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HomeMy WebLinkAbout06328ORDINANCE NO. 6328 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -2 TO R -7 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 3200 TO 3400 W. 24TH STREET 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 -2, Single - Family Residential District to R -7, Mobile Home Residential District, and upon passage of this Ordinance, zoning restriction affecting R -7, Mobile Home Residential District, shall apply to said property: The NW 1/4 of the SE 1/4 of Section 22, Township 20 South, Range 65 West of the 6th Principal Meridian, and more commonly known as: 3200 to 3400 W. 24th Street. SECTION 2 This Ordinance is approved with and subject to the following conditions: (a) A Master Plan and Subdivision including the above described subject property and also including the adjacent property currently zoned as R -7 immediately to the west of the above described property, which adjacent property is described as follows: Parcel No. 7 -A -1 to R -7 A parcel of land located in the SW` /4 of Section 22, Township 20 South, Range 65 West of the 6` Principal Meridian, said parcel being more particularly described as follows: Beginning at a point on the north line of said S W' /4 from which point the NE corner of said SW' /4 bears N 89° 01' 52" E a distance of 1102.20 feet; Thence N 89° 0P 52" E along said north line, a distance of 1102.20 feet to the said NE corner; 2. Thence S 00° 59' 11" E, along the east line'of said SW' /4, a distance of 1028.44 feet; 3. Thence S 89° 00' 49" W a distance of 148.30 feet to the beginning of a curve concave southeasterly with a radius of 200.00 feet; 4. Thence southwesterly along the are of said curve through a central angle of 90° 21' 37" and a distance of 315.42 feet; 5. Thence S 1' 20' 48" E, tangent to last said curve, a distance of 48.93 feet; 6. Thence S 88° 39' 12" W a distance of 609.97 feet to the beginning of a curve concave northeasterly with a radius of 955.00 feet; 7. Thence northwesterly along the arc of said curve through a central angle of 30° 45'00" and a distance of 512.54 feet; 8. Thence N 60° 35' 48" W, tangent to last said curve, a distance of 107.24 feet; 9. Thence N 6° 3620" E a distance of 196.67 feet; 10. Thence N 52° 16' 00" E a distance of 106.00 feet; 11. Thence N 24° 1604" E a distance of 342.00 feet; 12. Thence N 42° 44'00" W a distance of 78.00 feet; 13. Thence N 3° 46'00" E a distance of 120.00 feet; 14. Thence N 42° 46' 00" E a distance of 144.00 feet; 15. Thence N 86° 4600" E a distance of 122.98 feet; 16. Thence N 00° 58' 08" W a distance of 243.06 feet to the point of beginning, containing 37.21 acres, more or less. shall be filed within six (6) months and approved within twelve (12) months after the date of final passage of this Ordinance. (b) The Subdivision plat for such Subdivision shall contain the following restrictions and covenants: Only new single family dwellings may be installed or constructed within the subdivision. "New single family dwelling" means a manufactured home as defined in Section 17 -2 -1 (32A) Pueblo Municipal Code, except that the length and width requirements set forth in subparagraph (b) of said section shall not apply; however, all such dwellings must contain at least eight hundred sixty four (864) square feet. All such single family dwellings shall be newly manufactured. "Newly manufactured" means that each home shall have been constructed or manufactured no later than the calendar year preceding the year of installation. No lot in the subdivision shall contain less than five thousand (5,000) square feet. These restrictions and covenants may be enforced by any owner of a new single family dwelling in the subdivision or by any owner of residential property located within 1000 feet of the exterior boundaries of the subdivision. -2- The City Planning and Zoning Commission is hereby authorized and directed to initiate proceedings to rezone the property described in Section 1 hereof to an R -2, Single Family Residential District if the owners of the above described property, their heirs, personal representatives, successors and assigns fail to timely meet the above conditions within twelve (12) months after final passage of this Ordinance; this authorization and directive shall not apply to the adjacent property described in Section 2 hereof. SECTION 3 This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: June 8, 1998 ATTEST: By John Verna Councilperson APPROVED: a City c President of t City Council -3- ID City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: May 22, 1998 TO: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. Z- 98 -8 -- REZONING REQUEST - -R -2 TO R -7 NORTH SIDE OF 3200 TO 3400 BLOCK WEST 24TH STREET SYNOPSIS BACKGROUND: The applicant requests the rezoning of undeveloped land to accommodate a forthcoming