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HomeMy WebLinkAbout06318n J ORDINANCE NO. 6318 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM S -1 TO B -3 AND R -5 COVERING A PARCEL OF LAND COMMONLY KNOWN AS ON WALKING STICK BOULEVARD AND ON DESERTFLOWER BOULEVARD BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that; SECTION 1. The zoning restrictions covering the following described property be changed from S -1, Governmental Use District, to B -3, Highway and Arterial Business District, and R -5, Multiple Residential and Office District, and upon passage of this ordinance, zoning restrictions affecting B -3, Highway and Arterial Business District, and R -5, Multiple - Residential and Office District, shall apply to said property: S -1 TO B -3 A portion of the SW 1/4 of Section 17, Township 20 South, Range 64 West of the 6th P.M., County of Pueblo, State of Colorado, being a portion of that Tract of land conveyed to the Trustees of State Colleges in Colorado by deed recorded in Book 1533 at Page 985 of the Pueblo County records and being more particu- larly described as follows: Considering the North line of said Section 17 to bear N.88 0 45'07" E. and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Section 17; thence S.50 0 20'26 "W., a distance of 4787.47 feet to the Southerly right -of -way line of Desertflower Blvd., as platted in Enclave at Walking Stick, according to the recorded plat thereof and the True Point of Beginning; thence Southeasterly, along said Southerly right -of -way line the following three (3) courses: 1. 5.63 0 49'18 "E., a distance of 8.95 feet; 2. along the arc of a curve to the right whose radius is 450.00 feet, a distance of 500.29 feet; 3. S.00 0 07'22 "E., a distance of 168.59 feet to the Northerly right -of -way line of Colorado State Highway No. 47, as conveyed to the State of Colorado, Department of Transportation by deed recorded in Book 2997 at Page 723 of the said County records; Thence Northwesterly, along said northerly right -of -way line the following Five (5) courses: 1. N.61 0 3529" W., (N.61 °36'16" W., Hwy.), a distance of 82.76 feet; 2. N.56 0 50'55" W., (N.56 °55'09 "W., Hwy.), a distance of 62.05 feet; 3. along the arc of a curve to the right whose chord bears N.15 °21'17 "W. (N.15 °22'04 "W.Hwy.) and whose radius is 400.00 feet, a distance of 580.17 feet; 4. N.26 E. (N.26'11'08", Hwy), a distance of 16.97 feet; 5. N.63 0 49'45 "W., a distance of 13.93 feet (N.63 °48'48 "W., 12.70 feet, Hwy) to the Easterly right -of -way line of Walking Stick Blvd., as Platted in said Enclave at Walking Stick; thence Northeasterly, along said Easterly right -of -way line the following two (2) courses: 1. N.26° 10'42 "E., a distance of 399.42 feet; 2. N.71 ° 12'31 "E., a distance of 58.02 feet to the point of beginning, containing 8.157 acres. S -1 TO B -3 A portion of the SW 1/4 of Section 17 and the NE 1/4 of the SE 1/4 of Section 18, Township 20 South, Range 64 West of the 6th P.M., County of Pueblo, State of Colorado, being a portion of that Tract of Land con- veyed to the Trustees of State,Colleges in Colorado by deed recorded in Book 1533 at Page 985 of the Pueblo County records and being more particularly described as follows: Considering the North line of said Section to bear N.88 °45'07 "E. and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Section 17; thence 5.52 °41' 03" W., a distance of 4884.47 feet to the Westerly right -of -way line of Walking Stick Blvd., as platted in Enclave at Walking Stick, according to the recorded plat thereof and the True Point of Beginning; thence Southerly, along said Westerly right -of -way line the following two (2) Courses: 1. 5.18 °49'18 "E., a distance of 112.04 feet; 2. 5.26 °10'42" W., a distance of 358.21 feet to the Northerly right -of -way line of Colorado State Highway No. 47, as conveyed to the State of Colorado, Department of Transportation by deed recorded in Book 2997 at Page 723 of the said County records; thence along said Northerly right -of -way line the following four (4) . DDICY.