HomeMy WebLinkAbout06317ORDINANCE NO. 6317
AN ORDINANCE CHANGING ZONING RESTRICTIONS
FROM R -7 TO R -4 COVERING A PARCEL OF LAND
COMMONLY KNOWN AS THE SOUTH SIDE OF THE
2200 -2400 BLOCKS OAKSHIRE LANE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that;
SECTION 1.
The zoning restrictions covering the following described property be changed from R -7,
Mobile Home Residential District, to R -4, Mixed Residential District, and upon passage of this
ordinance, zoning restrictions affecting R -4, Mixed Residential District, shall apply to said
property:
A parcel of land being a portion of Lot 1, Block 1, Lot 1, Block 2, Parcel A
and that portion of vacated Oakshire Lane and vacated Bonnadell Drive
adjacent thereto in Oakshire Mobile Home Estates, according to the recorded
plat thereof, filed for record September 14, 1990 and being more particularly
described as follows:
Considering the East subdivision boundary line of said Oakshire Mobile Home
Estates to bear S00 °53'56" E. And all bearings contained herein being relative
thereto.
Commencing at the Southwest corner of said Lot 1, Block 2; thence Northerly,
along the West subdivision bounday line of said Oakshire Mobile Home Estates
the following three (3) courses:
1. N.00 0 43'20 "W., a distance of 31.51 feet;
2. along the arc of a curve to the right whose radius is 925 feet, a distance
of 160.46 feet;
3. N.09 1 "E., a distance of 219.27 feet to the Southerly right -of -way line
of Oakshire Lane, as conveyed to the City of Pueblo by deed recorded in
Book 2901 at Page 71 of the Pueblo County Records;
thence Southeasterly, along said Southerly right -of -way line the following
four (4) courses:
1. S.79 0 19'52 "E., a distance of 719.95 feet;
2. along the arc of a curve to the right whose radius is 310 feet, a distance of
175.65 feet.
3. S.47 0 56'47 "E., a distance of 115.30 feet;
4. Along the arc of a curve to the left whose radius is 390 feet, a distance of
292.63 feet to the South subdivision boundary line of said Oakshire Mobile
Homes Estates;
thence Westerly, along said South subdivision boundary line the following
two (2) courses:
1. 5.89 0 03'45" W., a distance of 545.17 feet;
2. S.89 W., a distance of 717.36 feet to the point of beginning.
Containing 7.055 acres,
and more commonly known as:
The south side of the 2200 -2400 blocks of Oakshire Lane.
SECTION 2.
This ordinance shall become effective immediately upon final passage and approval.
INDRODUCED Ma 11 5 1998
By Al Gurule
Councilperson
APPROVED
President o e C uncil
ATTEST:
L�
4/27/98
D
ED
D
City of Pueblo
JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT
Director of Planning
DATE: April 17, 1998
TO: Pueblo City Council
FROM: City of Pueblo, Planning and Zoning Commission
SUBJECT: CASE NO. Z- 98- 4-- REZONING REQUEST - -R -7 TO R -4
SOUTH SIDE OF 2200 -2900 OAKSHIRE LANE
SYNOPSIS
BACKGROUND: The applicant requests the rezoning of undeveloped land
from R -7 to R -4 to accommodate a forthcoming townhome subdivision.
ISSUES: No significant issues have been identified by staff.
Development concerns must be addressed at the time of subdivision.
Approval of the proposal will promote development of the property.
RECOMMENDATION: The Commission recommends approval by a 7 -0 vote.
GENERAL INFORMATION
Applicant: Housing Authority of Pueblo
Owner of Property: E1 Centro Pueblo Development Corporation
Location: South Side of 2200 -2400 Oakshire Lane
Existing Zoning: R -7 /Mobile Home Park (See Attached ZONING /LOCATION MAP)
Request: Rezone to R -4, Multi- Family Housing District.
Purpose: Multi- Family Housing
Size: 6.25 Acres.
Existing Land Use: Undeveloped Land'(See Attached SITE PHOTO).
c 211 E. "D" Street, P.O. Box 1427 • Pueblo, Colorado 81002 -1427 • (719) 543.6006 • Fax (719) 543 -0572
T
Pueblo City Council
Case No. Z -98 -4
April 17, 1998
Page Two
Surrounding Land
Use /Zoning: NORTH -- Undeveloped Land /R -7
SOUTH -- Undeveloped Land /R -2
EAST -- Undeveloped Land /R -7
WEST -- Undeveloped Land /B -3
Zoning History: There have been no other rezoning requests within a one -half
mile radius of this proposal in the past 24 months.
Applicable
Regulations: The standards of the R -7, Mobile Home Residential District,
"...are designed to retain and provide areas of high density
residence for mobile home parks."
The standards of the R -4, Mixed Residential District, "...are
designed to retain and provide areas with commingling or
single - family dwelling units and limited multiple family
dwelling unit structures."
SPECIAL INFORMATION
Public Utilities:
-- Water: The area of the proposal is presently serviced. The proposal
will have no effect on existing water pressure (82 p.s.i.). No
effect for rezoning. At the time of subdivision, the water
main in Chase Street will need to be extended to the southerly
boundary of the property (L. Huffstutter, 3/9/98).
-- Sanitary Sewer: There is existing sanitary sewer in the area which can
adequately accommodate additional flow generated by the
proposal (R. Morgan, 3/19/98).
- -Storm Sewer: There is existing storm sewer and surface drainage in the
area. Prior to subdivision submittal, the existing drainage
easements must be maintained, the master drainage plan must be
submitted, an on -site detention is required, and the channel
improvement is required adjacent to the property (R. Morgan,
3/19/98).
