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HomeMy WebLinkAbout10321 ORDINANCE NO. 10321 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE A PORTION OF LOTS 15, 16, 17, AND ALL OF 18 TO 21, BLOCK 2, DELAVAN PLACE SUBDIVISION FROM B-4, CENTRAL BUSINESS DISTRICT TO R-5, MULTIPLE RESIDENTIAL AND OFFICE 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-4 Central Business District to R-5, Multiple Residential and Office Zone District: LOTS 15, 16 AND 17, EXCEPTING THAT PORTION CONVEYED TO THE DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, A DELAWARE CORPORATION BY DEED RECORDED NOVEMBER 21, 1921 IN BOOK 529 AT PAGE 92, AND LOTS 18 TO 21, INCLUSIVE, BLOCK 2, DELAVAN PLACE, COUNTY OF PUEBLO, STATE OF COLORADO SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this 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 24, 2022. Final adoption of Ordinance by City Council on November 14, 2022 . President of City Council Action by the Mayor: ☒ Approved on November 17, 2022 . □ 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 # R4 Background Paper for Proposed Ordinance October 24, 2022 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE A PORTION OF LOTS 15, 16, 17, AND ALL OF 18 TO 21, BLOCK 2, DELAVAN PLACE SUBDIVISION FROM B-4, CENTRAL BUSINESS DISTRICT TO R-5, MULTIPLE RESIDENTIAL AND OFFICE DISTRICT SUMMARY: The applicant is requesting to rezone one parcel (.5 acres), located in the Corona th Park/Blocks neighborhood just southeast of 4 Street and Chapa Place from B-4, Central Business District to R-5, Mixed-Residential and Office District to facilitate the development of a new apartment complex. The applicant is concurrently requesting to vacate portions of Sumner Avenue, Pearl Street and Burdette Avenue and is also requesting a rearrangement of property boundaries (RPB-22-08). PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting to rezone the .5-acre property from B-4 to R-5, Mixed Residential District to support the construction of a new apartment complex. The site is located in the Corona Park/Blocks neighborhood just southeast of 4th Street and Chapa Place. The purpose of the R-5 Zone District is “designed to retain and provide areas of high-density multifamily dwelling unit structures with limiting commingling of professional offices and studios.” The applicant’s intended use is categorized as “Residence, multifamily” and is a Use By Right in the proposed R-5 Zone District. The area is designated as Parks and Open Space Land Use Category since it was recently owned by the Pueblo Conservancy District. This parcel is zoned B-4 and after being rezoned will be combined into a 3.1-acre development site through a rearrangement of property boundaries. The applicant is concurrently applying to vacate Pearl, portions Sumner, and Burdette streets while providing easements for access and utilities to complete the development site. The applicant has provided a conceptual site plan detailing a six story, 97-unit apartment building with a 18,745 square foot footprint with an expansive parking lot surrounding the building. The applicant will be providing 145 parking spaces or 1.45 per unit. The development will require a rearrangement of property boundaries, as well as an approved development agreement with the City of Pueblo before a building permit can be issued. The property is also required to have 50% of the parcel in landscaped open space since the proposed building is more than four stories. If a public park is within ¼ mile of the property, the applicant can pay cash in lieu of an open space dedication for the portion of the open space dedication that is under the 50% requirement. The proposed rezoning is not in full conformance with the Pueblo Regional Comprehensive Plan but is in conformance with the existing pattern of development in the immediate area and the adjacent category most representative of its development potential. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their September 14, 2022 Regular Meeting, voted 5-0 to recommend approval. Commissioners Martinez and 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 will 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: 1. Z-22-13 Bluffs Rezoning