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HomeMy WebLinkAbout10837ORDINANCE NO. 10837 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 2.39-ACRES FROM I-3, HEAVY INDUSTRIAL ZONE DISTRICT; S-1, GOVERNMENT USE ZONE DISTRICT; AND S- 3, FLOOD PLAIN DISTRICT ZONE DISTRICT TO I-3, HEAVY INDUSTRIAL ZONE DISTRICT AND TO REZONE 2.72-ACRES FROM S-1, GOVERNMENT USE ZONE DISTRICT TO I-2, INDUSTRIAL ZONE DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described property, and in addition half of all adjacent dedicated roadway and alley rights-of-way, together generally identified in the attached Rezone Exhibit, is hereby changed from I-3, Heavy Industrial, S-1, Government Use, and S-3, Flood Plain Zone Districts to I-2, Industrial Zone District: APPLICANT HEREBY REQUESTS: That the existing various zonings be changed to Industrial (I-3) and (I-2) as shown and described hereon, to wit: A parcel of land being a portion of the Southwest Quarter of Section 30, Township 20 South, Range 64 West of the 6th P.M. and being more particularly described as follows: I-3 Zoning request: BEGINNING at the northwest corner of Block 98, Conley's Addition to East Pueblo, thence easterly along the north line of said Block 98 to the Northeast corner thereof; Thence Southerly along the Westerly right of way line of Erie Avenue to the intersection of said westerly right of way line of Erie Avenue with the centerline of vacated 10th Street; THENCE Westerly along said centerline of vacated 10th Street to the intersection of the west line of Block 98, if extended southerly, with the centerline of aforesaid vacated 10th Street; THENCE Northerly along the westerly lines of vacated 10th Street and aforesaid Block 98 to the Northwest corner of said Block 98 and the POINT OF BEGINNING. County of Pueblo, State of Colorado. The above requested I-3 zoning contains 2.39 acres more or less. I-2 Zoning Request: BEGINNING at the intersection of the westerly right of way line of Erie Avenue with the centerline of vacated 10th Street, as shown on the plat of Conley's Addition to East Pueblo, southerly along the Westerly right of way line of Erie Avenue to the intersection of said westerly right of way line of Erie Avenue with the centerline of vacated 9th Street; THENCE Westerly along said centerline of vacated 9th Street to the intersection of the west line of Block 98, if extended southerly, with the centerline of aforesaid vacated 9th Street; THENCE Northerly along the westerly lines of vacated 9th Street and the southerly extension of the westerly line of Block 98 and the westerly line of vacated 10th Street, to the intersection of the westerly line of Block 98, if extended southerly with the centerline of vacated 10th Street; THENCE Easterly along said centerline of vacated 10th Street to the intersection of the westerly right of way line of Erie Avenue with the centerline of vacated 10th Street and the POINT OF BEGINNING. County of Pueblo, State of Colorado. The above requested I-2 zoning contains 2.72 acres more or less. BLOCK 98: Alley vacated by Ordinance No 789 as recorded December 10, 1909 in Book 344 at Page 381. 10th Street vacated by Resolution dated November 28, 1938 and recorded December 15, 2017 at Reception No. 2091305. BLOCK 97: Alley vacated by resolution recorded January 12, 1973 in Book 1738 at Page 94, Ninth Street vacated by resolution recorded May 17, 1938 in Book 852 at Page 552 and January 12, 1973 in Book 1738 at Page 93. Additional area shown hereon located within "Block 97" was owned by the State Department of Highways as referenced in Right-of-Entry agreement per Book 2392, Page 103, and Book 2427, Page 971 of the Pueblo County Records. This area was included within the Special Warranty Deed recorded December 1, 2020 at Reception No. 2202722 of the Pueblo County Records and further evidenced by ALTA/NSPS Land Title Survey performed by Oliver E. Watts, Colo. PE-LS No. 9853 dated September 8, 2020. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective immediately upon final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 28, 2024. Final adoption of Ordinance by City Council on November 11, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # S1 Background Paper for Proposed Action Item COUNCIL MEETING DATE: November 11, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 2.39-ACRES FROM I-3, HEAVY INDUSTRIAL ZONE DISTRICT; S-1, GOVERNMENT USE ZONE DISTRICT; AND S-3, FLOOD PLAIN DISTRICT ZONE DISTRICT TO I-3, HEAVY INDUSTRIAL ZONE DISTRICT AND TO REZONE 2.72-ACRES FROM S-1, GOVERNMENT USE ZONE DISTRICT TO I-2, INDUSTRIAL ZONE DISTRICT SUMMARY: The applicant is requesting to rezone 2.39-acres (parcel 430309001) from I-3, Heavy Industrial; S-1, Government Use; and S-3, Flood Plain District Zone Districts to I-3, Heavy Industrial Zone District. The applicant is also requesting to rezone 2.72-acres (parcel 430320004) from S-1, Government Use Zone District to I-2, Industrial Zone District, to facilitate redevelopment of the former Colorado Department of Transportation Site. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The proposed rezoning site is made up of two parcels that previously served as the Colorado Department of Transportation (CDOT) Region 2 Headquarters. The southern parcel, 430320004, is zoned S-1, Government Use District and S-3, Floodplain District. It appears that CDOT operations began in this location prior to 1968. The official 1968 Zoning Map shows the eastern portion of this parcel zoned as S-1 Government Use District and the western portion of the parcel as S-3, Floodplain District. The northern parcel, 430309001, was purchased by CDOT in 1978 to expand operations. CDOT operated at this site under the I-3, Heavy Industrial and S-3, Floodplain Zone District, as was originally zoned in 1968. In 1968, the City underwent an expansive update to the zoning code and zoning map. At the time, much of the eastern portion of Fountain Creek was considered 100-year floodplain and was therefore zoned S-3, Floodplain. Resulting in split zoning for many parcels along Fountain Creek. In 2016 CDOT constructed a new headquarters building at 5615 Wills Boulevard. Zell Holdings, LLC, purchased both parcels in 2020 and are requesting to rezone to facilitate redevelopment of the site. The rezoning application states that the property owner equipment maintenance and storage, and vehicle repair shops. Zell Holdings is requesting to rezone the property to I-2 and I-3 to continue the uses listed above. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their October 9, 2024 Regular Meeting, voted 6-0 to recommend approval, Commissioner Maestri absent. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. A Public Notice poster was placed on the subject property 15 days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Ordinance the property will not be zoned in accordance with the Pueblo Municipal Code. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Z-24-07 Combined Attachments