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HomeMy WebLinkAbout10979 City Clerk's Office Item # S2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 23, 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 299.512-ACRES OF LAND GENERALLY LOCATED NORTH AND SOUTH OF HIGHWAY 78, EAST OF THE SOUTH SIDE LANDFILL FROM PUEBLO COUNTY A-3, SMALL AGRICULTURE ZONE DISTRICT TO CITY OF PUEBLO R-6, MULTIPLE RESIDENTIAL AND COMMERCIAL ZONE DISTRICT AND A-1, AGRICULTURAL ONE ZONE DISTRICT SUMMARY: The applicant is requesting to rezone 123.598-acres of land located north of Highway 78 from Pueblo County A-3, Small Agriculture Zone District to City of Pueblo A-1, Agricultural One Zone District as a holding zone. The 175.914-acres located south of Highway 78 is proposed to be rezoned from Pueblo County A-3, Small Agriculture Zone District to City of Pueblo R-6, Multiple Residential and Commercial Zone District to facilitate development of a recreational vehicle park, residential dwelling units and neighborhood serving commercial development. PREVIOUS COUNCIL ACTION: On January 27, 2025, City Council approved Ordinances 10888 and 10889 which approved the Pueblo Recreation Resort Annexation Nos. 1 and 2. The applicant is concurrently requesting to amend the Pueblo Regional Comprehensive Plan, 2022. (CP-25-01) BACKGROUND: The subject property, 299.512-acres, was annexed into the City as the Pueblo Recreation Resort Annexation No. 1 and No. 2 in January 2025 following a 5-0 recommendation of approval from the Planning and Zoning Commission in December 2024. The annexation area is bisected by Hwy 78; the 123.59 acres located north of Hwy 78 is proposed to be rezoned to an A-1, Agricultural One District as a holding zone as approved in the annexation agreement. The southern portion of the annexation area, 175.91 acres, is proposed to be rezoned to R-6, Multiple Residential and Commercial District, to facilitate the development of a recreational vehicle park in the eastern portion of the site, neighborhood commercial in the northwest portion of the site, and residential development in the southwest portion of the site. According to the Municipal Code, the standards of the R-6 Zone District are designed to retain and provide areas of mixed residence, commercial use, and accommodations for individuals staying for short periods of time. Annexation Agreement Related to Zoning and Secondary Access: According to the annexation agreement, the northern portion of the annexation area is to be zoned as an A-1, Agricultural One District for a period not to exceed 180 months from the date of the annexation agreement. Prior to the conclusion of the180 months, corresponding to the land use classification into which such land has been classified un be issued for the northern portion of the annexation area while the property is zoned A- 1. The annexation agreement also states that the petitioner shall provide secondary access to the property in accordance with the 2015 International Fire Code. The secondary access will most likely be provided by the planned extension of Lake Avenue and/or Bridle Trail. The City reserves the right to not approve subsequent subdivisions or approve building permits until the secondary access requirement is fulfilled. Proposed Land Uses: Specific land uses for the property located north of the highway have not been identified at this time. The applicant intends to submit an Overall Development Plan (ODP) for the entire annexation area prior to subdivision of any portion of the property. The ODP will identify land uses, drainage, parks, utilities, traffic and subdivision phasing. The ODP, in conjunction with the Comprehensive Plan, will guide future zoning actions on the portion of property located north of Hwy 78. A conceptual site plan for the land south of Hwy 78 that is proposed to be rezoned to R-6 was submitted with this rezoning application. According to the plan, the RV resort will include RV camping sites, two mountain bike course, an adventure course, and a water park located east of the future extension of Lake Ave. The western portion of the site will house residential and neighborhood-scale commercial development. According to the applicant, the housing product will directly support the RV resort, and the neighborhood-scale commercial uses will