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HomeMy WebLinkAbout05932 ORDINANCE NO. 5932 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM B-2 TO B-3 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 503 AVOCADO STREET SUB- JECT TO CONDITION SUBSEQUENTLY BEING MET BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The zoning restrictions covering the following described property be changed from B-2, Subregional Business District, to B-3, Highway and Arterial Business District, and upon passage of this ordinance, zoning restrictions affecting B-3, Highway and Arterial Business District, shall apply to said property: North 215 feet of Lot 1 less North 19 feet, Block 2, W.D.B. Land Co. Subdivision No. 1, and more commonly known as: 503 Avocado Street. SECTION 2. This zoning ordinance, upon recommendation of the Planning and Zoning Commission, is approved with the follow- ing condition: a six-foot sidewalk be installed. The City Planning and Zoning Commission is hereby authorized and directed to initiate proceedings to rezone the above-described property to a B-2, Subregional Business District, if the property owners or his heirs, successors or assigns fail to meet the condition within six (6) months of passage of this ordinance. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED January 9 , 1995 BY SAMUEL CORSENTINO Councilperson ATTEST: City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: December 22, 1994 TO: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. Z-94-22--REZONING REQUEST--B-2 to B-3 503 AVOCADO STREET SYNOPSIS BACKGROUND: The applicant proposes to fezone a retail tackle shop and adjacent vacant lot to allow boat storage through a special use permit. ISSUES: Approval of the proposal will promote a higher intensity of commercial activity in the area but will also promote the development of a vacant property. RECOMMENDATION: The Commission recommends approval by a 6-0 vote subject to the condition that a 6-foot sidewalk be installed and that it be completed within six months from the date of approval by City Council. GENERAL INFORMATION Applicant: Louis C. Curran Owner of Property: Same Location: Southwest Corner of Thatcher Avenue and Avocado Street Existing Zoning: B-2/Subregional Business District (See Attached ZONING/LOCATION MAP). Request: Rezone to B-3/Highway and Arterial Business District. Purpose: Allow boat storage (with a special use permit). Size: 27,548 Sq. Ft. Existing Land Use: Retail Tackle Store and Vacant Lot (See Attached SITE PHOTO). 211 E. "D" Street, P.O. Box 1427 · Pueblo, Colorado 81002-1427 ° (719) 543-6006 · Fax (719) 542-6244 Pueblo City Council Case No. Z-94-22 December 22, 1994 Page Two Surrounding Land Use/Zoning: NORTH--Used Car Lot/Pueblo County A-4 SOUTH--Residential/R-3 EAST--Residential/R-3 & Commercial/B-2 WEST--Boat Storage & Repair/B-3 Zoning History: There have been no other rezoning requests within a one-half mile radius of this site in the past 24 months. Applicable Regulations: The Standards of the B-2, Subregional Business District, "...are intended to provide areas for the sale at retail of convenience type goods and services required by residents of a subregion provided the outlets create no nuisancei" The Standards of the B-3 Zone, Highway and Arterial Business District, "...are intended to provide areas along highways and arterial streets for the location of businesses and services" (Section 17-4-51(11,1)(a) of the Zoning Ordinance). SPECIAL INFORM3~TION Public Utilities: --Water: The area of the proposal is presently serviced. The proposal will have no effect on existing water pressure. As a point of information, there is a 1-inch service line stub-in to the vacant lot that is proposed for boat storage. This stub-in belongs to the property owner (L. Huffstutter, 11/8/94). --Sanitary Sewer: Sanitary sewers exist in the area which can adequately accommodate any additional flow generated by the proposal (R. Morgan, 11/18/94). --Storm Sewer: There is no storm sewer or surface drainage in the area. There are no existing or potential drainage problems (R. Morgan, 11/18/94). Transportation: Existing traffic flow is "good." The proposal will not significantly affect traffic conditions. Commission my wish to require a 6-foot sidewalk adjacent to this lot as a condition of rezoning (D. Centa, 11/18/94). Comprehensive/ Area Plans: The Pueblo Reqional ComDrehensive DeveloDment Plan "Land Use" Map identifies this area as "Residential" use. Pueblo City Council Case No. Z-94-22 December 22, 1994 Page Three Planning: A basic Goal underlying the formation of the Comprehensive Plan is to "avoid situations where adjacent land uses are incompatible." The standard for acceptance of zoning change is that the proposed zoning action must: (1) either be in compliance with the master plan, in which case action need only relate to the general welfare of the community; or (2) where rezoning would be in violation of the master plan, there must be some change in the conditions of the neighborhood to support the zoning change. ANALYSIS The applicant proposes to rezone a retail tackle shop and adjacent vacant lot from B-2 to B-3 to allow boat storage (with a special use permit). The area of the proposal is in a mixed use (commercial/residential) neighborhood with diverse businesses intermingled with residences along Thatcher Avenue. A business similar to the applicant's proposal exists adjacent to the west. This area along Thatcher Avenue has seen an incremental