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HomeMy WebLinkAbout10077ORDINANCE NO. 10077 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 2314 SOUTH PRAIRIE AVENUE FROM R-2, SINGLE FAMILY TO BP, BUSINESS PARK 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 to BP, Business Park: PARCEL A: ALL THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF PUEBLO, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION, 66 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 407 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION, 55 FEET; THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID SECTION, 120 FEET; THENCE NORTH AND PARALLEL WITH THE WEST LINE OF SAID SECTION, 55 FEET; THENCE WEST 120 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF PUEBLO, STATE OF COLORADO. PARCEL B: ALL THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 66 FEET TO A POINT; THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SAID SECTION 14, A DISTANCE OF 264 FEET TO A POINT OF BEGINNING; THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SAID SECTION 14, A DISTANCE OF 143 FEET TO A POINT; THENCE EAST AND PARALLEL TO THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 120 FEET TO A POINT; THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SECTION 14, A DISTANCE OF 55 FEET TO A POINT; THENCE EAST AND PARALLEL TO THE NORTH LINE OF SECTION 14, A DISTANCE OF 507 FEET TO A POINT; THENCE NORTH AND PARALLEL TO THE WEST LINE OF SAID SECTION 14, A DISTANCE OF 198 FEET TO A POINT; THENCE WEST AND PARALLEL TO THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 627 FEET TO THE POINT OF BEGINNING, COUNTY OF PUEBLO, STATE OF COLORADO. CONTAINING XXXXX ACRES, ALSO KNOWN AS PARCEL 1514200051 IN THE RECORDS OF THE PUEBLO COUNTY ASSESSOR. CONTAINING A CALCULATED AREA OF 123,895 SQUARE FEET OR 2.844 ACRES. 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 December 13, 2021. Final adoption of Ordinance by City Council on December 27, 2021 . President of City Council Action by the Mayor: ☒ Approved on December 30, 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 Deputy City Clerk City Clerk’s Office Item # R-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: December 13, 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 2314 SOUTH PRAIRIE AVENUE FROM R-2, SINGLE FAMILY TO BP, BUSINESS PARK SUMMARY: The applicant is requesting to rezone the 2.844-acre parcel located at 2314 S. Prairie Avenue (unsubdivided) from R-2, Single Family Residential to BP-Business Park to facilitate development of “rental spaces” consisting of six structures with floor areas between 3,000 and 4,800 square feet. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property was annexed into the city in 1972 (Ordinance 3646) and was zoned R-2, Single Family Residential upon annexation. The site is adjacent to Prairie Avenue, which is classified as a principal arterial street, reserved for “fast or heavy traffic” (Pueblo Municipal Code § 12-4-3, (9), b.). Single family residential development is generally not an appropriate use adjacent to a heavy traffic street. Properties located adjacent to this property, consist of personal storage, single-family residential, religious, and building supply retail. The proposed Business Park Zone District allows for retail, office, and warehouse uses, which are more appropriate along a principal arterial street. The applicant’s preliminary site plan shows six structures, three situated adjacent to the north property line and three situated adjacent to the southern property line. The eastern portion of the site will be reserved for fenced outdoor storage. The BP Zone District allows for commercial storage uses; however, it requires that all structures be constructed 100 feet from a residential zone district. The applicant may choose to revise the site plan to meet the district requirements or request a variance since the property to the south is zoned for single-family but is used as a church. The applicant is concurrently requesting to subdivide the property into a one lot subdivision to facilitate development of “rental spaces”. The proposed 123,968 square foot lot size and the 198-foot lot width meet the minimum size and width for a lot within a BP Zone District. The property is designated in the Pueblo Regional Comprehensive Plan (“Plan”) as Arterial Commercial Mixed Use, which calls for retail sales, personal services and some office space intermixed. The Plan notes that compatible land uses other than heavy industrial uses are not prohibited. The proposed development will provide large storage options for lease, which is not incompatible with the building supply enterprise to the west, storage uses to the north. Proper buffers and screening will be required along the east and south property lines adjacent to the church and single-family homes. No heavy industrial uses will be allowed. The applicant will be required to comply with the BP Zone District Performance Standards (Sec. 17-4-5) to reduce impacts of development on the surrounding neighborhoods. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their April 14, 2021 Regular Meeting, voted 6-0 to recommend approval, Commissioner San Filippo-Rosser 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 April 14, 2021 Public Hearing Planning and Zoning Commission Staff Report with Attachments and Exhibits