&* 1. N.63 0 49'45 "W., a distance of 23.93 feet (N.63 °48'58 "W. 25.16 feet, Hwy.); 2. S.28 0 00'35 "W., (5.27 °59'48 "W., Hwy.), a distance of 31.31 feet; 3. Southwesterly, along the arc of a curve to the right whose radius is 357.96 feet and whose chord bears S.68 °36'04" W.(S.68 "W., Hwy.), a distance of 529.54 feet; 4. N.61 0 35'28 "W.(N.61 °35'28 "W., Hwy.), a distance of 487.65 feet to the Westerly boundary line of the University of Southern Colorado; thence N.41 °23'32 "W., along said Westerly boundary line, a distance of 601.28 feet to the Southerly right -of -way line of future Desertflower Blvd., thence Easterly, along said future Southerly right -of -way line the following six (6) courses: 1. N.83 0 44'33" E., a distance of 251.60 feet; 2. along the arc of a curve to the right whose radius is 1960.00, a distance of 173.82 feet; 3. N.88 0 49'25" E., a distance of 605.57 feet; 4. S.84 0 18'43 "E., a distance of 153.04 feet; 5. along the are of a curve to the right whose radius is 447.00 feet, a distance of 144.58 feet; 6. S.63 °49'18" E., a distance of 128.04 feet to the Point of Beginning, containing 16.957 acres. S -1 TO R -5 A portion of the W' /2 of Section 17 and SE 1/4 of the NE 1/4 and the NE 1/4 of the SE 1/4 of Section 18, Township 20 S, Range 64 West of the 6 P.M. being a portion of that Tract of Land conveyed to the Trustees of State Colleges in Colorado by deed recorded in Book 1533 at Page 985 of the Pueblo County Records and being more particularly described as follows: Considering the North line of said Section 17 to bear S.88 °45'07 "W., and all bearings contained herein being relative thereto. Beginning at the Westernmost corner of the boundary of the University of Southern Colorado, said point being the Southeast corner of Lot 4, Block 53 in University Park Subdivision, 15th Filing, according to the recorded plat thereof, filed for record December 4, 1984; thence N.38 °49'20" E. (S.39 °12'W., deed), along the West boundary line of said University, a distance of 1535.67 feet to a point on the boundary of Walking Stick Golf Course; thence along the boundary of said Walking Stick Golf Course the following nine (9) courses: 1. S.00 0 03'11 "W., a distance of 416.58 feet; 2. S.67 0 41'58 "E., a distance of 52.27 feet; 3. S.02 0 09'42" W., a distance of 330.99 feet; 4. S.05 0 38'20 "E., a distance of 335.32 feet; 5. S.16 °44'10 "W., a distance of 129.35 feet; 6. S.03 0 30'16 "W., a distance of 110.39 feet; 7. S.40 0 22'54 "E., a distance of 139.95 feet; 8. S.80 0 16'30 "E., a distance of 148.35 feet; 9. S. 41 1'41 "E., a distance of 207.63 feet to the North right- of-way line of future Desertflower Blvd; thence Westerly, along said future North right -of -way line, the following three (3) courses: 1. S.88 0 49'25 "W., a distance of 452.06 feet; 2. along the arc of a curve to the left whose radius is 2040 feet, a distance of 180.92 feet; 3. S.83 0 44'33" W., a distance of 307.90 feet to the said West boundary line of the University of Southern Colorado; thence N.41 °23'32 "W., along said West boundary line, a distance of 640.04 feet to the Point of Beginning, containing 23.589 acres, and more commonly known as: On Walking Stick Boulevard and on Desertflower Boulevard. SECTION 2. This ordinance shall become effective immediately upon final passage and approval. INDRODUCED May 11 , 1998 By Rich Golenda Councilperson APPROVED 6; � a � �' ` President o e C ncil ATTEST: City Clerk 4/27/98 i 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 -5 -- REZONING REQUEST - -S -1 TO B -3 AND R -5 NORTH AND SOUTH SIDE OF DESERTFLOWER BOULEVARD SYNOPSIS BACKGROUND: The applicant proposes to rezone undeveloped property in the Walkingstick Golf Course area to accommodate future development. ISSUES: No significant issues have been identified with this request. The proposal conforms to an existing master plan. Approval of the proposal will promote development of the property. RECOMMENDATION: The Commission recommends approval by a 7 -0 vote. GENERAL INFORMATION Applicant: Holystone Development Corporation Owner of Property: University of Southern Colorado Location: North and South Side of Desertflower Boulevard Existing Zoning: S -1 /Public Use (See Attached ZONING /LOCATION MAP) Request: Rezone to R -3 and R -5 Purpose: To provide the proper zone in