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Home My WebLink About10901 City Clerk's Office Item # S3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 10, 2025 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 .15-ACRES LOCATED AT 915 NEVADA AVENUE FROM R-2, SINGLE- FAMILY RESIDENTIAL ZONE DISTRICT TO RCN, RESIDENTIAL CHARTER NEIGHBORHOOD ZONE DISTRICT SUMMARY: The applicant is requesting to rezone .15-acres located at 915 Nevada Avenue, generally east of Lake Minnequa, from R-2, Single-Family Residential Zone District to RCN, Residential Charter Neighborhood Zone District. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is a 0.15-acre parcel, generally located east of Lake Minnequa and north of St. John Neumann Catholic School. The property has been developed with a 575 square foot house, built in 1947, and a 240-square foot garage. Both structures sit on the east side of the subject property. The west side is vacant, which is where the applicant intends to develop a second principal structure. The subject property is currently zoned R-2, which sets a minimum 5,000 square foot lot size. The subject property meets these requirements as it has an area of 6,534 square feet; however, the lot size would need to be at least 10,000 square feet to develop a second principal structure since two principal structures are only permitted if both meet the lot size requirements as if they were each on individual lots. Therefore, the applicant would be unable to develop a second principal structure on the lot under the R-2 minimum lot requirement. Should the subject property be rezoned to RCN, the applicant could develop a second principal structure because the RCN Zone District reduces the minimum lot size for single-family detached residences to 2,500 square feet. The RCN Zone District also provides more flexibility regarding setbacks. In R-2, the front setback but instead by the average setbacks of existing structures on adjacent lots. The RCN ods while meeting modern needs and standards. The subject property is located within the established Bessemer neighborhood, matching the intent of the RCN Zone District to so designated as Urban Neighborhood by the 2022 Comp Plan, which supports higher density and housing choice. The proposed rezoning to facilitate infill residential development meets the intent of the Comprehensive Plan by providing a mix of housing types within central portions of the City. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their January 8, 2025, Regular Meeting, voted 7-0 to recommend approval. 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-24-22 Attachments ORDINANCE NO. 10901 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE .15-ACRES LOCATED AT 915 NEVADA AVENUE FROM R-2, SINGLE-FAMILY RESIDENTIAL ZONE DISTRICT TO RCN, RESIDENTIAL CHARTER NEIGHBORHOOD 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 R-2, Single-Family Residential to RCN, Residential Charter Neighborhood Zone District: LOTS 15 + 16 BLK 15 EAST LAKE 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 January 27, 2025. Final adoption of Ordinance by City Council on February 10, 2025. ____________________________ 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 MINUTES OF REGULAR MEETING City of Pueblo, Colorado Wednesday January 8th, 2025 – 3:30 p.m. City Council Chambers, 1 City Hall Place The meeting was called to order at 3:38 PM with Chairman Mike Castellucci presiding. Commissioners Present:Mike Castellucci, Patrick Avalos, Regina Maestri, Christopher Pasternak, Alexandra Aznar, Lisa Bailey, and Cheryl Spinuzzi Commissioners Absent: Staff Members Present: David Wyatt, Assistant City Attorney; Scott Hobson, Acting Director of Planning and Community Development; Beritt Odom, Principal Planner; Mikaylin Hackley, Planner; Hannah Prinzi, Planner Staff Members Absent: Cindy Capritta, Land Use Tech Approval of the Agenda: Baileymotioned to approve the agenda as amended, seconded by Maestri. Motion Passed: 7-0 2. Z-24-22 Rezone: Rezoning of .15 acreslocated at 915 Nevada Ave, generally east of Lake Minnequa, from Single-Family Residential (R-2) to Resident Charter Neighborhood (RCN) Zone District. Staff report by Hannah Prinzi. Hearing: Applicant Eduardo Esquivel was sworn in and spoke in support of the application. No one