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HomeMy WebLinkAbout10639ORDINANCE NO. 10639 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE APPROXIMATELY 71.75 -ACRES IF A-4, AGRICULTURAL FOUR TO R-1, SINGLE FAMILY RESIDENTIAL (53.07-ACRES) AND R-2 SINGLE FAMILY RESIDENTIAL (18.05- ACRES) LOCATED IN THE WESTERN PORTION OF THE VENTANA MASTER PLAN, 2002, AND WITHIN THE PROPOSED VENTANA ESTATES OVERALL DEVELOPMENT PLAN AREA 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 A-4, Agricultural Four Zone District to R-1, Single Family Residential and R-2, Single Family Residential Zone Districts: R-1, Single Family Residential Zone District: A parcel of land located in the Northeast one-quarter of Section 17, Township 21 South, Range 65 West of the 6th Principal Meridian, in the County of Pueblo and State of Colorado, and being more particularly described as follows: Considering the East line of the Northeast one-quarter of Section 17 to bear N. 00°04’53" W., and all bearings contained herein being relative thereto. Commencing at the north quarter corner of said Section 17; thence S 00°10’47” E a distance of 764.22 feet along the west line of the Northeast one-quarter of said Section 17 to the TRUE Point of Beginning; thence S 89°52’10” E a distance of 157.72 feet; thence along the arc of a tangent curve to the left whose radius is 500.00 feet, a distance of 315.54 feet, delta of 36°09’29”; thence N58°14’06” E a distance of 104.83 feet; thence along the arc of a tangent curve to the right whose radius is 500.00 feet, a distance of 318.03 feet, delta of 36°26’36”; thence S 89°35’03” E a distance of 115.28 feet; thence along the arc of a tangent curve to the left whose radius is 500.00 feet, a distance of 356.80 feet, delta of 40°53’11”; To a point on a line being the 25-feet offset west of the western Zone A boundary for the Goodnight Arroyo as delineated on the FEMA NFIP Flood Insurance Rate Map (version 2.3.3.2; map 08101C0706D; August 15, 2019), said line subject to revision based on updated Zone A delineation; Thence along said western offset boundary the following Twenty-four (24) courses; 1. thence S 15°40’54” W a distance of 56.70 feet; 2. thence S 07°14’05” W a distance of 93.04 feet; 3. thence S 54°26’59” W a distance of 54.65 feet; 4. thence S 37°38’21” E a distance of 33.55 feet; 5. thence S 48°31’45” W a distance of 35.86 feet; 6. thence S 03°36’35” W a distance of 121.21 feet; 7. thence S 50°12’38” E a distance of 31.48 feet; 8. thence S 16°50’48” W a distance of 151.40 feet; 9. thence S 19°51’17” W a distance of 71.78 feet; 10. thence S 09°41’56” W a distance of 205.32 feet; 11. thence S 42°46’48” W a distance of 30.28 feet; 12. thence S 08°31’59” W a distance of 87.26 feet; 13. thence S 16°32’17” E a distance of 122.42 feet; 14. thence S 38°32’16” E a distance of 17.80 feet; 15. thence S 24°45’50” W a distance of 98.67 feet; 16. thence S 13°22’39” E a distance of 269.57 feet; 17. thence S 16°07’23” W a distance of 134.09 feet; 18. thence S 07°35’14” E a distance of 145.47 feet; 19. thence S 42°00’50” E a distance of 85.20 feet; 20. thence S 07°34’15” W a distance of 127.48 feet; 21. thence S 41°12’36” W a distance of 117.45 feet; 22. thence S 14°03’51” W a distance of 198.51 feet; 23. thence S 06°13’49” E a distance of 73.25 feet; 24. thence S 04°42’42” W a distance of 95.97 feet to a point on the south line of the Northeast one-quarter of said Section 17; thence N 89°34’45” W a distance of 1043.17 feet along said south line to the Center Corner of said Section 17; thence N 00°10’47” W a distance of 1,916.09 feet along the west line of the Northeast one-quarter of said Section 17 to the point of beginning. Said parcel contains 53.709 acres more or less. R-2, Single Family Residential Zone District: A parcel of land located in the Northeast one-quarter of Section 17, Township 21 South, Range 65 West of the 6th Principal Meridian, in the County of Pueblo and State of Colorado, and being more particularly described as follows: Considering the East line of the Northeast one-quarter of Section 17 to bear N. 00°04’53" W., and all bearings contained herein being relative thereto. Beginning at the north quarter corner of said Section 17; thence S 89°39’25” E a distance of 1,377.24 feet; along the north line of said Section 17; To a point on a line being the 25-feet offset west of the western Zone A boundary for the Goodnight Arroyo as delineated on the FEMA NFIP Flood Insurance Rate Map (version 2.3.3.2; map 08101C0706D; August 15, 2019) said line subject to revision based on updated Zone A delineation; Thence along said western offset boundary the following Five (5) courses; 1. thence S 00°35’39” E a distance of 42.66 feet 2. thence S 23°45’51” W a distance of 48.47 feet; 3. thence S 61°44’34” W a distance of 59.79 feet; 4. thence S 09°20’32” E a distance of 100.03 feet; 5. thence S 11°31’03” W a distance of 180.73 feet; thence along the arc of a non-tangent curve to the right whose radius is 500.00 feet, a distance of 356.80 feet, delta of 40°53’11”, chord bearing S 69°58’21” W a distance of 349.28 feet; thence S 89°35’03” E a distance of 115.28 feet; thence along the arc of a tangent curve to the left whose radius is 500.00 feet, a distance of 318.03 feet, delta of 36°26’36”; thence N58°14’06” E a distance of 104.83 feet; thence along the arc of a tangent curve to the right whose radius is 500.00 feet, a distance of 315.54 feet, delta of 36°09’29”; thence S 89°52’10” E a distance of 157.72 feet to a point along the west line of the Northeast one-quarter of said Section 17; thence N 00°10’47” W a distance of 764.22 feet along the west line of the Northeast one-quarter of said Section 17 to the point of beginning. Said parcel contains 18.054-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 January 08, 2024. Final adoption of Ordinance by City Council on January 22, 2024. APPROVED: PRESIDENT OF CITY COUNCIL Action by the Mayor: ☒ Approved on January 30, 2024 . ☐ 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 # P1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 22, 2024 TO: President Mark Aliff 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 71.75 -ACRES IF A-4, AGRICULTURAL FOUR TO R- 1, SINGLE FAMILY RESIDENTIAL (53.07-ACRES) AND R-2 SINGLE FAMILY RESIDENTIAL (18.05-ACRES) LOCATED IN THE WESTERN PORTION OF THE VENTANA MASTER PLAN, 2002, AND WITHIN THE PROPOSED VENTANA ESTATES OVERALL DEVELOPMENT PLAN AREA SUMMARY: The applicant is requesting to rezone the western portion of the 2002 Ventana Annexation area from A-4, Agricultural Four to R-1, Single Family Residential and R-2, Single Family Residential. If approved, the southern 53.7-acres of land, will be rezoned R-1, and the northern 18.05 acres will be rezoned to R-2. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The area proposed to be rezoned was annexed into the City in 2002. Following annexation, the area west of the arroyo was zoned A-4, Agricultural Four, and the eastern portion was zoned A-1, Agricultural One. In 2003, the eastern portion of the annexation site was rezoned to R-1, Single Family Residential, R-2, Single Family Residential, and B-2, Subregional Business District and subdivided into single-family residential lots, one large lot for single-family attached, and one commercial lot. In 2008, the southern portion of the eastern Ventana development area was rezoned from R-2 and B-2 to R-2U and re-subdivided to facilitate development of single-family attached homes, all zoning provisions for commercial uses were removed. The applicant is requesting to rezone the Ventana Annexation area, west of the arroyo, to R-2 and R-1, Single Family Residential to facilitate townhome and single-family development. The applicant is proposing to construct a maximum of 170 single-family homes on the 53.7-acres proposed to be zoned R-1. The proposed R-2 area is 18.05- acres and the developer proposes to construct a maximum of 96 townhomes. The arroyo and a small portion of the area east of the arroyo will maintain the existing A-4 Zone District. At the time of subdivision, dedicated parks, within the development, will most likely be rezoned to S-1, Government Use District, the arroyo and open space east of the arroyo may be rezoned also. The proposed gross residential density based on the area being rezoned to R-1 and R-2 is 3.7 units per acre, which is within the density range of two to five dwelling units per acre as prescribed by the Suburban Land Use Designation of the Pueblo Regional Comprehensive Plan, 2022. The gross density is calculated by dividing the total number of proposed dwelling units by the total acreage included in the rezone request (266 dwelling units/71.75-acres). In both the 2002 and the proposed Ventana Master Plans, all residential traffic from the western portion of the Ventana development will be routed through the existing Ventana Development. Traffic traveling to the northeast will navigate through Ventana Filing No. 1 to reach the full movement Bandera Parkway and Highway 78 Intersection. Since the townhomes are proposed to be constructed north of the future Sienna Drive, it is assumed that most of the townhome traffic will head east on Sienna Drive to reach Bandera Parkway. Seinna Drive is classified as a Mixed-Use Collector roadway and is designed to accommodate a maximum 10,000 vehicle trips per day. All existing residences constructed adjacent to the south side of Sienna Drive front Terracina Place and no driveway access for these homes is allowed from Sienna Drive. Sienna Drive is a Mixed-Use Collector roadway and is intended to collect traffic from nearby local roadways and provide a delineation between the townhomes, R-2 Zone District, and single-family residences, R-1 Zone District. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their December 13, 2023 Regular Meeting, voted 7-0 to recommend approval. 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-23-03 Attachments \\