Transportation: Existing traffic flow is "good." The proposal will not affect
traffic conditions (D. Centa, 3/19/98).
Comprehensive/
Area Plans: The Pueblo Regional Comprehensive Development Plan's "Land Use"
Map identifies this area as a "Residential" use.
I
Pueblo City Council
Case No. Z -98 -4
April 17, 1998
Page Three
Planning: A basic Goal underlying the formation of the Comprehensive
Plan "...is to avoid situations where adjacent land uses are
incompatible."
The standard for acceptance of zoning change is that the
proposed zoning action must: (1) either be in compliance with
the master plan, in which case action need only relate to the
general welfare of the community; or (2) where rezoning would
be in violation of the master plan, there must be some change
in the conditions of the neighborhood to support the zoning
change.
ANALYSIS
The applicant proposes to rezone undeveloped property from R -7 to R -4 to accommodate
a forthcoming townhome subdivision of the area. The property is located south of
Oakshire Lane at the eastern fringe of the City limit boundary. The surrounding
area is predominantly undeveloped except for the residential "Eastwood Heights"
neighborhood to the southeast. The property would be leased to a private developer
while E1 Centro Pueblo Development Corporation (an arm of the Housing Authority of
Pueblo) would retain ownership.
Although this property has retained an R -7 Zone Designation since the inception of
the present zoning ordinance, it has remained undeveloped. The Comprehensive Plan
does not differentiate between single family, multi - family, or mobile home
residential uses.
No significant issues have been identified by staff. Development concerns noted by
staff must be addressed at the time of subdivision.
To determine the purpose of the requested zone change, the Commission must look to
the test for spot zoning set forth in Clark v. City of Boulder, 146 Colo. 526,
362 p.2d 160 (1961) which states:
In determining whether spot zoning is involved, the test is whether the change
in question was made with the purpose of furthering a comprehensive zoning plan
or designed to merely relieve a particular property from the restriction of
zoning regulation. Id. at 146 Colo. 531.
STAFF CONCLUSION
Approval of the proposal will promote development of the property.
PUBLIC HEARING MINUTES (APRIL 8, 1998, SPECIAL MEETING)
Gary Trujillo, staff architect for the Housing Authority, appeared before the
Commission and said they were requesting rezoning of 6.25 acres to an'R -4 zone to
construct 103 units. The Housing Authority owns a total of 80 acres. They are
currently master planning their property in this area which will include the
subject property.
T
Pueblo City Council
Case No. Z -98 -4
April 17, 1998
Page Four
The Master Plan will be before the Commission in a month or two. Mr. Trujillo said
they will be a partner in this project with Park Village Development Corporation of
Houston, Texas. They will lease the land to them and the Housing Authority will
maintain and manage the units.
Mr. Lytle asked Mr. Trujillo if he had seen the staff reports and the issues raised
by them. Mr. Trujillo said he had and they were mostly drainage issues which they
will address at the time of subdivision.
No one appeared in opposition. Chairman Mabie made the staff report a part of the
record and closed the hearing.
COMMISSION DECISION (APRIL 8, 1998, REGULAR MEETING)
Mr. Lytle, seconded by Mr. Vigil, moved to recommend approval. Motion carried 7 -0.
VPM /sw
ATTACHMENTS ZONING /LOCATION MAP
SITE PHOTO
V
APPLICATION FOR ZONING MAP AMENDNENT
NOTE: This application must be accompanied by a tentative site plan
to scale showing dimensions of the property, location of improve-
ments and uses, existing or planned with respect to property lines,
offstreet parking and offstreet loading areas, driveways, arrange-
ments for vehicular and pedestrian circulation, and any planned
open space or park areas.
Property Owner:
Name EL CENTRO PUEBLO, DEVELOPMENT CORP.
Add ?ass 1414 N. Santa Fe
Pueblo, CO 81003
Legal Description:
Lot(s) Block
Subdivision
Address of Property (See attache map & legal
Telephone 544 -6230
description)
'J v o CC; 4a,,,,
Applicant (If other than property owner):
Name Address
Telephc
Person or Firm representing owner and /or applicant
Name Address
Telephc
Present Zone R -7 Zone Requested R -4
Area of the property Approximately 6.25 acres (Specify square feet or acres)
Purpose of Application:
( ) To permit development of the property not allowed under the existing zone.
( ) To provide the proper zone in conjunction with a subdivision plan for the area.
( ) In conjunction with an annexation petition to annex the property in a one different
from the present County Zoning.
( Other (describe) To rezone a part of a total acreage to allow mult - family housing.
Property will be leased to developer. EL CENTRO PUEBLO_DEVELOPMENT_CORP. will retain
ownership
Page 1
Statement of facts justifying zone change: This property is currently under (o ne)
ownership El Cantro_Pueblo Development Corp (ECPDC) In partnership with a developer, the
t hey will lease the land However, in order to provide affordable housing, ECPDC must
use all mechanisms to keep the cost as low as possible. A zone change is most necessary.
Description of the proposed development: Town home design with ogood quality materials.
Mostly 2 &3 bedroom units. The lots will be fully landscaped.
Description of area surrounding the proposed development: (See attached land use plan
of existing and a proposed master plan concept of the total parcel).
Describe what effect the proposed development may have on the environment, economic and
traffic situation in the area surrounding the proposed development: There should be no
adverse impacts on the surrounding areas. However, through development of this property,
much needed affordable housing may be developed. The new Oakshire Street should
adequately handle traffic
Estimated date for beginning project: October 1998
Estimated date for completion of project: 1g4g
Are the applicants financially able to carry out the proposed development at this time:
(X) Yes ( ) No. If not, indicate extent of financing which will be required and means
by which applicant expects to accomplish same:
Signature of Property Owner
Page 2