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HomeMy WebLinkAbout07417ORDINANCE NO. 7417 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -4, R -5, AND B -4 TO R -5 COVERING A PARCEL OF LAND COMMONLY KNOWN AS THE MCKINNEY MILLER SUBDIVISION. A SPECIAL AREA PLAN BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described property be changed from R -4, Mixed Residential District, R -5, Multiple Residential and Office District, and B -4, Regional Business District, and upon passage of this ordinance, zoning restrictions affecting R -5, Multiple Residential and Office District shall apply to said property: PARCEL A: A parcel of land being a portion of Lot 3, Country Club Heights 14 Filing according to that recorded plat thereof filed for record October 10, 1979 in Book 2006 at Page 780 in the records of the Pueblo County Clerk and Recorder, and a portion of Parcel "C ", Lot Line Rearrangement according to the recorded plat thereof filed for record November 13, 1996 in Book 2946 at Page 23 in the records of Pueblo County Clerk and Recorder, located within a portion of the E Y of Section 14, Township 20 South, Range 65 West of the Sixth Principle Meridian, being more particularly described as follows: BEGINNING at the SW corner of said Lot 3, Country Club Heights 14 Filing; thence N 11848'10" E along the west line of said Lot 3, a distance of 31.89 feet to a point on the south line of a parcel of land No. 345, of the Department of Transportation, State of Colorado Project No. NH- IR(CX) 025 - 1(126) UNIT 3; thence along said south line the following two (2) courses; 1. N 89855'31" E, a distance of 227.17 feet; 2. along the arc of a non - tangent curve to the right whose center bears S 00804'32" E,having a central angel of 05821'53 ", and a radius of 628.17 feet, a distance of 58.82 feet to a point on the easterly line of said Lot 3, said point also being on the south line of a parcel of land No. 346, of the Department of Transportation, State of Colorado, Project No. NH- IR(CX) 025- 1(126) U NIT 3; thence southeasterly along said south line the following two (2) courses: 1. along the arc of a non - tangent curve to the right whose center bears S 03831'35" W, having a central angel of 06833'58 ", and a radius of 628.17 feet, a distance of 71.99 feet; 2. S 78808'42" E, a distance of 215.64 feet to a point on the easterly line of parcel "C" according to that recorded plat thereof filed for record November 13, 1996 in Book 2946 at Page 23 in the records of the Pueblo County Clerk and Recorder; thence S 11842'05" W along said easterly line, a distance of 90.75 feet to the SE corner of said Parcel "C "; thence N 78818'48" W along the south line of said Parcel "C" and along the south line of said Lot 3, a distance of 567.98 feet to the POINT OF BEGINNING. City of Pueblo, Pueblo County, State of Colorado. Said parcel contains 0.99 acres more or less. PARCEL B: A parcel of land located within a portion of the E Y of Section 14, Township 20 South, Range 65 West of the Sixth Principle Meridian, being more particularly described as follows: BEGINNING at the SW corner of Lot 3, Country Club Heights 14 Filing according to that recorded plat thereof filed for record October 10, 1979 in Book 2006 at Page 780 in the records of Pueblo County Clerk and Recorder; thence S 78818'48" E along the south line of said Lot 3 and along the south line of Parcel "C" of Lot Line Rearrangement, according to that recorded plat thereof filed for record November 13, 1996 in Book 2946 at Page 23 in the records of the Pueblo County Clerk and Recorder, a distance of 567.98 feet, to the SE corner of said Parcel "C "; thence S 11842'05" W, a distance of 112.23 feet; thence S 79849'32" E, a distance of 26.30 feet to the SW corner of Lot 1, Block 1, Country Club Heights 4th Filing according to that recorded plat thereof filed for record February 25, 1954 in Book 16 at Page 20 in the Pueblo County Clerk and Recorder; thence S 00814'37" E, a distance of 50.79 feet to the NE corner of that parcel of land described in that deed filed for record July 7, 1967 in Book 1656 at Page 223, Reception No. 379751 in the Pueblo County Clerk and Recorder; thence along the north and west line of said Book 1656 at page 223 the following two (2) courses: 1. thence N 89818'01" W, a distance of 25.86 feet; 2. thence S 00810'50" E, a distance of 137.96 feet to the SW corner of said Book 1656 at Page 223 said point also being on the north line of Country Club Heights 10 Filing according to the recorded plat thereof filed for record May 17, 1972 in Book 1717 at Page 841 in the records of the Pueblo County Clerk and Recorder; thence N 78807'25" W along said north line of Country Club Heights 10 Filing and along the north line of Country Club Heights 11 Filing according to the recorded plat thereof filed for record May 6, 1977 in Book 1885 at Page 845 in the records of the Pueblo County Clerk and Recorder, a distance of 608.34 feet to a point on the easterly line of Baltimore Plaza according to the recorded plat thereof filed for record December 26, 1975 in Book 1833 at Page 222 in the records of the Pueblo County Clerk and Recorder; thence N 11848'10" E along said easterly line, a distance of 331.04 feet to the POINT OF BEGINNING. City of Pueblo, Pueblo County, State of Colorado. Said parcel contains 4.03 acres more or less and more commonly known as: MCKINNEY MILLER SUBDIVISION. A SPECIAL AREA PLAN. SECTION 2. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED November 28, 2005 BY Michael Occhiato Councilperson APPROVED: PRESIDENT CITY C IL ATTESTED BY: CITY CLERK PASSED AND APPROVED December 12, 2005 Background Paper for Proposed ORDINANCE &d - -4 -W17 AGENDA ITEM # 4S"35 DATE: NOVEMBER 28, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATORMERRY M. PACHECO TITLE AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -4, R -5, AND B -4 TO R -5 COVERING A PARCEL OF LAND COMMONLY KNOWN AS MCKINNEY MILLER SUBDIVISON, A SPECIAL AREA PLAN ISSUE Shall City Council approve a request to rezone the property from R -4, Mixed Residential District, R -5, Multiple Residential and Office District, and B -4, Regional Business District to R -5, Multiple Residential and Office District? RECOMMENDATION The Planning and Zoning Commission, at their November 9, 2005 regular meeting, voted 5 -0 to recommend approval. BACKGROUND McKinney Miller Subdivision, A Special Area Plan is generally located south of Kachina Drive and west of Lynda Lane extended. The applicant proposes to rezone the subject property to allow for the development of the property as a multi - family residential community. As proposed, the project will consist of 32 lots, each defining the separate town home units, and parcels A and B. Parcel A contains the private ingress /egress driveway, central park area and community parking. Parcel B is the open space around the proposed 32 lots. The private road will extend from the end of the public right -of -way of Lynda Lane. This application is concurrent with Subdivision S -05 -13 and Special Area Plan SAP -05 -03 which were also approved unanimously. FINANCIAL IMPACT None.