spoke in opposition. Commission Action: Bailey moved to recommend the rezoning application be forwarded to City Council for approval, seconded by Spinuzzi. Motion Passed: 7-0 Z-24-22 TO: City of Pueblo, Planning and Zoning Commission FROM: Hannah Prinzi, Planner THROUGH: Scott Hobson, Acting Director of Planning and Community Development th DATE: January 8, 2025 SUBJECT: Rezone from Single-Family Residential (R-2) to Residential Charter Neighborhood (RCN) Zone District. APPLICANT: Nick Gradisar PROPERTY OWNER: Nick Gradisar LOCATION: 915 Nevada Ave, generally east of Lake Minnequa CONCURRENT N/A REQUESTS: REQUEST: Rezone 0.15 acres located at 915 Nevada Ave, generally east of Lake Minnequa, from Single-Family Residential (R-2) to Resident Charter Neighborhood (RCN) Zone District to facilitate infill residential development of a second principal structure at the subject property. BACKGROUND AND ANALYSIS: The applicant is requesting to rezone their property at 915 Nevada Ave from Single-Family Residential (R-2) to Residential Charter Neighborhood (RCN) Zone District to facilitate infill residential development of a second principal structure. The subject property is a 0.15-acre parcel, generally located east of Lake Minnequa and north of St. John Neumann Catholic School. The property has been developed with a 575 sq. ft. house, built in 1947, and a 240 sq. ft. garage. Both structures sit on the east side of the subject property. The west side is vacant, which is where the applicant intends to develop a second principal structure (See Exhibit F. Site Plan). The subject property is currently zoned R-2, which sets a minimum 5,000 sq. ft. lot size. The subject property meets these requirements as it has an area of 6,534 sq. ft.; however, the lot size would need to be at least 10,000 sq. ft. to develop a second principal structure since two principal structures are only permitted if both meet the lot size requirements as if they were each on individual lots (Per Sec. 17-4-24 of the Pueblo Municipal Code). Therefore, the applicant would be unable to develop a second principal structure on the lot under the R-2 minimum lot requirement. Should the subject property be rezoned to RCN, the applicant could develop a second principal structure because the RCN Zone District reduces the minimum lot size for single-family detached residences to 2,500 sq. Planning & Zoning Commission Z-24-18 2 ft. The RCN Zone District also provides more flexibility regarding setbacks. In R-2 determined by a fixed distance but instead by the average setbacks of existing structures on adjacent lots (Sec 17-4-4 (f) (3)). The Residential Charter Neighborhood Zone and standards. The subject property is located within the established Bessemer neighborhood, matching the . The subject property is also designated as Urban Neighborhood by the 2022 Comp Plan, which supports higher density and housing choice. The proposed rezoning to facilitate infill residential development meets the intent of the Comprehensive Plan by providing a mix of housing types within central portions of the city. The draft Site Plan (Exhibit F) west of existing garage. The proposed home Ave, which is less intrusive than the established home on the site as it sits If the property is developed as proposed, the lot coverage would increase from 12.5% to 24%, significantly less than the maximum 50% lot coverage set by the RCN Zone District. Should the rezone request be approved, the applicant would need to acquire all applicable permits before development can occur on site. Staff will be working with the applicant to ensure the final, approved plan meets all relevant criteria set forth in the Pueblo Municipal Code. LAND USE AND PLANNING COMMENTS CHARACTER AND COMPATIBILITY Site Character: The site currently has a 575 sq. ft. house and 240 sq. ft. detached garage. The property west of the garage is vacant and undeveloped. Neighborhood North R-2 Single-Family Residential, single-family homes Compatibility: East R-2 Single-Family Residential, single-family homes South S-1 Government Use District, St. John Neumann Catholic School West R-2 Single-Family Residential, single-family homes Comprehensive Plan The subject site is designated as Urban Neighborhood by the Pueblo Regional Compliance: Comprehensive Plan, 2022. Urban