conjunction with a subdivision plan for the area. Size: 25.114 Acres to B -3 and 23.589 Acres to R -5. Existing Land Use: Undeveloped Land (See Attached SITE PHOTO). Surrounding Land Use /Zoning: NORTH-- Walkingstick Golf Course /S -1 SOUTH- -State Highway 47/S -1 EAST -- University of Southern Colorado /S -1 WEST -- Commercial and Residential /B -3, R -5 and 0 -1 c 211 E. T" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 i Pueblo City Council Case No. Z -98 -5 April 17, 1998 Page Two Zoning History Comprehensive Area Plans: Applicable Regulations SPECIAL INFORMATION Public Utilities: There have been no other rezoning requests within a one -half mile radius of this site in the past 24 months. The WalkingStick Master Plan was approved by the Commission in July 1990. The standards of the S -1, Governmental Use District, "...are designed to retain and provide land areas held, used, or controlled exclusively for governmental purposes by any department or branch of government, federal, state, county, municipal, school or special district, and to place the public and all elected officials and public agencies on notice of proposed changes in the use and development of such public lands. A nongovernmental entity may use property zoned S -1 only after the proposed use is obtained from the Planning and Zoning Commission. The standards of the B -3, Highway and Arterial Business District, "...are intended to provide areas along highways and arterial streets for the location of business and services." The standards of the R -5, Multiple Residential and Office District, "...are designed to retain and provide areas of high density multiple family dwelling unit structures with limited commingling of professional offices and studios." -- Water: The area of the proposal is not presently serviced. The area can, however, be serviced. There is no effect for rezoning. Main extensions in all public rights -of -way within or abutting the properties will need to be done at the time of subdivision (L. Huffstutter, 3/9/98). -- Sanitary Sewer: Sanitary sewer exists in the area which can adequately accommodate additional flow generated by the proposal. Public sanitary sewer main exists in future Desertflower Boulevard only. Main extensions will be required within these areas at the time of Subdivision (R. Morgan, 3/19/98). - -Storm Sewer: Storm sewers do not exist in the area. There is, however, surface drainage. Drainage facilities will be developed as part of the subdivision process. Storm sewer and drainage plans for the area will be required as part of the subdivision process (R. Morgan, 3/19/98). I Pueblo City Council Case No. Z -98 -5 April 17, 1998 Page Three Transportation: Existing traffic flow is "fair." The proposal will not affect traffic conditions. Upon subdivision, Sunflower Drive will have to be extended to University Park (D. Centa, 3/19/98). 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 approximately 48 acres of undeveloped property in the WalkingStick Golf Course area from S -1 to R -5 and B -3 to accommodate a forthcoming subdivision of the area. The property is located west of the University of Southern Colorado and north of State Highway 47. The surrounding area consists of the developed Belmont neighborhood to the south, the University to the east, the Walkingstick Golf Course to the north, and commercial and residential development to the west. No significant issues have been identified by staff. The proposal is compatible with the WalkingStick Master Plan which was approved by the Commission in July, 1990. Development issues expressed by staff will be addressed in a forth coming subdivision of the area. 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) David Stravia, Northstar Engineering, appeared before the Commission representing Holystone Development Corporation. He said Robb Flitton of Holystone was present to answer any questions. Mr. Stravia said the property now has a governmental use zone (S -1) on it, and they were requesting R -5 and B -3 be placed on the property for future development. s Pueblo City Council Case No. Z -98 -5 April 17, 1998 Page Four He displayed a copy of the Master Plan which was approved in 1990. The golf course was opened in 1992. He pointed out the realignment of Barley Boulevard. He noted they were placing the R -5 zoning next to the existing R -5 zone where the nursing home is located. Mr. Mabie noted that several changes have taken place on the property since the Master Plan was approved and asked if they had considered residential zoning for this property. Robb Flitton told the Commission they had listed this property three months ago and have a developer interested in it. They felt these were the best uses for the land, Bill Brill, 44 Villa Drive, said they had no problems with nice offices being built there but were concerned for some of the commercial uses in the B -3 such as used car lot and tall motels, as an example he cited the tall motel built next to the condos near the Country Club. The motel residents could look right into the homes of these condo residents. Robb Flitton said for the record the entire Master Plan is governed by covenants such as use, design, etc. Mr. Mabie asked if the covenants restrict type of uses. Mr. Flitton said no but could restrict the looks of the development. Mr. Mabie asked if buyers assume obligations of the covenants. Mr. Flitton said yes as they run with the land. He stated they also have a good working relationship with the University and they would not want to do anything that would harm them or ourselves. No one else appeared to be heard. Chairman Mabie made the staff report a part of the record and closed the hearing. COMMISSION DECISION (APRIL 8, 1998, REGULAR MEETING) Mr. Vigil, seconded by Mr. Lytle, moved to recommend approval. Motion carried 7 -0. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO I APPLICATION FOR ZONING MA-P AMENDENT 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: Legal Description: Name University of Southern Colorad Lot(s) Address N. Bonforte Blvd. Subdivision Pueblo, CO 81001 Telephone 549 -2306 Address of Property Applicant: (If other than property owner): Name Holystone Development Coroorat-i oQddress 1 St _ Andrews C'niiri Pnahl n R1 nn1 Telephone 546 -0800 Person or Firm representing owner and /or applicant Name NorthStar Ena. and Survev�, Z nAdd_ress 1 l l E. St St Puehi n R1 nn� Telephone 544 -6823 Present Zone S -1 Zone Requested B -3 and R -5 Area of the property 25.114 acres to B -3 (Specify square feet or acres) 23.589 acres to R -5 Purpose of Application: ( ) To permit development of the property not allowed under the existing zone. (X) 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) Page I See attached Block I Statement of facts justifying zone change: These parcels of land are portions of the approved WalkinaStick MaStP Pl and the 70nPS rP =17PRtP(d ArP rnngi sf. with the land uses shown thereon. The actual subdivision of these oarcels of land will follow. Description of the proposed development: In the B -3 zone: an attractive commmercia development wi h huSi ness and nffi r-P buildings Tn the R -S lone an attractive multi - family development Description of area surrounding the proposed development: To the North- l k i ngstick Golf Course; to the East- Colorado State Highway Nn_ a7 and Belmont (rP_ir1Pni to the West- commer cial and multi - family residential (Wal -mart center and nursing home) Describe what effect the proposed development may have on the environment, economic and traffic situation in the area surrounding the proposed development: The environment wil be enhanced as the attractive business and offi e nark and multi- family development are constructed with lands aoi Tho or of the area wi ii be inQreased with new business and addi ianal dwelling Mini is nrPSPnt Th- traffic situation will be czreatly i mproved r as the deyel npmPnt wi 11 r•rpat-e streets to tie -in to the existing road system and improve traffic circulat: Estimated date for beginning project: Fall —19 Estimated date for completion of project: Fail 2003 Are the apalicants financially able to carry out the proposed development at this time: (X ) Yes ( ) No. If not, indicate extent of financing which will be required a_nd means by which applicant expects to accomplish same: )V '� � Signature of- Land - Surveyor Paze 2