mobile home subdivision. ISSUES: Several development concerns cited by staff must be addressed at the time of subdivision. Approval of the proposal will promote development of the property. A master plan of the area will be - required prior to subdivision. RECOMMENDATION: The Commission recommends approval by a 4 -0 vote. GENERAL INFORMATION Applicant: James H. Butcher Owner of Property: Floyd C. Sanders Location: North Side of 3200 -3400 West 24th Street Existing Zoning: R -2 /Single Family Residential (See Attached ZONING /LOCATION MAP) Request: Rezone to R -7, Mobile Home Park Purpose: To provide the proper zone in conjunction with a subdivision plan of the area. Size: 38.2 Acres Existing Land Use: Undeveloped Land (See Attached SITE PHOTO). 211 E. T" Street, P:O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 Pueblo City Council Case No. Z -98 -8 May 22, 1998 Page Two Surrounding Land Use /Zoning: Zoning History: Applicable Regulations: SPECIAL INFORMATION Public Utilities: NORTH -- Vacant Land /R -2, and Auto Wrecking Yard /County SOUTH -- Vacant Land /A -2, and R -8 EAST -- Vacant Land /R -2, and S -3 WEST -- Vacant Land /R -7 There have been no other rezoning requests within a one -half mile radius of this site in the past 24 months. The standards of the R -2, Single Family Residential District, "...are designed to retain and provide areas primarily for single - family development of medium density." 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." -- Water: The area of the proposal is not presently serviced. It can, however, be serviced with minimal effect on existing water pressure. There are no water mains in this area north of West 24th Street. Mains will need to be extended within all public rights -of -way at the time of subdivision. There is an assessment of $11.25 per front foot for the main in West 24th Street (L. Huffstutter, 4/6/98). -- Sanitary Sewer: Sanitary sewer does not exist in the area. Sanitary sewer main extensions will be required to serve this area. As this area develops, the City will be responsible for any downstream upgrades on the existing system, subject to availability of funds in the sanitary sewer connection fee account and City Council approval (R. Morgan, 4/17/98). - -Storm Sewer: There are no storm sewers in the area. Drainage study will be required for the site. On -site detention and drainage easements will be required (R. Morgan, 4/17/98). Transportation: Existing traffic flow is "good." The proposal will not significantly affect traffic conditions. At the time of subdivision, extensive transportation improvements, including a north -south corridor, will have to be constructed (D. Centa, 4/13/98). Pueblo City Council Case No. Z -98 -8 May 22, 1998 Page Three Comprehensive/ Area Plans: The Pueblo Regional Comprehensive Development Plan's "Land Use" map identifies this area as a "Residential" use. 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 land from R -2 to R -7 to accommodate a forthcoming mobile home subdivision. The property is located north of West 24th Street in the Hyde Park neighborhood. The surrounding area consists of vacant land except for an auto wrecking yard to the northeast which is located in the County. The applicant states that this property and an adjacent R -7 zoned property to the west will be master planned together and that development will be phased. Staff has cited several development concerns which must be addressed at the time of subdivision. Although this property has maintained an R -2 designation since the inception of the present zoning ordinance, it has remained undeveloped. 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. A master plan of the area will be required prior to subdivision. Pueblo City Council Case No. Z -98 -8 May 22, 1998 Page Four PUBLIC HEARING MINUTES ( MAY 13, 1998, SPECIAL MEETING Mr. Lytle said he would not participate in the hearing or the voting on this item. Mr. Vigil, seconded by Mr. Verna, moved to move this item to the end of the public hearing section of the agenda to give time for Mr. Ring's arrival so a quorum would be present for the hearing and the voting. Motion carried 4 -0. Rocky Mangini, Mangini & Associates, appeared before the Commission representing the applicant. He described the location of the site noting that it is range land. He passed out a copy of the Foothills Master Plan which was approved in 1975. The adjacent R -7 land was part of that Master Plan. The existing R -7 land has 232 lots and the proposed rezoning will accommodate 218 lots. Mr. Mangini said they will be submitting a subdivision and Master Plan on this property and they will access drainage issues at that time. Robert Drabkin, New West Communities, Aspen, CO, said it will be a community into itself. It will be walled with a security entrance. One part of the development will be for