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Home My WebLink About10530ORDINANCE NO. 10530 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE LAND LOCATED EAST OF THE VILLAGE CIRCLE CUL-DE-SAC FROM O-1, NEIGHBORHOOD OFFICE DISTRICT TO R-4, MIXED RESIDENTIAL 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 O-1, Neighborhood Office District to R-4, Mixed Residential District: BEGINNING at the northwest corner of said Lot 20, thence N70°47'17"E, along the north line of said Lot 20, (Basis of bearings is the southeastern line of the property, monumented on the northeast by No. 5 rebar with a yellow plastic cap, stamped "PLS 6128", flush with grade and on the southwest by No. 5 rebar with a yellow plastic cap, stamped "PLS 6128", 0.2 feet above grade, measured to bear S38°50'09"W, a distance of 883.61 feet), a distance of 94.78 feet, to the northeast corner of said Lot 20; thence N10°16'44"W, along the easterly boundary line of the University Park Subdivision, Filing Number 4, recorded June 10, 1977 as Reception Number 545590 in the records of said Clerk and Recorder, a distance of 60.85 feet, to the southeast corner of Parcel E as described in that Warranty Deed recorded September 6, 1995 as Reception Number 1092326 in the records of said Clerk and Recorder; thence along the south line of said Parcel E, N87°22'43"E, a distance of 485.83 feet, to a point on the northwesterly line of that parcel described as South Parcel in that Quit Claim Deed recorded June 8, 1994 as Reception Number 1047102 in the records of said Clerk and Recorder; thence S38°50'09"W, along said northwesterly line a distance of 883.61 feet, to the westerly corner of said South Parcel; thence N07°30'28"E, along the east boundary line of said University Park Subdivision, Filling Number 17, a distance of 482.31 feet, to the southeast corner of said Lot 20; thence S70°54'51"W, along the south line of said Lot 20, a distance of 36.97 feet, to the southwest corner of said Lot 20; thence N19°12'46"W, along the west line of said Lot 20, a distance of 115.31 feet, to the POINT OF BEGINNING. Containing 162,729 Sq. Ft. or 3.736 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 July 24, 2023. Final adoption of Ordinance by City Council on August14, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on August 17, 2023 . ☐ 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 COUNCIL MEETING DATE: August 14, 2023 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 LAND LOCATED EAST OF THE VILLAGE CIRCLE CUL-DE-SAC FROM O-1, NEIGHBORHOOD OFFICE DISTRICT TO R-4, MIXED RESIDENTIAL DISTRICT SUMMARY: The applicant is requesting to rezone 3.736-acres of land located east of the Village Circle cul-de-sac, from O-1, Neighborhood Office District to R-4, Mixed Residential District. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting to subdivide 4.64-acres into four multi-family residential lots (S-22-14) and is also requesting to create a Special Area Plan (SAP-23- 01). The City staff has submitted an ordinance for final reading on July 24, 2023 requesting to change the name of Sunflower Drive to Winecup Drive (SNC 23-01). This street will connect from Bluestem Boulevard within the University Park neighborhood to the proposed subdivision. BACKGROUND: The applicant is requesting to rezone the property to a R-4 Zone District to facilitate development of multifamily residential units on four large lots. The applicant is requesting to reduce the front and rear-yard setbacks through a Special Area Plan. The proposed front setback will be 20-feet instead of the required 25-feet. The proposed rear-yard setback will be five feet instead of the required 15-feet. Multifamily residential uses are permitted uses in the R-4 Mixed Residential District. Development standards within this zone district require residential structures containing three to five dwelling units to have a minimum of 1,500 square feet of lot area per dwelling unit. Residential structures with six or more dwelling units require 8,000 square feet of lot area or 1,000 square feet of lot area per dwelling unit, whichever is greater. Twenty percent of each lot must provide landscaped open space for the residents. The area to be rezoned is designated as Suburban “Residential by the “Pueblo Regional Comprehensive Plan, 2022.” According to the Comprehensive Plan, Suburban Neighborhoods are predominantly single-family detached and attached homes on similarly sized lots and future development accommodates a similar mix of lot sizes and housing types. New neighborhoods should be designed with a mix of housing types and pedestrian and bicycle connectivity should be provided within and between neighborhoods. Supporting land uses can include accessory dwelling units, single-family attached homes, duplexes, and townhouses. The recommended density for Suburban Neighborhoods is two or five units per acre. The proposed multifamily development with four multifamily residential lots provides a mixture of housing types as promoted by the Comprehensive Plan; however, the proposed 36 dwelling units equals a gross density of approximately 7.75 units per acre, which exceeds the maximum recommended density. Additionally, the proposed lots provide enough lot area, as required by the R-4 Zone District, to accommodate up to 112 residential units, resulting in 24-units per acre. The Special Area Plan sets a maximum of 86 residential units resulting in a possible gross density of 18.49 units per acre. The property is included within the “Amended University Park Master Plan,” which was approved in January 1987. The plan indicates commercial uses to be developed to the west of the site; however, multifamily and duplex units were actually developed. The land use portion of the master plan does not state what uses are most appropriate for the subject property. On February 23, 1987 the subject property was rezoned to O-1. The staff findings indicated that the Pueblo Comprehensive Plan designated the area as “Urban Residential,” which provides areas of higher density residential. The staff report’s findings concluded that the rezoning was in compliance with the Comprehensive Plan. The O-1 rezoning was proposed to serve as a buffer between the commercial uses located south of the subject property and the single-family residences located in the University Park development north of the property. The office uses were never developed on subject property. The proposed multifamily residential uses would be an extension of the existing multifamily uses that are located west of the site. Parcel A containing a drainage and trail easement, in addition to the existing 225- foot-wide drainage easement located north of the subject site, provides a natural buffer between the proposed multifamily and single-family residential uses located north of the site, in the University Park neighborhood. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their June 14, 2023 Regular Meeting, voted 6-0 to recommend approval, Commissioner Martinez recused. 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: 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-22-20 Attachments