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HomeMy WebLinkAbout10531ORDINANCE NO. 10531 AN ORDINANCE APPROVING A SPECIAL AREA PLAN FOR THE DFB SUBDIVISION WHEREAS, a request for a Special Area Plan for DFB Subdivision, A Special Area Plan, has been submitted to the Planning and Zoning Commission for approval pursuant to Section 17-4-29 of the Pueblo Municipal Code, and, WHEREAS, the Planning and Zoning Commission after a public hearing found and determined the objectives and requirements of said Section 17-4-29 can and will be met, and, WHEREAS, the Planning and Zoning Commission has recommended the approval of the Special Area Plan for DFB Subdivision, A Special Area Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Special Area Plan for: 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. attached hereto, is hereby approved. SECTION 2. The DFB Subdivision, A Special Area Plan is approved without conditions. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. 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 # R5 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 APPROVING A SPECIAL AREA PLAN FOR THE DFB SUBDIVISION SUMMARY: The applicant is requesting approval of a Special Area Plan for the DFB Subdivision, which subdivides 4.64-acres into four multifamily residential lots, a trail utility, drainage, and access parcel, a non-buildable parcel, and a reduction in front and rear-yard setbacks. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting to rezone 3.736-acres of land located east of the Village Circle cul-de-sac from O-1 to R-4 (Z-22-20) and is also requesting to subdivide 4.64-acres into four multifamily residential lots (S-22-14). 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 DFB Subdivision, A Special Area Plan, is a proposed 4.64-acre multifamily residential subdivision located east of the Village Circle terminus. The land is unimproved and not previously subdivided. The applicant is requesting to subdivide the land into four large lots to facilitate development of multifamily residential structures. 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. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their June 14, 2023 Regular Meeting, voted 5-1 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: If City Council does not approve this Ordinance, a Special Area Plan will not be created. 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. SAP-23-01 Attachments