Neighborhoods are generally located in the central portion of the city and were developed prior to 1950. Such neighborhoods are characterized by uniform block sizes with gridded streets, alleys, and an integrated mix of housing types, including single-family homes, duplexes, small multi-family buildings, and accessory dwelling units. The proposed rezoning to facilitate infill residential development meets the intent of the Comprehensive Plan by providing a mix of housing types within central portions of the city. Planning & Zoning Commission Z-24-18 3 ZONING AMENDMENT TEST The standard for accepting an amendment to the zoning map is that the proposed zoning action must either: 1) Further the goals and objectives of the comprehensive land use plan, or Comments The Comprehensive Plan 2022 designates the subject property as an Urban Neighborhood, which supports a higher residential density. Increasing the density of the subject property supports the goals of the Comprehensive Plan to allow a higher density in the neighborhood. 2) Show that the area has changed significantly since the adoption of the comprehensive land use plan Comments Not Applicable 3) Show that there was a mistake or error made in the original zoning of the property. Comments Not Applicable APPLICATION REQUIREMENT PER §17-6-1 OF THE PUEBLO MUNICIPAL CODE The applicant's name and address and the name and address of any person, firm or corporation represented by such applicant in the application Comments The application contains the required information. The interest of the applicant and the interest of the person, firm or corporation represented by the applicant, be it legal, sales development, operation or other interest. Comments The application contains the required information. The nature of the amendment and a legal description of the property that would be affected by the amendment. Comments The application contains the required information. A statement of the facts which the applicant believes justify the amendment; provided; however, that when any amendment changing the zoning map is requested, the following additional information shall be furnished: Comments The application contains the required information. A general description of the proposed development to the distance which will be affected; such description including subjects of environmental effect, economic effect and traffic effect, if any; and such description carried out in scope and detail to the extent needed to support the requested amendment and as may be required by the Planning and Zoning Commission. Comments The application contains the required information. A tentative site plan showing proposed structures, uses, open spaces, facilities for parking and loading and arrangements for pedestrian and vehicular circulation. Comments The application contains the required information. A statement of the proposed time schedule for beginning and completion of development. Comments Not submitted A statement reasonably indicating the applicant's economic responsibility and capability of accomplishing the development for which a zoning amendment is requested. Comments Not submitted Planning & Zoning Commission Z-24-18 4 CONTEXT OF ZONE DISTRICT REQUIREMENTS PER §17-4-51(16) OF THE PMC: A. Purpose of RCN Zone District Standards: neighborhoods, sometimes referred to as Charter Neighborhoods, while meeting modern needs and standards. These developed neighborhoods have a traditional neighborhood pattern with a diversity of affordable housing types on a variety of lot sizes with small lots predominating. There are tree-lined streets with sidewalks, alleys, neighborhood parks, and a mixture of uses within the residential fabric. The neighborhoods historically functioned at a pedestrian scale, with most residences, public amenities, and neighborhood goods and services accessible with little dependence on an automobile. There are some nonresidential uses that present actual or potential computability problems. The standards of this district are intended to maintain and enhance these and other such desirable neighborhood characteristics and resolve questions of the computability of adjacent uses. REFERRAL AGENCIES AND COMMENTS: City Public Works- No Comment City Transportation- No Comment City Law Department- No Comment Pueblo