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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