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HomeMy WebLinkAbout06290ORDINANCE NO. 6290 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM B -1 TO B -3 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 1929 NORWOOD AVENUE SUBJECT TO CONDITIONS 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 -1, Neighborhood 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: Lots 15 - 20, inclusive, Block 90, East Pueblo Heights Subdivision, 2nd Filing, and more commonly known as: 1929 Norwood Avenue. SECTION 2. This zoning ordinance, upon recommendation of the Planning and Zoning Commission, is approved with the following condition: that curb, gutter and sidewalk be installed. The City Planning and Zoning Commission is hereby authorized and directed to initiate proceeding to rezone the above - described property to a B -1, Neighborhood Business District, if the property owners or his heirs, successors or assigns fail to meet the condition within one (1) year of passage of this ordinance. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. INDRODUCED January 12 ' 1998 By Al Gurule Courleilperson APPROVED 6,94 President the ouncil ATTEST: J C lerk City - 12/29/97 D D ED LM -/ 14410V City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Dingy of Planning DATE: December 19, 1997 TO: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. Z- 97 -21 -- REZONING REQUEST - -B -1 TO B -3 1929 NORWOOD AVENUE SYNOPSIS BACKGROUND: The applicant requests the rezoning of a former convenience store to allow retail sales as a use by right. ISSUES: No significant issues have been identified with this request. The proposal appears appropriate to the property and surrounding neighborhood. RECOMMENDATION: The Commission recommends approval by a 6 -0 vote subject to the condition that curb, gutter, and sidewalk be installed within one year from the date the rezoning is approved by City Council. -- - GENERAL INFORMATION Applicant: Jim Hadley Owner of Property: HATEAM L.L.C. Location: 1929 Norwood Avenue Existing Zoning: B -1 /Neighborhood Business District (See Attached ZONING /LOCATION MAP) Request: Rezone to B -3, Highway and Arterial Business District Purpose: To permit development of the property not allowed under the existing zone. Size: 10,275 Sq. Ft. 211 E. 'D" Street, P.O. Box 1427 Pueblo, Colorado 81002-1427 (719) 543 -6006 Fax (719) 543 -0572 .. Pueblo City Council Case No. Z -97 -21 December 19, 1997 Page Two Existing Land Use: Former Convenience Store (See Attached SITE PHOTO). Surrounding Land Use /Zoning: Zoning History: Applicable Regulations: NORTH - -U.S. Highway 50 Bypass /S -1, & Office and Commercial Uses /B -2 & B -3 SOUTH -- Single Family Residences /B -1, & Multi- Family Residences /R -4, & Commercial Uses /B -2 EAST -- Commercial & Industrial Uses /B -1, B -3, & I -2 WEST- -Mixed Commercial & Office Uses /B -3 & R -6 Other rezoning requests within a one -half mile radius of this proposal in the past 24 months: Case No. Location Proposal Status Z -96 -3 1401 -1419 E. 19th St. R -2 to R -4 Apprv. 4/22/96 Z -96 -20 W. Side of B -2 to R -4 Apprv. 11/25/96 1700 Blk Salem The standards of the B -1, Neighborhood Business District, "...are designed to retain and provide areas for the sale at retail of those convenience type goods and services required by the residents of the immediate neighborhood and for those outlets which by their nature create no nuisances and serve a trade territory of_only -one neighborhood. ": The standards of the B -3, Highway and Arterial Business District, "...are intended to provide areas along highways and arterial streets for the location of businesses and services." SPECIAL INFORMATION Public Utilities: -- Water: No effect for rezoning. -- Sanitary Sewer: Sanitary sewer exists in the area which can adequately accommodate additional flow generated by the proposal (R. Morgan, 11/19/97). - -Storm Sewer: There is no existing storm sewers in the area. There is, however, surface drainage. The site is in an upper part of a watershed (R. Morgan, 11/19/97). Transportation: Existing traffic flow is "fair." The proposal will not significantly affect traffic conditions (D. Centa, 11/19/97). Pueblo City Council Case No. Z -97 -21 December 19, 1997 Page Three Other: Staff recommends that handicap ramps be installed at the corner of Norwood Avenue and Frontage Road and that sidewalk and curb and gutter be installed along the Frontage Road as a condition of rezoning (R. Morgan, 11/19/97). 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 an existing former convenience store from B -1 to B -3 to allow retail sales. The property is located at the southwest corner of the intersection of U.S. Highway 50 Bypass and Norwood Avenue in the "Belmont" neighborhood. The surrounding area is mixed in nature with commercial, office and industrial uses adjacent to single and multi- family residences. The property has historically operated under a special use permit to allow various retail uses. The B -3 zone would allow retail sales as a use by right. Staff has recommended that curb, gutter and sidewalk be installed along the Frontage Road as a condition of rezoning to improve drainage in the area. No other significant issues have been identified by staff. To determine the purpose of the requested zone change, the Commission must look