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HomeMy WebLinkAbout10560ORDINANCE NO. 10560 AN ORDINANCE AMENDING ZONING RESTRICTIONS FROM R-4, MIXED RESIDENTIAL ZONE DISTRICT TO RCN, RESIDENTIAL CHARTER NEIGHBORHOOD ZONE DISTRICT FOR 945 EAST ROUTT AVENUE 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-4, Mixed Residential Zone District to RCN, Residential Charter Neighborhood Zone District: S 23 FT LOT 13 BLK 29 BESSEMER + N 10 FT OF SUMMIT AVENUE ADJ 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 September 11, 2023. Final adoption of Ordinance by City Council on September 25, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on _September 27, 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 # S6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 25, 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 FROM R-4, MIXED RESIDENTIAL ZONE DISTRICT TO RCN, RESIDENTIAL CHARTER NEIGHBORHOOD ZONE DISTRICT FOR 945 EAST ROUTT AVENUE SUMMARY: The applicant is requesting to rezone its property containing approximately 3,000 square feet, located at 945 East Routt Avenue, from a R-4, Mixed Residential Zone District to a RCN, Residential Charter Neighborhood Zone District to facilitate the conversion of the building into four apartment units. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting the City to vacate a ten-foot by one hundred and twenty-three-foot strip of Summit Avenue right-of-way. (V-23-02) BACKGROUND: The building, constructed before 1893, includes the original two-story section which will house two, two-bedroom units and the second-story section which will house a one- bedroom unit. The second story will also include an addition for a second one-bedroom unit. All access to the units will be gained from Summit Avenue and the entryway on Routt Avenue will remain closed. The applicant is not planning on expanding any of the first-floor footprint of the building. New surface treatments will be added to the building to meet the Multifamily Housing Development and Design Standards and it will be rebranded ‘The Eureka’ to honor the African American lodge that met there historically. The property at 945 East Routt first appears on Sanborn Fire Insurance maps in 1893 and served as a neighborhood mixed use building for over one hundred years. The property was at various times a retail shop, mortuary, and housed a long running fraternal hall, The Eureka Lodge, which housed one upstairs residential unit. The new owner purchased the building from the Eureka Lodge in 2015 and seeks to convert the building into a four-unit apartment building. The change of use from mixed use/single family residential to multifamily requires compliance with all zoning codes. The property does not meet the minimum lot width and area required by the RCN Zone District for multifamily residential. To increase lot width and area, the applicant has applied for a 10-foot vacation of Summit Avenue right of way increasing the parcel width to 33-feet, meeting the minimum 25-foot width required for the RCN Zone District and increasing the lot area to 4,059 square feet. The vacation case (V-23-02) was heard on May 10, 2023 by the Planning and Zoning Commission and the commission recommended approval to City Council contingent upon City Council’s approval of the RCN rezoning. The Summit Avenue vacation increases the parcel area to 4,026 square feet, which meets the minimum lot size for single-family residential or commercial use in the RCN Zone District. However, the parcel is 1,974 square feet less than the required 6,000 square feet for four residential dwelling units. The applicant requested variances from the minimum 6,000 square foot lot area requirement (ZBA-23-24), a parking variance from six required on-site parking spaces to zero spaces (ZBA-23-32), and a setback variance to facilitate the existing building for the development of the four dwelling units. These variances were approved by the Zoning Board of Appeals on August 22, 2023. The variances will allow the applicant to redevelop the property with four residential dwelling units. The variance for lot area is not required for the parcel to be rezoned to RCN or to facilitate development of other permitted uses in the RCN Zone District; therefore, the lot area variance will not be a condition of rezoning. Applications for RCN, Residential Charter Neighborhood and CCN, Commercial Charter Neighborhood rezonings that promote redevelopment in Bessemer have been approved by City Council for over a decade. A similar historic mixed-use building was rezoned to a CNN, Commercial Charter Neighborhood zone district, located one block to the east at 1001 East Evans to accommodate a residence and engineering office. Figure D shows a neighborhood overview map of RCN and CCN rezonings in the immediate Bessemer area indicating there have been two CCN and one RCN rezonings within four blocks of 945 East. Routt Avenue. The proposed rezoning will reactivate a large vacant building and expand housing options, both goals of the Pueblo Comprehensive Plan. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their August 9, 2023 Regular Meeting, voted 5-0 to recommend approval, Commissioners Aznar 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-23-08 Attachments