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.
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ATTACHMENTS ZONING /LOCATION MAP
SITE PHOTO
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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