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HomeMy WebLinkAbout10621ORDINANCE NO. 10621 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE APPROXIMATELY THREE ACRES OF LAND GENERALLY LOCATED AT 1725 WEST PUEBLO BOULEVARD FROM B-3, HIGHWAY AND ARTERIAL BUSINESS ZONE DISTRICT AND A-4, AGRICULTURAL FOUR ZONE DISTRICT TO B-4, REGIONAL BUSINESS ZONE 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-3, Highway and Arterial Zone District and A-4, Agricultural Four Zone District to B-4, Regional Business Zone District: LOTS 1 THROUGH 15 AND 24 THROUGH 46 BLOCK 5, "SUNNY SIDE, A RESUBDIVISION OF LAKE GARDENS", RECEPTION NO. 113110, BOOK 9 PAGE 24 OF THE RECORDS OF PUEBLO COUNTY, COLORADO, TOGETHER WITH NORTH HALF OF ALLEY ADJACENT TO LOTS 1 THROUGH 15 AND THE SOUTH HALF OF SAID ALLEY ADJACENT TO LOTS 24 THROUGH 46 VACATED BY ORDINANCE #4947 RECORDED IN BOOK 2107 AT PAGE 377 OF SAID COUNTY RECORDS, LOCATED WITHIN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, T21S, R65W OF THE 6TH P.M., CITY OF PUEBLO, PUEBLO COUNTY, COLORADO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF AFORESAID LOT 1, BLOCK 5, SAID POINT BEING THE NORTHEAST INTERSECTION OF PUEBLO BOULEVARD AND GRETNA DRIVE; THENCE N01°00'08"W ALONG THE EAST RIGHT-OF WAY LINE OF GRETNA DRIVE, 263.97 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF RENO AVENUE; THENCE N88°59'57"E ALONG SAID SOUTH LINE, 284.46 FEET TO THE NORTHEAST CORNER OF LOT 36; THENCE CONTINUING N88°59'20"E ALONG SAID SOUTH LINE, 309.29 FEET TO THE WEST RIGHT-OF-WAY LINE OF PALMER AVENUE; THENCE S01°00'22"E ALONG SAID WEST LINE, 131.94 FEET; THENCE S88°59'35"W A DISTANCE OF 209.41; THENCE S00°59'00"E A DISTANCE OF 132.06 FEET TO THE SOUTHEAST CORNER OF LOT 15 BLOCK 5, SAID POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF PUEBLO BOULEVARD; THENCE S88°59'54"W ALONG SAID NORTH LINE, 384.30 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS A CALCULATED AREA OF 129,079 SQUARE FEET (2.963 ACRES, MORE OR LESS). BASIS OF BEARINGS: A PORTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF PUEBLO BOULEVARD, MONUMENTED AT THE SOUTHWEST CORNER OF LOT 16 BLOCK 5 "SUNNY SIDE, A RESUBDIVISION OF LAKE GARDENS" WITH A No. 5 REBAR WITHOUT A CAP FROM WHENCE THE SOUTHWEST CORNER OF SAID BLOCK 5 MONUMENTED BY A GREEN PLASTIC CAP STAMPED "38245" BEARS S88°59'54"W A DISTANCE OF 384.30 FEET. THE UNIT OF MEASUREMENT IS THE US SURVEY FOOT. 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 November 27, 2023. Final adoption of Ordinance by City Council on December 11, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on December 18, 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 # S1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 11, 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 APPROXIMATELY THREE ACRES OF LAND GENERALLY LOCATED AT 1725 WEST PUEBLO BOULEVARD FROM B-3, HIGHWAY AND ARTERIAL BUSINESS ZONE DISTRICT AND A-4, AGRICULTURAL FOUR ZONE DISTRICT TO B-4, REGIONAL BUSINESS ZONE DISTRICT SUMMARY: The applicant is requesting to rezone approximately three acres generally located at 1725 West Pueblo Boulevard from B-3, Highway and Arterial Business Zone District and A-4, Agricultural Four Zone District to B-4, Regional Business Zone District to facilitate commercial uses in this currently vacant area. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This rezone site spans just under three acres of land northeast of the intersection of West Pueblo Boulevard and Gretna Avenue and includes six different parcels. Pueblo Urban Renewal Authority owns the largest of the parcels, which they acquired in 2011 in exchange for providing financial assistance with the construction of the Minnequa Fire Station and related site improvements. The rezoning area is located north and east of the former Brass Saddle bar, which closed about two years ago. The applicant intends to demolish this building for their intended new commercial construction project that would be permitted under the proposed B-4 Regional Business zoning. The applicant’s tentative site plan proposes a tire shop and a drive- thru coffee shop; both are uses by right in a B-4 Zone District. When staff requested review comments from the other city departments, both City Transportation and the Colorado Department of Transportation made comment on their site plan regarding vehicular access from Lakeshore Drive. However, neither department has concerns about the rezoning case, and the applicant intends to implement the proposed changes during the Commercial Site Plan Review process. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their November 8, 2023 Regular Meeting, voted 6-0 to recommend approval, Commissioner Martinez 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-23-09 Attachments