Regional Building Department- No Comment City Fire Department- No Comment. At the time of pulling a new building permit for the secondary structure, a separate address will be created. There will be access from Oakland Ave for the second residence. City Wastewater-No comment City Stormwater-No comment City Parks and Recreation Department- No Comment Xcel Energy- No Comment Black Hills Energy- No Comment CDOT- No Comment ATTACHMENTS: A. Aerial Photograph B. Zoning Map C. Comprehensive Plan Map D. Site Photographs E. Zoning Exhibit F. Site Plan Planning & Zoning Commission Z-24-18 5 A. Aerial Photograph B. Zoning Map Planning & Zoning Commission Z-24-18 6 C. Comprehensive Plan Map D. Site Photos, Public Notice Planning & Zoning Commission Z-24-18 7 E. Zoning Exhibit Planning & Zoning Commission Z-24-18 8 F. Site Plan in , in 2) to 2) to -- , 3:30 PM, 3:30 PM, h t 8th8 JanuaryJanuary Family Residential (RFamily Residential (R -- Please contact the planner listed below if Please contact the planner listed below if UPDATED AND ACCURATE UPDATED AND ACCURATE , Planner, Planner for the approval of the following application:for the approval of the following application: 22622262 Rezone 915 Nevada Ave, 0.15 acres from SingleRezone 915 Nevada Ave, 0.15 acres from Single -- You are welcome to attend this public hearing, in person, to express your You are welcome to attend this public hearing, in person, to express your 22:22: . . -- Hannah PrinziHannah Prinzi 2424 -- The City Planning and Zoning Commission will hold a public hearing on a request from Nick Gradisar Z Residential Charter Neighborhood (RCN) Zone District. Meeting ID: 160 383 2441, Passcode: 911780, Telephone: 1 669 254 5252 US (San Jose)Planning & Community DevelopmentBy Residential Charter Neighborhood (RCN) Zone District. Meeting ID: 160 383 2441, Passcode: 911780, Telephone: 1 669 254 5252 US (San Jose)Planning & Community DevelopmentBy December 20, 2024viewpoint concerning this proposal. To review the plans and staff report for the proposed application, please visit www.pueblo.us/PandZ and click on “Most Recent Agenda” no sooner than the Friday prior to the hearing. you have questions. Scott Hobson, Acting DirectorDecember 20, 2024 The City Planning and Zoning Commission will hold a public hearing on a request from Nick Gradisar Z viewpoint concerning this proposal. To review the plans and staff report for the proposed application, please visit www.pueblo.us/PandZ and click on “Most Recent Agenda” no sooner than the Friday prior to the hearing. you have questions. Scott Hobson, Acting Director City Council Chambers, 1 City Hall Place, Pueblo, CO. To view the meeting by Zoom: https://www.zoomgov.com/j/1603832441?pwd=oYGaUDZZfhYtMgcqpA7X0p2SJjWy3h.1(719) 553City Council Chambers, 1 City Hall Place, Pueblo, CO. To view the meeting by Zoom: https://www.zoomgov.com/j/1603832441?pwd=oYGaUDZZfhYtMgcqpA7X0p2SJjWy3h.1(719) 553 The Planning and Zoning Commission meeting will be held on The Planning and Zoning Commission meeting will be held on , in , in 2) to 2) to -- US (San 3:30 PM request from , 3:30 PM , h a t 88th 254 5252 express your to January January Family Residential (RFamily Residential (R -- . To view the meeting by Zoom: , in person, , Telephone: 1 669 Please contact the planner listed below if Please contact the planner listed below if 911780 , Passcode: UPDATED AND ACCURATE UPDATED AND ACCURATE , Planner, Planner for the approval of the following application:for the approval of the following application: 160 383 2441 2262 2262 Rezone 915 Nevada Ave, 0.15 acres from Single-Rezone 915 Nevada Ave, 0.15 acres from Single - You are welcome to attend this public hearingYou are welcome to attend this public hearing, in person, to express your 22:22: . . -- Hannah PrinziHannah Prinzi 2424 -- December 20, 2024 The City Planning and Zoning Commission will hold a public hearing on Nick Gradisar Z Residential Charter Neighborhood (RCN) Zone District. Meeting ID:Jose)Scott Hobson, Acting DirectorPlanning & Community DevelopmentBy (719) 553 The City Planning and Zoning Commission will hold a public hearing on a request from Nick Gradisar Z Residential Charter Neighborhood (RCN) Zone District. Meeting ID: 160 383 2441, Passcode: 911780, Telephone: 1 669 254 5252 US (San Jose)viewpoint concerning this