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HomeMy WebLinkAbout06297Reception 1208822 03/12/1998 ORDINANCE NO. 6297 AN ORDINANCE APPROVING LOPEZ ADDITION SPECIAL AREA PLAN WHEREAS, the Lopez Addition Special Area Plan has been submitted to the the Planning and Zoning Commission for approval pursuant to Section 17 -4 -29 of the 1971 Code of Ordinances, 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 Lopez Addition Special Area Plan without conditions: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Lopez Addition Special Area Plan is approved. SECTION 2. .This'ordinance shall become effective immediately upon final passage and approval. INTRODUCED February 9 1998 By John Verna Councilperson APPROVED U President f th Council 128/98 City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: January 27, 1998 TO: Pueblo Citv Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. SAP- 97 -7 -- SPECIAL AREA PLAN- -LOPEZ ADDITION SOUTHEAST CORNER SALEM AVENUE AND YORKSHIRE ROAD SYNOPSIS BACKGROUND: The applicant, in conjunction with a concurrently submitted Subdivision (S- 97 -26), proposes to create a 5 -lot Special Area Plan for four -plex development which utilizes a common area among five lots. ISSUES: No significant issues have been identified by staff. Development concerns are expressed in the accompanying subdivision. Approval of the proposal will promote development of the property. Approval is contingent on acceptance of the accompanying subdivision (S- 97 -26). RECOMMENDATION: The Commission recommends approval by a-7 -0 vote. GENERAL INFORMATION Applicant: John R. Lopez Owner of Property: Same Location: Southwest Corner, Salem Avenue and Yorkshire Road (See Attached ZONING /LOCATION MAP). Size: 0.78 Acres Existing Zone: R -5 /Multiple Family Residential. Request: Special Area Plan. Purpose: Multi - Family Residential Development. Existing Land Use: Vacant Land and Four -flex (Under Construction) (See Attached SITE PHOTO). 211 E. "D" Street, P.O. Box 1427 9 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 Pueblo City Council Case No. SAP -97 -7 January 27, 1998 Page Two Surrounding Land Use /Zoning: Applicable Regulations SPECIAL INFORMATION Public Utilities: NORTH -- Single and Multi - Family Residences /R -2/R -5 SOUTH -- Vacant Land /R -5 EAST - -Four Plexes and Apartments /R -4 WEST -- Vacant Land /R -5 Minimum standards for a Special Area Plan, are contained in Section 17 -4 -29 of the City of Pueblo Code of Ordinances. -- Water: The area of the proposal is presently serviced. The proposal will have no effect on existing water pressure (109 p.s.i.). It is the Board's understanding that the lots within this Special Area Plan will be served from a private main(s) within the Special Area Plan (L. Huffstutter, 12/08/97). -- Sanitary Sewer: Sanitary sewers exists in the area which can adequately accommodate additional flow generated by the proposal. A private sanitary sewer main extension will be required to serve this subdivision (R. Morgan, 12/15/97). - -Storm Sewer: There is no existing storm sewer in the area. There is, however,- surface drainage. On -site detention is required. A drainage plan has been submitted with the subdivision (R. Morgan, 12/15/97). Transportation: Existing traffic flow is "good." The proposal will not significantly affect traffic conditions (D. Centa, 6/20/97). Comprehensive/ Area Plans: The Pueblo Regional Comprehensive Plan's "Land Use" Map identifies this area as "residential" land use. Planning: A memorandum to the Commission from the Subdivision Review Committee dated (1/7/98) states as follows: "This plat was submitted in accordance with City Ordinance No. 6192, in which public improvement plans and certain other required comments have not been provided for review. If the plat is "conditionally" approved by City Council, the recording of the plat will not take place until the final improvement plans, off -site easements, covenants and subdivision improvement agreement are submitted and approved by the Director of Public Works." Pueblo City Council Case No. SAP -97 January 27, 1996 Page Three "All plans must be submitted and approved by the Director of Public works within one (1) year of the date of conditional approval by City Council. No building permits will be issued for any structure or building within the subdivision until all required documents have been approved by the Director of Public Works. The plat generally meets the subdivision ordinance requirements. There are some changes that need to be made on the Plat. When the final submittal is made, a phasing plan showing the limits and timing for construction of the required public improvements such as storm water detention, paved parking and sidewalks will be required. The reason for the Special Area Plan is to allow shared parking on a commonly owned parcel. Covenants concerning the maintenance of improvements on this parcel will be required. The Subdivision Review Committee recommends that the plat be "conditionally" approved CONTINGENT upon the above mentioned changes being made and that the plat NOT be put on City Council's agenda until all changes have been made and approved by the Director of Public Works." ANALYSIS The applicant, in conjunction with a concurrently submitted Subdivision (Case No. S- 97 -26), proposes to create an 5 -lot subdivision for a four -plex development. The property is = ocated at the southwest corner of the intersection of Salem Avenue and Yorkshire Road in the "Belmont" neighborhood. The surrounding area consists of apartments, four- plexes, single - family residences and vacant land. The reason for the Special Area Plan is to allow a common area to be shared among the five lots. The Water Board has stated that the lots for the subdivision will be served from private mains within the Special Area Plan. Also, a private sanitary sewer main will be required to serve the subdivision. No other significant issues have been identified by staff. The purpose of a Special Area Plan is to propose the unique development of such land or the rehabilitation or redevelopment of an existing area with unique planning, building, or ownership techniques not adequately recognized by the terms of the title for zone districts in which the land is submitted. The following analysis is based on the City of Pueblo Special Area Plan requirements as listed in Section 17 -4 -29 of the Code of Ordinance, 1971, as amended. The following objectives and requirements of the Special Area Plan are reviewed to determine compatibility with this proposal. Pueblo City Council Case No. SAP -97 -7 January 27, 1998 Page Four STATEMENT OF PURPOSE (a) If residential the overall Let density of the area so planned, exclusive of the street rights -of -way, shall not be greater than if each individual parcel were built with a lot size conforming to the requirements of the zone district. Net density is less than that allowed in the R -5 Zone District. (b) The plan shall provide for the use and continuous maintenance of any remaining open space as well as only land common to all properties or controlled by a corporation or home owners association composed of all present and future owners of all property within the proposed development and provision is made for the recording of such with each deed. And land dedicated to public use and formally accepted by City Council need not be maintained by such corporaticn or home owners association. The common landscape and other areas will apparently be maintained by a home owner's association. (c) The plan may provide for exceptions to minimum setback and lot width and depth requirements for each building if such can reasonably be made so that the public health safety, ar_d general welfare will be protected. The plan does not propose exceptions to minimum lot size and setback requirements. (d,)_ The plan shall provide that all setbacks on the periphery of the area shall not be less than those required for the zone district in which the building complex is located provided however, that front setback requirements on interior streets or service drives may be changed. All setbacks on the periphery of the area are not 'less than those required in the R -5 Zone District. (e) The plan shall be designed so that there will not be a substantially adverse effect upon the character of the neighborhood or upon adjacent property or property values in the area. The plan is compatible with adjacent residential development. (f) The plan shall incorporate adequate safeguards including but not limited to screening fences and landscaping to protect and maintain harmony with the surrounding area. The plan proposes common landscaping and parking areas. Pueblo City Council Case No. SAP -97 -7 January 27, 1998 Page Five (q)_ After approval of the plan by the Planning and Zoning Commission and final approval of the subdivision plat by City Council, building permits may be issued. No subsequent major changes in the plan may be made unless and until prior approval is granted by the Commission after a public hearing. Minor changes may be made by the Commission without a public hearing. No changes which would be incompatible with the subdivision plat upon which the Special Area Plan is located by be granted unless approved by City Council. Approval of this plan is contingent on approval of the concurrently submitted subdivision of the area (Case No. S- 97 -26, Lopez Addition, Final Plat). (h)_ Twelve copies of the proposed plan shall be submitted to the Subdivision Review Committee, as defined in Section 12 -4 -3(10) of these ordinances, not less than 14 days prior to the time the Planning and Zoning Commission will schedule a public hearing on the plan. Said committee shall submit its recommendations to the Planning Commission at the public hearing on the plan. The applicant has submitted the required amount of copies for review. (iZ The plan shall provide the development sequence of the land within the plan if development is to be done in phases. Subdivision plats shall be submitted for the land proposed to be developed in the same development. The Plan does not indicate that development will be done in phases. �Z The plan shall provide the location and dimensions of all existing and proposed buildings, structures, rights -of -way, easements, and improvements. The general location of structures are provided. The roadway servicing the development will be private as will water and sewer mains and easements. (k) Before any action shall be taken, the applicant seeking consideration of a Special Area Plan by the Planning and Zoning Commission shall deposit with the Finance Department a nonrefundable application fee of seventy -five dollars ($75.00). The applicant has apparently paid a $75 nonrefundable application fee. The above provisions are specifically intended to facilitate and encourage unique or inventive development ideas such as cluster plans, variable density arrangements, condominium arrangements, cluster housing and town houses, garden apartments, shopping centers, industrial parks, common grounds, and facilities (1957 Code, App. A, Section 