET, AN ARC LENGTH OF
935.26 FEET, AND THE CHORD OF WHICH BEARS NORTH 67
DEGREES 23 MINUTES 59 SECONDS WEST, A DISTANCE OF 914.36
FEET TO THE EASTERLY CORNER OF THAT TRACT OF LAND
DESCRIBED IN BOOK 3070 AT PAGE 699; THENCE NORTH 88
DEGREES 26 MINUTES 49 SECONDS WEST, ALONG THE
NORTHERLY LINE OF SAID TRACT, A DISTANCE OF 129.70 FEET TO
THE POINT OF BEGINNING, COUNTY OF PUEBLO, STATE OF
COLORADO.
PARCEL II:
A PORTION OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 21
SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY LINE OF
LAKE AVENUE FROM WHICH THE POINT OF TANGENCY ON THE
CENTERLINE OF GREENHORN DRIVE SOUTHWEST OF MONARCH
LANE BEARS SOUTH 03 DEGREES 49 MINUTES 49 SECONDS WEST
(BEARINGS BASED ON THE SAID CENTERLINE OF GREENHORN
DRIVE FROM THE SAID POINT OF TANGENCY SOUTHWEST OF
MONARCH LANE TO THE POINT OF A CURVE NORTHEAST OF SAID
MONARCH LANE MONUMENTED ON EACH END WITH A CONCRETE
MONUMENT WITH LEAD AND BRASS TACK IN A CAST IRON RANGE
BOX BEARS NORTH 37 DEGREES 28 MINUTES 11 SECONDS EAST AS
ESTABLISHED ON THE RECORDED PLAT OF MINNEQUA INDUSTRIAL
PARK FIRST FILING ACCORDING TO THE RECORDED PLAT
THEREOF FILED FOR RECORD JANUARY 9, 1974 IN BOOK 1770 AT
PAGE 252 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND
RECORDER) A DISTANCE OF 3290.31 FEET, SAID POINT BEING THE
NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN
SPECIAL WARRANTY DEED RECORDED JANUARY 2, 1985 IN BOOK
2226 AT PAGE 614; THENCE NORTH 88 DEGREES 54 MINUTES 23
SECONDS EAST, ALONG THE NORTH LINE OF SAID TRACT, A
DISTANCE OF 1979.95 FEET TO THE NORTHEAST CORNER OF SAID
TRACT, SAID POINT BEING THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 88 DEGREES 54 MINUTES 23 SECONDS EAST,
A DISTANCE OF 338.02 FEET TO A POINT ON THE NORTHWESTERLY
LINE OF INTERSTATE 25; THENCE SOUTH 43 DEGREES 45 MINUTES
11 SECONDS WEST, ALONG SAID NORTHWESTERLY LINE, A
DISTANCE OF 70.52 FEET TO THE NORTHEAST CORNER OF THAT
TRACT OF LAND DESCRIBED IN QUIT CLAIM DEED RECORDED
FEBRUARY 2, 1977 IN BOOK 1875 AT PAGE 182; THENCE SOUTH 88
DEGREES 54 MINUTES 23 SECONDS WEST, ALONG THE NORTH LINE
OF SAID TRACT, A DISTANCE OF 288.36 FEET TO THE SOUTHEAST
CORNER OF SAID TRACT OF LAND DESCRIBED IN BOOK 2226 AT
PAGE 614; THENCE NORTH 01 DEGREES 00 MINUTES 44 SECONDS
WEST, ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 50
FEET TO THE POINT OF BEGINNING, COUNTY OF PUEBLO, STATE
OF COLORADO.