to the test for spot zoning set forth in Clark v. City of Boulder, 146 Colo. 526, 362 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 restriction of zoning regulation. Id. at 146 Colo. 531. STAFF CONCLUSION The proposal appears appropriate to the property and surrounding neighborhood. The Commission may wish to improve the requirement of curb, gutter and sidewalk on the Frontage Road as a condition of rezoning. Pueblo City Council Case No. Z -97 -21 December 19, 1997 Page Four PUBLIC HEARING MINUTES (DECEMBER 10, 1997, SPECIAL MEETING) Greg Hahn, partner with Jim Hadley, appeared to testify in support of the application. The B -3 zone will continue the retail uses the building has had. The property had a special use permit for retail sales in the B -1 zone. The B -3 zone will put past uses in a conforming district. Mr. Vigil alluded to the staff's recommendation that curb, gutter and sidewalks be installed and it be handicap accessible. Mr. Hahn indicated that this was never brought up for discussion, and he was not aware they would need to do this. Mr. Vigil stated that it has been a policy of the Commission to require public improvements on properties that are being rezoned. Mr. Morgan explained that, unless a building permit is issued, there is no way to trigger public improvements. It must be made part of the rezoning ordinance. Mr. Hahn noted that they have no plans to increase the size of the building which would require a building permit. At this time they plan only to remodel the building. Mr. Thomas asked if landscaping will be a requirement. Mr. Olson explained that landscaping can only be required if the building size is increased by 35 percent. No one appeared to oppose the rezoning request. Chairman Ring made the staff report a part of the record and closed the hearing. COMMISSION DECISION (DECEMBER 10, 1997, REGULAR MEETING) Mr. Lytle, seconded by Mr.. Vigil, moved to recommend approval subject to the condition that curb, gutter and sidewalk be installed within - one year from the - date that the rezoning is approved by City Council. Motion carried - -- VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO IIt5 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, offstreet._arking and offstreet loading areas, driveways, arrange- ments for vehicular and pedestrian circulation, and any planned open space or park areas. Property Owner: m + Legal Description: Name T � �.. C. J Lot(s) /$' TO Block 90 Address! �'j /f �,( ^� ag — �j� e Subdivision �c�s{ ?�," 4CIu SSul 2r cAFAV�_ 90 D . V c 8LD_ C � - g Address of Property 2 9 Y) o r o0�_ Telephone 7 /] > l) e Applicant (If other than property owner): Name Address Telephone Person or Firm representing owner and /or applicant Name .� t rl"1 HMI) #6" Address Telephone 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) Q Page 1 �g 011 n H1 0 Present Zone — Zone Requested 6 --0 Area of the property /b 275 (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) Q Page 1 �g 011 n H1 0 Statement of facts justifying zone change: J60! I d. 5 Description of the proposed development: Description of area surrounding the proposed development: Cis- - oss s� Describe what effect the proposed development may have on the environment, economic and traffic situation in the area surrounding the proposed development Estimated date for beginning project: f ;1 1 �i'1 Estimated date for completion of project: 2` q Tr' Are the applicants financially able to carry out the proposed development at this time: 'e s ( ) No. If not, indicate extent of financing which will be required and means by which applicant expects to accomplish same: Signature of Proper Owner Page 2 1 DEPARTMENT OF ZONING ADMINISTRATION CITY OF PUEBLO November 25, 1997 NOTICE OF HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE TO WHOM IT MAY CONCERN: Take notice that at 3:30 P.M., on the 10th day of December, 1997, in the City Council Chambers, 2nd Floor, City Hall, Pueblo, Colorado, the Planning and Zoning Commission of Pueblo will hold a hearing on a proposed amendment to the Zoning Ordinance (Title XVII, Chapters 1 thru 6, of the Code of Ordinances, City of Pueblo) as the same affects the property situate in the City of Pueblo, County of Pueblo and State of Colorado, legally described as: LOTS 15 - 20, BLOCK 90, EAST PUEBLO HEIGHTS SUBDIVISION, 2ND FILING, and more commonly known as: 1929 NORWOOD AVENUE. The amendment for which application has been made is to rezone the above - described property as B -3, High- way and Arterial Business whereas, the Zoning Ordinance provides that, the - - above - described - property _- is presently zoned B- l;= __Nei - ghborhood Business District Any person may appear before the said Planning and Zoning Commission at the time and place stated above to be heard on the proposed amendment. After recommendation by the Planning and Zoning Commission, an ordinance rezoning the property will be considered by the City Council at a public hearing. Notice of the public hearing before the City Council will be published in the Pueblo Chieftain at least ten (10) days prior to the hearing. Any interested person may appear and be heard at such public hearing and may call the Department of Zoning Administration for the time and date of such public hearing. ( a-) CA OLSON Director of Zoning Sim 543 -1842