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HomeMy WebLinkAbout07230ORDINANCE NO. 7230 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM 1 -3 TO BP IN BLOCK 1 LOTS 1 -10 AND IN BLOCK 2 LOTS 1 -4; FROM 1 -3 TO B -2 IN BLOCK 3 LOTS 1 -2; FROM 1 -3 TO R -2 IN BLOCK 3 LOTS 3 -62 AND BLOCK 4 LOTS 7 -20 AND BLOCK 5 LOTS 1 -33 AND BLOCK 6 LOTS 1 -52 AND BLOCK 6 LOTS 60 -76; FROM 1 -3 TO R -4 IN BLOCK 4 LOTS 1 -6 AND BLOCK 4 LOTS 21 -22 AND BLOCK 6 LOTS 53 -59, RIVER'S RUN SUBDIVISION, NORTH CORNER OF THE JOPLIN AND PORTLAND AVENUE INTERSECTION, SUBJECT TO CONDITIONS SUBSEQUENTLY BEING MET BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described property located in River's Run Subdivision, Pueblo, Colorado are hereby changed and shall apply to said property as follows: From 1 -3, Heavy Industrial District to BP, Business Park District Block 1 Lots 1 -10; Block 2 Lots 1 -4 From 1 -3 to B -2, Subregional Business District Block 3 Lots 1 -2 From 1 -3 to R -2, Single - Family Residential District Block 3 Lots 3 -62; Block 4 Lots 7 -20; Block 5 Lots 1 -33; Block 6 Lots 1 -52 and Lots 60 -76 From 1 -3 to R -4, Mixed Residential District Block 4 Lots 1 -6 and Lots 21 -22; Block 6 Lots 53 -59 and more commonly known as: North corner of the Joplin Avenue and Portland Avenue intersection; a.k.a. former Walter's Brewery SECTION 2. With the recommendation of the Planning and Zoning Commission, this zoning ordinance is approved with the following conditions: a). Lots zoned R -4 — Mixed Residential District shall have covenant and /or deed restrictions prohibiting auto parking lots as a principal land use; b). Approval of the rezoning does not and is not to be construed to be an acknowledgment or determination by the City that the soil conditions, subsurface geology, ground water conditions or flooding conditions of any lot shown on the submitted plans are such that a building permit will be issued; and c). Per Section 17 -4- 51(12.4) of the PMC, prior to the issuance of any building permits for lots zoned BP- Business Park District, the property owner shall submit for the City's approval a set of development and performance standards that will guide architectural design and site layout of the properties. The City Planning and Zoning Commission is hereby authorized and directed to initiate proceedings to rezone the above - described property to an 1 -3, Heavy Industrial District, if the property owners or his heirs, personal representatives, successors or assigns fail to meet conditions (a) above within six (6) months of passage of this ordinance. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED November 8. 2004 M w, Robert Schilling Councilperson PRES1 1 !L PASSED AND APPROVED November 22, 2004 Drd - "a 3© Gti..�- Background Paper for Proposed ORDINANCE AGENDA ITEM # 4;;L, 35 DATE: NOVEMBER 8, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM 1 -3 TO BP IN BLOCK 1 LOTS 1 -10 AND IN BLOCK 2 LOTS 1 -4; FROM 1 -3 TO B -2 IN BLOCK 3 LOTS 1 -2; FROM 1 -3 TO R -2 IN BLOCK 3 LOTS 3 -62 AND BLOCK 4 LOTS 7- 20 AND BLOCK 5 LOTS 1 -33 AND BLOCK 6 LOTS 1 -52 AND BLOCK 6 LOTS 60 -76; FROM 1 -3 TO R -4 IN BLOCK 4 LOTS 1 -6 AND BLOCK 4 LOTS 21 -22 AND BLOCK 6 LOTS 53 -59, RIVER'S RUN SUBDIVISION, NORTH CORNER OF THE JOPLIN AND PORTLAND AVENUE INTERSECTION ISSUE Shall City Council approve a request to rezone the property for the future development of the 67.93 acre property. This rezoning request proposes to zone lots and blocks to be subdivided from the existing 1 -3, Heavy Industrial District to BP, Business Park District; B -2, Neighborhood Business District; R-4, Mixed Residential District; and R -2, Single - Family Residential District? RECOMMENDATION The Planning and Zoning Commission, at their September 8, 2004 meeting, voted 5 -0 to recommend approval. BACKGROUND Generally located at the north corner of the Joplin Avenue and Portland Avenue intersection; a.k.a. former Walter's Brewery, the development is intended to be a mixed use development comprised of single family, multi - family, business, business park and public park and right -of -way. The existing zone district, 1 -3, does not allow for residential and therefore, the applicants are seeking to change these lots to allow for single - family homes and commercial development. The described multiple uses are compatible with the surrounding land uses in the area. The Planning Commission also voted 6 -0 at their October 13, 2004 to recommend approval of the concurrent rezoning (Z- 04- 15(a)) application with the following conditions: a). Lots zoned R -4 — Mixed Residential District shall have covenant and /or deed restrictions prohibiting auto parking lots as a principal land use; b). Approval of the rezoning does not and is not to be construed to be an acknowledgment or determination by the City that the soil conditions, subsurface geology, ground water conditions or flooding conditions of any lot shown on the submitted plans are such that a building permit will be issued; and c). Per Section 17-4- 51(12.4) of the PMC, prior to the issuance of any building permits for lots zoned BP- Business Park District, the property owner shall submit for the City's approval a set of development and performance standards that will guide architectural design and site layout of the properties. FINANCIAL IMPACT None