PARCEL III:
A TRACT OF LAND IN THE SOUTHWEST 1/4 OF SECTION 13,
TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M., MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SECTION 13,
TOWNSHIP 21 SOUTH, RANGE 65 WEST; THENCE NORTH 89°31'
EAST A DISTANCE OF 881.00 FEET, MORE OR LESS TO THE EAST
LINE PRODUCED SOUTHERLY OF THE ALLEY BETWEEN OAKLAND
AVENUE AND WYOMING AVENUE, IN BLOCK 38 OF EASTLAKE AS
SHOWN ON PLAT RECORDED IN THE OFFICE OF THE CLERK AND
RECORDER OF PUEBLO COUNTY, COLORADO ON MARCH 30, 1903
UNDER RECEPTION NO. 120613; THENCE SOUTH 0°29' EAST A
DISTANCE OF 51.6 FEET, MORE OR LESS, TO A POINT ON THE
SOUTH LINE OF MARYLAND AVENUE AS SHOWN ON THE
AFORESAID PLAT OF EASTLAKE; THENCE CONTINUING SOUTH 0°29'
EAST A DISTANCE OF 501.86 FEET TO THE PONT OF BEGINNING;
THENCE NORTH 89°31' EAST A DISTANCE OF 463.00 FEET TO A
POINT; THENCE SOUTH 0°29' EAST, A DISTANCE OF 298.14 FEET TO
A POINT; THENCE SOUTH 89°31' WEST, A DISTANCE OF 463.0 FEET
TO A POINT; THENCE NORTH 0°29' WEST A DISTANCE OF 298.14
FEET TO THE POINT OF BEGINNING, TOGETHER WITH AN
EASEMENT FOR INGRESS AND EGRESS AS CONVEYED IN
AGREEMENT RECORDED MAY 19, 1980 IN BOOK 2031 AT PAGE 840,
RECEPTION NO. 637218 OF THE RECORDS OF THE PUEBLO COUNTY
CLERK AND RECORDER, COUNTY OF PUEBLO, STATE OF
COLORADO.
PARCEL IV:
A TRACT OF LAND IN THE SOUTHWEST 1/4 OF SECTION 13,
TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M., MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SECTION 13,
TOWNSHIP 21 SOUTH, RANGE 65 WEST; THENCE NORTH 89°31'
EAST A DISTANCE OF 88.00 FEET, THENCE SOUTH 00°29' EAST
ALONG THE EAST LINE OF LAKE AVENUE AND THE EAST LINE OF
LAKE AVENUE EXTENDED, A DISTANCE OF 503.46 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 89°31' EAST, A DISTANCE OF
1980.15 FEET TO THE EAST R.O.W. LINE OF PINE STREET; THENCE
SOUTH 00°29' EAST, ALONG SAID EAST R.O.W. LINE OF PINE STREET
EXTENDED SOUTH, A DISTANCE OF 50 FEET; THENCE SOUTH 89°31'
WEST, A DISTANCE OF 1980.15 FEET TO THE EAST R.O.W. LINE OF
LAKE AVENUE; THENCE NORTH 00°29' WEST ALONG SAID R.O.W.
LINE OF LAKE AVENUE, A DISTANCE OF 50.00 FEET TO THE POINT
OF BEGINNING.
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 October 12, 2021.
Final adoption of Ordinance by City Council on October 25, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on October 26, 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: October 12, 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 1513300064, 1513300066, 1513300041, 1513300043 AND
1513300062 CURRENTLY ZONED B-2, B-3, B-4 AND R-2 TO B-3,
HIGHWAY AND ARTERIAL BUSINESS ZONE DISTRICT
SUMMARY:
The applicant is requesting to rezone approximately thirty-six (36) acres of land generally
located northeast of the intersection of West Pueblo Boulevard and Lake Avenue (parcels
1513300064, 15133000066, 1513300041, 1513300043, and 1513300062) currently
zoned B-2, B-3, B-4, and R-2 to B-3 Highway and Arterial Business Zone District.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property is located northeast of the intersection of West Pueblo Boulevard
and Lake Avenue and is currently unsubdivided. The site is currently undeveloped, and
a portion of the property has historically been developed with a drive-in movie theater.
The property is bounded by commercial and residential to the north and JJ Raigoza Park
to the north and east. The subject site is located adjacent to Interstate 25 to the east and
south, West Pueblo Boulevard to the south and Lake Avenue to the west. No development
is currently proposed; however, the applicant has indicated that future redevelopment
efforts will include commercial uses. The B-3 (Highway and Arterial Business District)
Zone district allows for a multitude of commercial uses including many retail and service-
oriented uses. Multifamily residential is a use by review in the B-3 Zone, requiring Special
Use Permit review and approval by the Zoning Board of Appeals prior to development.
The B-3, Highway and Arterial Business District is an appropriate zone district for the site
because of its location along West Pueblo Boulevard and proximity to Interstate 25.
Commercial, Mixed use and multifamily residential uses appear to be appropriate uses
for the site, encouraging transit-oriented development along major transportation
corridors within the city. The proposed concurrent subdivision creates three non-buildable
parcels to facilitate individual sale of the development sites, and one parcel dedicated for
public park purposes. Future developers will be required to resubdivide prior to
development on any of the three non-buildable parcels.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their August 11, 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 August 11, 2021 Public Hearing
Planning and Zoning Commission Staff Report with Attachments and Exhibits