change from residential to commercial usage over the past few years. Many of the commercial uses existed under County zoning ordinances prior to annexation to the City. A majority of the northern frontage along Thatcher Avenue remains in the County. The applicant's intended use of the property would allow more diverse and potentially higher impact businesses. However, it would also allow the development of vacant property. The proposal will not place an unreasonable or unacceptable demand on existing public utilities or services. The Department of Transportation suggests that as a condition for approval that a 6-foot sidewalk be constructed adjacent to the property. To determine the purpose of the requested zone change, the Commission must look to the test for spot zoning set forth in Clark vs. City of Boulder, 146 Colo. 526 p. 2d 160 (1961), which states: In determining whether spot zoning is involved, the test is whether the change in question was made with the purpose of furthering a comprehensive zoning plan or designed to merely relieve a particular property from the restrictions of zoning regulations. Id. at 146 Colo. 531. STAFF CONCLUSION Approval of the proposal will promote a higher intensity of commercial development in the area. Pueblo City Council Case No. Z-94-22 December 22, 1994 Page Four PUBLIC HEARING MINUTES (DECEMBER 14, 1994, SPECIAL MEETING) Louis Curran appeared and said he owns the Angler's Bait & Tackle Shop on this corner and he would like to have the property rezoned to a B-3 to allow him to have R.V. storage. He said he would then have to obtain a Special Use Permit for this use in the B-3. Mr. Curran said he submitted a petition with seven signatures of neighbors within 300 feet of the property, and they were in favor of the rezoning. Mr. Curran said he would fence the area and put down some kind of ground cover. Mr. Vigil asked if the fencing would be opaque. Mr. Curran said when he talked to the neighbors no one had any objections to the chain link fence as long as the land is kept in a clean manner. He noted there are three other R.V. storage lots in the area and none are screened. Mr. Ruybal alluded to the staff comment that a six-foot sidewalk should be provided. Mr. Centa explained that a sidewalk would be required upon the issuance of a building permit. Since no building permit is required for the proposed use, the only mechanism the City has to trigger this requirement is to make it part of the ordinance. Mr. Curran stated that the previous owner of the property had granted a 10-foot easement for right-of-way for future street and sidewalk improvements. He said he did not see a need for a sidewalk as it would dead end at the end of his property. Mr. Centa noted that the Commission has historically required sidewalk as a part of the rezoning when a building permit would not be required for development. No one appeared to oppose the rezoning request. Chairman Lytle made the staff report a part of the record and closed the hearing. COMMISSION DECISION (DECEMBER 14, 1994, REG~ MEETING) Mr. Reiff, seconded by Mr. Ruybal, moved to recommend approval subject to the condition that a 6-foot sidewalk be installed and it be completed within six months from the approval date of the ordinance by City Council. Motion carried 6-0. VPM/sw ATTACHMENTS: ZONING/LOCATION MAP SITE PHOTO CI~Y OF PUEBLO DEPARTMENT OF PLANNING & DEVIC~i~I~ ..........I ""% ,~' ........ ..... ............. if_r' il ...... ~ ;- r,,,.~, F._ ;-. '~ ~ ~,'... · . ...... ._ ~ '="~---~. ~ , . I ! I" ~" ~ '~" ----"'~' .......'F- ~,~ . ~ ~ '~"~"~,~:.,~////// S-~ t~ ....:--'.'-.~j L i~' ~.z-' '~ - ~ -- ~;,., . . , ,> -~ED~EK 5~RING5 I , J ~4 ., ~ ~ RU ...... ... CASE: z-94-22 EXHIBIT: ZON;~G/T,OCATTON LOCATION: 503 Avoc~o sTRggT REQUEST: ~zo~c ~QuEsT F~o~ ~-2 To ~-3 APPLICATION FOR ZONING ,MAP AMENDMENT NOTE: This application must be accompanied by a tentative site plan to scale showing dimensions of the property, location of improve- ments and uses, existing or planned with respect to property lines, off street parking and off street loading areas, driveways, arrange- ments for vehicular and pedestrian circulation, and any planned open space or park areas. Property Owner: Legal Description: ,'c~ Name Louis C. Cc rr n Lot(s) IVorU'~e~L,V ~ISE~4~Z~Tj'Block Address ~,~C).3 lqUOCO.,dO Subdivision A/O.~' Aadress of Property 505 Buoc o Applicant: ( If other thsn property owner ): Name Address Telephone ~erson or Firm representing owner and/or applicant: '~a.,~T "' ~]~cAzLC Telephone ? 17-364-267-I Area of the property 2 7648 59. F~, (Specify square feet or acres) Purpose of Application: (~/To permit development of the property not allowed under the existing zone. ( ) To provide the proper zone in conjunction with a subdivision plan for the area. ( ) In conjunction with an annexation petition to annex the property in a one different from the present County Zoning. ( ) Other (describe) . ',~.~'LL.' : . Page 1 I.L~~ Deserip%ion of %he proposea develo~en%:~c7~20~ ]q~ Description of area s~ro~di~ the proposed development: ~n~nfl~W Describe what effect the p~o~sed deve~o~en~ m~ have on ~he enviro~ent, econ~e traffic situation h the area s~ro=~ the proposed aevelopment:~feE~h~ Estimated date for c~pletion of project: ~e the appltc~ts fi~cl~ly able to c~ out the pro~sed develo~ent at this t~e: (~Yes ( ) No. If not, h~cate e~tent of fh~c~ which ~11 be req~red ~d me~s by w~ch appllc~t e~ects to acco~ll~ sine: Signature of Property Owner Pa~e 2