support both the RV resort and residential neighborhood. Generally, RV parks and resorts are located on the periphery of an urban area to facilitate access for recreational vehicles, and patrons generally desire a more rural setting with access to nature. The proposed location, directly south of Hwy 78, provides a rural setting for RV patrons while providing access to municipal services. The applicant states that the proposed RV resort location is ideal because the land surrounding the development site remains undeveloped and patrons have easy access to Hwy 78. Lake Avenue is planned to intersect with Highway 78, which the applicant attests will create an ideal intersection for RV resort development along the eastern portion of the intersection and commercial development along the western portion of the intersection. According to the the impact to lower-density residential neighborhoods, which are traditionally located FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their May 14, 2025, Regular Meeting, voted 4-3 to recommend approval. Castellucci, Avalos and Aznar dissenting. 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-25-06 Attachments ORDINANCE NO.10979 AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE 299.512-ACRES OF LAND GENERALLY LOCATED NORTH AND SOUTH OF HIGHWAY 78, EAST OF THE SOUTH SIDE LANDFILL FROM PUEBLO COUNTY A-3, SMALL AGRICULTURE ZONE DISTRICT TO CITY OF PUEBLO R-6, MULTIPLE RESIDENTIAL AND COMMERCIAL ZONE DISTRICT AND A-1, AGRICULTURAL ONE 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 Pueblo County A-3, Small Agriculture Zone District to City of Pueblo A-1, Agricultural One Zone District and Pueblo County A-3, Small Agriculture Zone District to City of Pueblo, R-6 Multiple Residential and Commercial Zone District: AREA NORTH OF HIGHWAY 78 A TRACT OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION TH 17, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6 PRINCIPAL MERIDIAN, MONUMENTED ON THE WESTERLY END BY A 3- T21S R65W ¼ SEC 18 SEC 17 END BY 3- 2,641.73 FEET. COMMENCING AT THE WEST QUARTER CORNER OF SECTION 17, TOWNSHIP 21 TH SOUTH, RANGE 65 WEST OF THE 6 PRINCIPAL MERIDIAN, SAID POINT BEING THE QUARTER OF SAID SECTION 17 A DISTANCE OF 2,641.73 FEET TO THE CENTER THE SOUTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 1,071.76 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 78 AS DES NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 3,253.55 FEET TO A POINT ON THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 21 TH SOUTH, RANGE 65 WEST OF THE 6 SAID WEST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 325.56 FEET TO THE OF THE SOUTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 2,680.13 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 5,383,947 SQUARE FEET OR 123.598 ACRES, MORE OR LESS. AREA SOUTH OF HIGHWAY 78 A TRACT OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION TH 17, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6 PRINCIPAL MERIDIAN, MONUMENTED ON THE WESTERLY END BY A 3- T21S R65W ¼ SEC 18 SEC 17 END BY 3- 2,641.73 FEET. COMMENCING AT THE WEST QUARTER CORNER OF SECTION 17, TOWNSHIP 21 TH SOUTH, RANGE 65 WEST OF THE 6 THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17 A DISTANCE OF 2,641.73 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 17; THENCE DISTANCE OF 1,256.86 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 78 AS DESCRIBED IN BOOK 1264, PAGES 291 AND 294, SAI ON SAID EAST LINE A DISTANCE OF 1,390.47 FEET TO THE SOUTH QUARTER CORNER TH QUARTER OF SECTION 20, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6 PRINCIPAL MERIDIAN A DISTANCE OF 2,530.02 FEET TO A POINT ON THE NORTHERLY LINE OF DEED RECORDED IN BOOK 1438 AT PAGE 413; THENCE ON SAID NORTHERLY LINE THE FOLLOWING TWO (2) COURSES: 1. 2. THE NORTHWEST QUARTER OF SAID SECTION 17; DISTANCE OF 808.85 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 78 AS DESCRIBED IN BOOK 1264, PAGES 291 AND -OF-WAY LINE A DISTANCE OF 3,252.63 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 7,662,797 SQUARE FEET OR 175.914 ACRES, MORE OR LESS. 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 on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 9, 2025. Final adoption of Ordinance by City Council on June, 23, 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