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HomeMy WebLinkAbout6605RESOLUTION NO. 6605 A RESOLUTION MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER PUBLIC HEARING ON THE ORDINANCE CAPTIONED "AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -2 TO B -3 COVERING A PARCEL OF LAND COMMONLY KNOWN AS THE SOUTH SIDE OF THE 5100 BLOCK OF THATCHER AVENUE" WHEREAS, an Ordinance captioned "An Ordinance Changing Zoning Restrictions From R -2 To B -3 Covering A Parcel Of Land Commonly Known As The South Side Of The 5100 Block of Thatcher Avenue" (herein "Ordinance ") was presented to the City Council upon second and final presentation on June 11, 1990, and WHEREAS, the City Council held a public hearing prior to City Council acting upon the Ordinance, and WHEREAS, the public hearing commenced on May 29, 1990 and was continued to and concluded on June 11, 1990, and WHEREAS, a motion made after public hearing to approve the Ordinance failed to pass by five councilpersons voting against the motion and two councilpersons voting for the motion, and WHEREAS, the City Council does hereby take administrative notice of Section 17 -4 -51(4) and (11.1) of the 1971 Code of Ordinances of the City of Pueblo; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Based upon the evidence presented and introduced at the public hearing held before the City Council on the Ordinance and administrative notice of the City's Ordinances heretofore taken, the City Council of the City of Pueblo does hereby find and deter- minethat: 1. The property sought to be rezoned is an unimproved 15.5 acre tract of land, approximately 750 feet x 900 feet (750 feet along Thatcher Avenue and 900 feet along Long Street). Thatcher Avenue is a Colorado state highway and Long Street is a dead end 25 foot wide public street. 2. The property is identified in the Pueblo Regional Comprehensive Development Plan ( "comprehensive plan ") as urban residential and the immediately surrounding area, both within the City and County, has developed residentially. 3. The property is located within and surrounded by R -2 zone districts. The standards of an R -2 zone district are designed to retain and provide areas primarily for single - family development of medium density. The only use by right in an R -2 zone district under Section 17 -4 -51(4) of the 1971 Code of Ordinances is one - family residences. 4. The requested zoning change is from R -2 zone district to a B -3 zone district. The standards of a B -3 zone district are intended to provide areas along highways and arterial streets for the location of businesses and services. Use by right in a B -3 zone district under Section 11.1 of the 1971 Code of Ordinances is any use which is primarily retail, office, commercial, finance, transient residence, adult entertainment, government, service, social or cultural in nature (including parking lot and parking structure) which serves the public good. 5. Although Bandera Boulevard as shown in the Year 2010 Transportation Plan is proposed to extend from the El Camino -2- neighborhood to Thatcher Avenue bisecting the property, no timetable has been established for such extension. 6. There has not been any material change in the surround- ing area since the adoption of the comprehensive plan and establishing residential zoning for the neighborhood. 7. The proposed zoning change would significantly alter the residential character of the neighborhood and significantly impact traffic in the area. 8. The proposed zoning change does not further the comprehensive plan and if granted would merely relieve the property from the restrictions of residential zoning. 9. The requested zoning change should not be granted. CFrTTr)hl 7 This Resolution is hereby approved and adopted nunc pro tunc June 11, 1990. INTRODUCED: August 13, 1990 By FAY KASTELIC Councilperson ATTEST: APPRO D: C1 y Clerk PrQ.5,ident of the City Council TJ 46.16 -3-