families and one part will be for people 55 years and older. All cul -de -sacs will face the open space. Mr. Drabkin passed two renderings of what the exterior of the park would look like to give the Commission a flavor of what they were trying to produce. The park will be professionally managed. The road system, security fencing and landscaping will be maintained by the Park. He said this is a 10 million dollar investment. Only new manufactured homes will be allowed and they will be placed on permanent foundations. The price range of these homes runs between $45,000 and $65,000. The rental space will be $225 per month which is the average being paid in Pueblo now. Mr. Ring asked if they could be assured that the senior citizens will be separated from the families. Mr. Drabkin said that is their plans but would like to keep that option open. The completion time for the development will be in five to seven years. Mr. Morgan explained the comments of the staff report concerning the sanitary and storm sewers which will serve the property. These issues will be addressed at the time the property is subdivided. Shirley Pinelle, 2205 Cliff Lombard, said she owns several acres of A -2 zoned land. She did not want a trailer park put on this land. She noted she was aware of the existing R -7 property but would like this property to remain R -2. She said she had no problem with an R -8 zone as they own the land the hog1e is on. Also, the R -7 requires only 3,400 square feet per lot and the R -8, requires 5,000 square feet the same as the R -2 zone. She said she likes the idea of affordable housing. She then submitted a petition with 80 signatures of people opposed to the rezoning that was circulated in Sanders Subdivision. Jim Pinelli, 2205 Cliff Lombard, said he had talked to several people in the area and they were opposed to the rezoning. Their concerns include lack of schools in the area for the children, increased traffic, and the railroad tracks at West 29th Street which must be crossed to get to this development. Pueblo City Council Case No. Z -98 -8 May 22, 1998 Page Five Gene Roimes, 1615 West 20th Street said the Ruberson Trust involves several acres in this area and as part of the trust he was opposed to the rezoning as it will devalue their property. He stated that he had no problems with permanent residents who own the property but had concerns for parks who rent the space. Ray Fetty, 2051 West 21st Street opposed the rezoning saying West 24th street was never completed over the railroad tracks which limits access to this property from the east. Nora Porter, 2831 Temple, owner of the property at 2310 West 27th Street said her concerns included increased traffic load on the schools and the safety factor of crossing the railroad tracks on West 29th Street. Rocky Mangini appeared again and said the Foothills Master Plan lying west of this site planned for cluster homes, apartments and businesses in addition to the mobile home park which is more dense than the proposal before the Commission today. Their mobile home park plan has a density equal to an R -2 zone. Mr. Mangini stated that owner- managers have more control over a park than when individual lots are sold. he stated that development of this land will make the adjacent properties more valuable and promote further development in the area. Roger Walker, Longmont, CO, consultant to the developers explained the advantages of rental over purchase of the lots. The park owners are responsible for its maintenance such as roadways and landscaping. They can also require maintenance of the manufactured home itself. They have the power to evict anyone who does not comply with the rules and regulations of the park. He noted that less than five percent of manufactured homes ever move so it will be a stable community. No one else appeared to speak in favor or in opposition. Chairman Mabie made the staff report a part of the record and closed the hearing. COMMISSION DECISION (MAY 13, 1998 SPECIAL MEETING) Mr. Ring, seconded by Mr. Verna, moved to recommend approval. Motion carried 4 -0 with Mr. Lytle abstaining. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO CITY OF PUEB DEPARTMENT OF PLANNING & DEVELOPMENT l P - i B -3 B - 3 I < R R -8 uL ► -Ju J ST r� � 1:7__� CASE Z - - EXHIBIT ZONING /LOCATION MAP LOCATION N. SIDE OF 2700 TO 2900 BLOCK W. 24TH STREET REQUEST REZONING REQUEST -- R -2 TO R -7 LJLJ Li 1 r'I i It ILI - - � If 1 2 15-L Ia _ � L CASE Z - - EXHIBIT ZONING /LOCATION MAP LOCATION N. SIDE OF 2700 TO 2900 BLOCK W. 24TH STREET REQUEST REZONING REQUEST -- R -2 TO R -7 APPLICATION FOR ZONING 11AP AMENDiENT 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 1_nes, 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 Floyd C. Sanders Address 5165 N. Poutatoc Road Tucson, Arizona 85718 Telephone Legal Description: Lot(s) Block 3Yls3on 24th