6(9); Ordinance No. 3860, 5- 13 -74; Ordinance No. 4221, 8 -9 -76; Ordinance No. 4702, 1- 28 -80). Pueblo City Council Case No. SAP -97 -7 January 27, 1998 Page Six STP-'F CONCLUSION Approval of the proposal will promote development of the property. Approval is contingent on acceptance of the concurrently submitted subdivision (S- 97 -26). PUBLIC HEARING MINUTES (JANUARY 14, 1998, SPECIAL MEETING) Fred Adams, Adams Surveying, appeared before the Commission representing John Lopez. Mr. Adams said they are dividing Lot 3 into 5 lots. The special area plan will accommodate a common lot for parking, utilities and drainage. There will be five - fourplexes - one of which is already built. There will be some variances to the setback. Mr. Adams said the Homeowners' Association will administer the common area. He said he had a copy of the Subdivision Review Committee's memorandum and has submitted all the changes today that were requested by staff. All street improvements are in. No one else appeared to be heard. Chairman Mabie made the staff report a part of the record and closed the hearing. COMMISSION DECISION (JANUARY 14, 1998, REGULAR MEETING) Mr. Ring, seconded by Mr. Vigil, moved to recommend approval subject to the contingencies set forth in the Subdivision Review Committee's memorandum dated January 7, 1998. Motion carried 7 -0. VPM /sw - ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO a 4 � O U C' 0 <A W = C G^ � Y Q Q � �u..r dJ u7 j C w C `i Q -------------------------------- I i I 14th FILING I I I - - - - - - - - - - - - -I L- ------------------ 1 I I SALEM AVENUE i 1 1 F - - -� t.oa• $7.00' 72.01' , , I I , 1 I I W ' $ $7.w oz' T/ a' 00-W g I I S I Y x ' 8 z1 ° o = s ' I I I Q 1. w W 000 ly- I I O I I I Z z i MW I N I y i ev.aa- ,; nom• Q= t I O I g 1 at a I Y I m - 1 NO'1•.32']61 170.00' Q 1 I I J I I CD I ---- L---- 1 ---------------- - - - - -I n 3'i p S �a 1 Y b i •IL"R. Y 3 fi A6 �v 25a�� 6 Y 3 <t Az I 2 W s ligi CITY OF PUEBLO DEPARTMENT OF PLANNING & DEVELOPMENT 211 R -4 R -2 Ll . S_� k� 1 R 7 j' I � ; • I R _ 5 STIT,TION � — IchR R FR - 5i I B -3 e - R-7 M as 02 ALI ;'.: I O FE B" OOL� ®e ■ I CASE SAP -97 -7 EXHIBIT ZONING /LOCATION MAP LOCATION SE CORNER SALEM AVENUE & YORKSHIRE ROAD REQUEST SPECTAL AREA PLAN- -LOPEZ ADDITION FkVI'D ADAMS -` Professional Land Surveyor 229 Baxter Rd. • Pueblo, CO 81006 September 30, 1997 Mr. Carl Olson, director City of Pueblo Department of Zoning Pueblo, CO 81003 RE: LOPEZ ADDITION, A SPECIAL AREA PLAN Dear Carl, Please find attached our application for a subdivision of Lot 3, Block 3, Oakshire. . My client John Lopez, wishes to divide the Lot into five lots with a common area. One fifth of the common area will be deed, an undivided interest, with each of the lots in the subdivision. The common area will be used to the common benefit of the five lots, containing storm water detention, public utilities, private utilities, access, parking and for compliance with square footage and frontage requirements. The need for a Special Area Plan is to allow the commons area to comply with frontage and frontage requirements. We are also requesting a variance to the front set back requirement on lots 4 and 5, which front on Salem Avenue. The access to these units, both vehicular_ and pedestrian wilt be from the side not facing (west) Salem Avenue. I believe we comply.with side yard and rear yard requirements. If this is not true, we will ask that this request be amended to include those situations. Carl, I believe this is a better option to creating flag lots, separate utility easements and cross parking agreements. I hope you agree. We are open to any suggestions you may offer and seek your guidance in this issue. Thank You Si rely, Fred L. Adams Office (719) 948 -3107 • Fax (719) 948 -2513 MEMORANDUM TO: Planning and Zoning Commission FROM: Subdivision Review Committee SUBJECT: S -97 -26 and SAP -97 -7 LOPEZ ADDITION DATE: January 7, 1998 This plat was submitted in accordance with City Ordinance 6192, in which public improvement plans and certain other required documents have not been provided for review. If the plat is "conditionally" approved by City Council, the recording of the plat will not take place until the final improvement plans, offsite easements, covenants and subdivision improvement agreement are submitted and approved by the Director of Public Works. All plans must be submitted and approved by the Director of Public Works within one (1) year of the date of conditional approval by City Council. No building permits will be issued for any structure or building within the subdivision until all required documents have been approved by the Director of Public Works. The plat generally meets the subdivision ordinance requirements. There are some minor changes that need to be made on the Plat. When the final submittal is made, a phasing plan showing the limits and timing for construction of the required public improvements such as storm water detention, paved parking- and sidewalks will be required. - The reason for the Special Area Plan is to allow shared parking on a commonly owned parcel. Covenants concerning the maintenance of improvements on this parcel will be required. The Subdivision Review Committee recommends that the plat be "conditionally" approved CONTINGENT upon the above mentioned changes being made and that the plat NOT be put on City Council's agenda until all changes have been made and approved by the Director of Public Works xc: John Lopez 1121 Candy Tuft Blvd. Pueblo, CO Kidd Engineering 515 Cleveland Ave. Pueblo, CO 81004