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HomeMy WebLinkAbout07977Reception 1798065 03/06/2009 ORDINANCE NO. 7977 AN ORDINANCE APPROVING A SPECIAL AREA PLAN FOR LA DUKE A SPECIAL AREA PLAN WHEREAS, a request for a Special Area Plan for La Duke A Special Area Plan, has been submitted to the Planning and Zoning Commission for approval pursuant to Section 17-4 -29 of the Pueblo Municipal Code, and WHEREAS, the Planning and Zoning Commission after a public hearing found and determined the objectives and requirements of said Section 17 -4 -29 can and will be met, and WHEREAS, the Planning and Zoning Commission has recommended the approval of the Special Area Plan for La Duke A Special Area Plan, that: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, SECTION 1. The Special Area Plan for: A PORTION OF BLOCK 2 IRVING PARK SUBDIVISION AS FILED FOR RECORD MAY 3 1890, PUEBLO CO. TO BE MORE PARTICULARLY DESCRIBED AS FOLLOWS; PARCEL B TO INCLUDE LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND PORTIONS OF LOTS 9, 10, 11, 12 AND LOT 21 TO PROVIDE INGRESS AND EGRESS ACCESS TO SAID PARCEL AND ALL OF THE VACATED ALLEY BETWEEN LOTS 10, 11, 12 AND LOTS 19, 20, 21. AND A PORTION OF BLOCK 2 IRVING PARK SUBDIVISION, PUEBLO CO. MORE PARTICULARLY DESCRIBED AS FOLLOWS; PARCEL A TO INCLUDE LOTS 19 AND 20. attached hereto, is hereby approved. SECTION 2. The Special Area Plan is approved with the following conditions: 1. Prior to the issuance of a building permit on Parcel A, must have a lot line rearrangement. 2. Prior to the issuance of a building permit, Parcel B must be resubdivided. 1798065 ORD 03/05/2009 02:24:44 PM P28 ert 2 0r o ti z D r, oueh?o Co 3. Add a note on the Special Area Plan stating Lot 21, Block 2, Irving Park Subdivision is hereby reserved for frontage and access for Parcel B. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: February 9, 2009 BY: Randy Thurston COUNCIL PERSON APPROVED: � PRESIDENT OF CITY COUNCIL ATTESTED BY: TY CLERK PASSED AND APPROVED: February 23, 2009 C INTRODUCED: February 9, 2009 BY: Randy Thurston COUNCIL PERSON APPROVED: � PRESIDENT OF CITY COUNCIL ATTESTED BY: TY CLERK PASSED AND APPROVED: February 23, 2009 WEST 27TH ST LA DUKE A SPECIAL AREA PLAN r suseimsion saueoan rvuo m — PTIW KWRLiAlr.rxM bf arN _ wO.M teA.x�� — 1 LV . wnYx V SNrIL+a<outt Q�� 21 20 t9 e __ aeo - rro, w wv w+o. eama .m "w' " - oawrr wa wm. a - WEST 26TH ST Background Paper for Proposed ORDINANCE AGENDA ITEM # 15 DATE: FEBRUARY 9, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING A SPECIAL AREA PLAN FOR LA DUKE A SPECIAL AREA PLAN ISSUE Shall City Council approve the Special Area Plan to allow for unique development otherwise not permitted within the R -2 Zone District? The Planning and Zoning Commission, at their January 14, 2009 Regular Meeting, voted 6 -0 to recommend approval with the following conditions: 1. Prior to the issuance of a building permit on Parcel A, Parcel A must have a lot line rearrangement of property boundaries. 2. Prior to the issuance of a building permit on Parcel B, Parcel B must be resubdivided. The City Attorney recommends the following condition be included in the Ordinance: 1. Add a note on the Special Area Plan stating Lot 21, Block 2, Irving Park Subdivision is hereby reserved for frontage and access for Parcel B. BACKGROUND The applicant owns a large parcel made up of Lots 1 -12 and 19 -21, Block 2 of the Irving Park Subdivision, recorded May 3, 1890. The original subdivision provided right -of -way frontage for Lots 1 -12 along Adrian Avenue. However, Adrian Avenue was never constructed. Therefore, frontage for those lots was established along Norwich Avenue adjacent to Lots 19 -21. Mr. La Duke resides in the house located on Lots 10 -12 and access to the home is provided by Lots 19 -21. Mr. La Duke would like to develop Lots 19 -21, which would essentially eliminate public right -of -way frontage for Lots 10 -12 and restrict access to the existing house. The solution to the development dilemma is a Special Area Plan which would allow for unique development otherwise not permitted within the R -2 Zone District. The Special Area Plan proposes to create two parcels, Parcel A, Lots 19 -20, Block 2 and Parcel B, Lots 1 -12 and 21, Block 2, Irving Park Subdivision. Lot 21 will be reserved, by a plat note, to provide frontage and access for Parcel B. Essentially, the Special Area Plan will allow a reduced lot width for Parcel B. As a condition of the Special Area Plan, staff has requested that prior to development, Parcel B must be resubdivided and Parcel A must have a lot line rearrangement. The purpose of the subdivision and lot line rearrangement is to ensure that the lots within the parcels are not divided for individual development, which would negate the actions of the Special Area Plan. Condition language has been provided on the Special Area Plan Plat. FINANCIAL IMPACT None.