Street East of Pueblo Road -A-d-d-_e- ss - -P y The NW - 1 , of the SE-, of Sec T20S, R65W, 6th P.M. 22 Applicant: (If other than property owner): Name Domenick M. Maimone Address 307 N. Main Street, Gunnison, Co. 81230 Telephone (970) 641 -9725 Person or Firm representing owner and /or applicant Name ivlangini & Associates, Inc. Address 631 Lake Ave. Pueblo, Co. 81004 - - Telephone 4719)--544-0865 Present Zone R -2 Area of the property 38.2 Zone Requested R -7 (Specify square feet or acres) Purpose of Application: ( ) To permit development of the property not allowed under the existing zone. (xX) 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) S Page 1 Statement of facts justifying zone change: The subj pr is adjacent to a parcel the applicant also is in contract to aquire. Applicant is Master Planning both pa sim ultaneously. One parcel is zoned R -7, thus zo ning on the other parcel would be a continuation of this same zone (R -7). Property located diagonally across from the subject property is zoned R -8, a similar zone. Description of the proposed development: A n entry level single family housing community adjoining a seniors single family housing community. Description of area surrounding the proposed development: Vacant land surrounds the entire property. The property is just south -west of an auto wrecking yard, and overlooks that proper Describe what effect the proposed development may have on the environment, economic and traffic situation in the area surrounding the proposed development: The proposed development will be fulifiiling entry level and seniors housing needs, adding positive social and economic bene fits to the community. The area surrounding the property will be improved, as such is mostly vacant land waiting for the first development activity in the area to happen. Traffic impact will increase slowly as property will be developed in phases over a period of time. Environmental impact is expected to be minimal. Estimated date for beginning project: August 1998. Estimated date for completion of project: Project to be built in phases of six months per phase over a period of six years. Are the applicants financially able to carry out the proposed development at this time: (XX) Yes ( ) No. If not, indicate extent of financing which will be required and means by which applicant expects to accomplish same: Please see attached letter by owner Signature of Property Owner Page 2 APR 02 '98 02:19 PH Page 2 i S (�. ZZ Cog r-/' o/' Ste 22� T ZoS� � lstc� �o� PM sec2� 241 ti14 P /IM ,FiVDMEA/ 7 Per5hw T 2nvr � )e2 MOP05Fb 7MC , e7 tal 40o� SGYJ Ll /1l� O F?7� AW,� oA: rHe z ARP S�OW1A ZOMF til AP Ar�1,E O M 7 - �- oif R.. z z 7 �tr46 I—ee .44- 04 N � if l /SJAi 7N,' 77fe aw 7;vor4.sT"y OA S GT"lon 22 TZDS, Ra50, i; 7MF "W17-1 May 4, 1998 Carl Olson Director of Zoning City of Pueblo Department of Zoning Administration 211 E. "D" St. Pueblo, Colorado 81003 To Whom It May Concern: This is to give notice that the residents of the Hyde Park Community object to the rezoning of the NW 1 /4 of the SE '/4 of Section 22, Township 20 South, Range 65 west of the 6`' P. M., more commonly known as the North Side of the 2700 -2900 blocks west 24 street. The primary objection is that the citizens of this neighborhood object to the possibility of a mobile home residential district being established on this property. The residents in the neighborhood wish to retain the R -2 Single - Family Residential District status. This neighborhood has a long- standing history of being a single family residence community with homes being handed down for up to 3 generations. Traditionally the services offered to this community have been to promote affordable single - family home ownership. The addition of a mobile home community would change the neighborhood significantly. The change of zoning could rapidly increase the influx of residents. Without time for proper planning and community input this neighborhood could see a dramatic increase in traffic and school population that could stress the resources of the community. The residents of the neighborhood prefer to see ongoing promotion of the single - family home ownership efforts. The signatures below represent the support to this statement by members who live in the community. Shirley and Jim Pinelle carry these signatures to your attention in representation of the signatures for hearing on May 13, 1998. The developer has communicated to some residents that his intention is to use the property to build modular homes on foundations. This goal can be achieved under the current zoning status. The request for rezoning demonstrates that the developer's stated intention may be different than what he is communicating. To be certain that our voices are heard we bring this matter to of our preference to your attention. Thank you for considering our concerns. Sincerely: