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HomeMy WebLinkAbout10055 ORDINANCE NO. 10055 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO ST REZONE 19.75 ACRES SOUTH OF WEST 31 STREET AND EAST OF NORTH PUEBLO BOULEVARD FROM COUNTY A-1 AND B-3 TO CITY A-1, AGRICULTURAL ONE 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 County A-1 and B-3 to City A-1, Agricultural One: REZONE A-1 (COUNTY) AND B-3 TO A-1 (CITY) All of the South one-half of the Northwest one-quarter of the Northwest one-quarter th of Section 22, Township 20 South, Range 65 West of the 6 P,M. and a portion of st the South one-half of 31 Street as platted in Park West Business Campus, Filing No. 5, according to the recorded plat thereof, as filed for record on May 8, 2008 at Reception No. 1768305 in the County of Pueblo, State of Colorado, being more particularly described as follows: Commencing at Northwest corner of said Section 22, said point being on the west line of Park West Business Campus, Filing No. 7, according to the recorded plat thereof, as filed for record on March 16, 2012 at Reception No. 1901886 in the Pueblo County records and being on the east line of Colorado State Highway No. 45 as presently located; thence S. 00°32’37” E. along said the west line of said Section 22, the west line of said Park West Business Campus, Filing No. 7 and the east line of said Colorado State Highway No. 45, a distance of 656.75 feet to the st Centerline of 31 Street as Platted and the Point of Beginning; thence N. 88°41’55” E. along the said Centerline, a distance of 1,306.40 feet to the east line of the South one-half of the Northwest one-quarter of the Northwest one-quarter of said Section 22; thence S. 01°18’05” E. along said east line of the said South one-half, a distance of 655.96 feet to the Southeast corner of the said South one-half; thence S. 88°39’35” W. along the south line of the said South one-half, a distance of 1,315.09 feet to the Southwest corner of said South one-half and the east line of Colorado State Highway No. 45 as presently located; thence N. 00°32’37” W. along the west line of said South one-half and said east line of Colorado State Highway No. 45, a distance of 656.90 feet to the said Centerline and the Point of Beginning. Containing 19.75 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 November 8, 2021. Final adoption of Ordinance by City Council on November 22, 2021 . President of City Council Action by the Mayor: ☒ Approved on November 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 # S-9 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 8, 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 19.75 ST ACRES SOUTH OF WEST 31 STREET AND EAST OF NORTH PUEBLO BOULEVARD FROM COUNTY A-1 AND B-3 TO CITY A-1, AGRICULTURAL ONE SUMMARY: The applicant is requesting to rezone the 19.75-acre subject property from County A-1 and B-3 to City A-1, Agricultural One for no more than 10 years as agreed upon in the Annexation Agreement Case No. A-21-01 Pueblo Springs Apartments Annexation. PREVIOUS COUNCIL ACTION: th On October 25, 2021, City Council approved Resolution No. 14740 approving and adopting findings and determinations concerning the proposed annexation of the area commonly known as Pueblo Springs Apartments. BACKGROUND: The proposed rezoning contains the entire 19.75-acre Pueblo Springs Apartments Annexation property. The Pueblo Springs Apartments Annexation Ordinance is scheduled for final review and action by City Council on November 8, 2021. The applicant is proposing to rezone the property from an A-1 Agricultural zone district and B-3 in Pueblo County to an A-1, Agricultural One zone district in the City. The A-1, Agricultural One zone district will be an interim zoning classification until the time of development. The A-1, interim zoning following annexation, is allowed by Section 17-1-3, (e), of the Pueblo Municipal Code. According to the code, the annexation agreement may allow an A-1, Zone District for a specified period and no building permits may be issued while zoned A-1. The proposed annexation agreement allows for the A-1 zone district to continue for not more than 10 years and prohibits building permits from being issued until the property is rezoned to a zone district that is consistent with the Pueblo Comprehensive Plan. Following annexation, the applicant intends to subdivide the 19.75-acre parcel into two lots and rezone for multifamily development. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their October 13, 2021, Regular Meeting, voted 6-0 to recommend approval, Commissioner Pasternak absent. STAKEHOLDER PROCESS: The Planning Department sent a 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 October 13, 2021 Public Hearing Planning and Zoning Commission Staff Report with Attachments and Exhibits