proposal. To review the plans and staff report for the proposed application, please visit www.pueblo.us/PandZ and click on “Most Recent Agenda” no sooner than the Friday prior to the hearing. you have questions. Scott Hobson, Acting DirectorPlanning & Community DevelopmentBy viewpoint concerning this proposal. To review the plans and staff report for the proposed application, please visit www.pueblo.us/PandZ and click on “Most Recent Agenda” no sooner than the Friday prior to the hearing. you have questions. December 20, 2024 City Council Chambers, 1 City Hall Place, Pueblo, COhttps://www.zoomgov.com/j/1603832441?pwd=oYGaUDZZfhYtMgcqpA7X0p2SJjWy3h.1City Council Chambers, 1 City Hall Place, Pueblo, CO. To view the meeting by Zoom: https://www.zoomgov.com/j/1603832441?pwd=oYGaUDZZfhYtMgcqpA7X0p2SJjWy3h.1(719) 553 The Planning and Zoning Commission meeting will be held on The Planning and Zoning Commission meeting will be held on CASE NUMBERZ-24-22 CERTIFICATION I hereby certify that I did this day cause written notice of the public hearing on the proposed Zoning Map Amendment of the property located at 915 Nevada Aveto be sent to the attached list of owners of the real property lying within three hundred (300) feet of the said property on which the Zoning Map Amendment is proposed by depositing the same properly addressed and postage paid in the post office, as set forth in the Code of Ordinances, Section 17-6-2. 12-19-24 ______________________________ (Date) PUEBLO PLANNING & ZONING COMMISSION Mailed by Carol Martinez By I hereby certify that I did this day verify and photograph the posted notice of the public hearing on the Zoning Map Amendmentof the property located at 915NevadaAve,upon which action is pending as set forth in the Code of Ordinances, Section 17-6-2. 12-19-24 Photo uploaded 12-31-24 ______________________________ (Date) PUEBLO PLANNING & ZONING COMMISSION Photo taken by Planner By hǞƓĻƩhǞƓĻƩ{ƷƩĻĻhǞƓĻƩ/źƷǤhǞƓĻƩ{ƷğƷĻhǞƓĻƩźƦ MARMOLEJO JASON/TRUJILLO SELINA E161 FORDHAM CIRPUEBLOCO81005-1614 JESSE CHRISTINE17 GLENROYAL DRPUEBLOCO81005-2114 CROWLEY THOMAS B/MARTINEZ MARIA G18058 E BERRY AVECENTENNIALCO80015-2606 O DONNELL JODI2301 E ORMAN AVEPUEBLOCO81004-3924 ASGARI ANITA E2302 OAKLAND AVEPUEBLOCO81004-3920 DOLCE WHETSTONE BOBBIE JOLENE + DOLCE WHETSTONE TORRI CHANELLE2306 OAKLAND AVEPUEBLOCO81004-3920 MARTINEZ JULIO A/MARTINEZ LORRENDA2309 OAKLAND AVEPUEBLOCO81004-3919 RODERIQUE GARY B2310 OAKLAND AVEPUEBLOCO81004-3920 MEYER JEANETTE J2314 E ORMAN AVEPUEBLOCO81004-3925 WHITTEMORE GARRY B III2315 OAKLAND AVEPUEBLOCO81004-3919 ESQUIBEL WILLIAM LEROY/ESQUIBEL MAR2317 E ORMAN AVEPUEBLOCO81004-3924 PIANO CLARA NICOLE/PIANO JO A2318 WYOMING AVEPUEBLOCO81004-3963 HANEMANN MICHAEL2319 OAKLAND AVEPUEBLOCO81004-3919 HEATHCOCK RICHARD E2320 WYOMING AVEPUEBLOCO81004-3963 KERN WILLIAM D/KERN CATHERINE J2321 OAKLAND AVEPUEBLOCO81004-3919 LUECK KATHLEEN A2324 OAKLAND AVEPUEBLOCO81004-3920 WOLF MARGARET L2325 E ORMAN AVEPUEBLOCO81004-3924 CRUZ GUTIERREZ SHONNA Y2326 OAKLAND AVEPUEBLOCO81004-3920 DAVIDSON CHRISTOPHER JAMES / DAVIDS2326 E ORMAN AVEPUEBLOCO81004-3925 TROUT RALPH2328 E ORMAN AVEPUEBLOCO81004-3925 ROMAN ADAM J2329 E ORMAN AVEPUEBLOCO81004-3924 FOX MYRON ALLEN2401 OAKLAND AVEPUEBLOCO81004-3921 ELLIS STANLEY R/MADISON BARBARA F2402 E ORMAN AVEPUEBLOCO81004-3972 SPEIER CRYSTAL M2403 OAKLAND AVEPUEBLOCO81004-3921 MARTINEZ HERMAN R / MARTINEZ GERALD2405 OAKLAND AVEPUEBLOCO81004-3921 LUCERO ANTHONY F2406 WYOMING AVEPUEBLOCO81004-3965 HILL PATRICIA2410 E ORMAN AVEPUEBLOCO81004-3972 HARVEY UDELE2414 E ORMAN AVEPUEBLOCO81004-3972 PACHAK ALBERT J SR2421 OAKLAND AVEPUEBLOCO81004-3921 EF4R LLC262 STEPPING STONE XINGWIMBERLEYTX78676-5930 DIAMOND PROPERTY LLC2834 LAKE AVEPUEBLOCO81004-3821 RACOBS HELEN R2933 DEER CREEK DRPARKERCO80138-4690 GODEC SARAH E301 E ORMAN AVEPUEBLOCO81004-2146 CHAPMAN DONALD E RESIDUARY TRUST/CH43 BRIARGATE TERPUEBLOCO81001-1746 EDWARDS TORI5115 GOLDEN HILLS CTCOLORADO SPRINGSCO80919-8124 MORAN MICHAEL W5220 LANAGAN STCOLORADO SPRINGSCO80919-3558 GRADISAR NICHOLAS/GRADISAR ANTHONY5606 BELLAGIO WAYPUEBLOCO81005-5568 QUIJADA LARA CARLOS ANDRES921 E 14TH STPUEBLOCO81001-2926 ST JOHN NEUMANN CATHOLIC SCHOOL + C/O LAKEVIEW SCHOOL2415 E ORMAN AVEPUEBLOCO81004-3970 MAESTAS MARGARET C + C/O MARY GIUS2323 OAKLAND AVEPUEBLOCO81004-3919