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Home My WebLink About06311ORDINANCE NO. 6311 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM A -1 TO B -3 COVERING A PARCEL OF LAND COMMONLY KNOWN AS NORTHWEST CORNER NORTH ELIZABETH STREET AND CORONIS DRIVE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that; SECTION 1. The. zoning restrictions covering the following described property be changed from A -1, Agricultural One District to B -3, Highway and Arterial Business District, and upon passage this ordinance, zoning restrictions affecting B -3, Highway and Arterial Business District, shall apply to said property: Eaglecross Subdivision Fourth Filing, and more commonly known as: The Northwest corner North Elizabeth Street and Coronis Drive. SECTION 2. This ordinance shall become effective immediately upon fmal passage and approval. INDRODUCED April 13 , 1998 By Rich Golenda Council erson APPROVED President of #e C ncil ATTEST: LUIS- _. O 4ty Clerk 3/30/98 D ED J!-A� D City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: March 17, 1998 TO: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. Z- 98 -2 -- REZONING REQUEST - -A -1 TO B -3 NORTHWEST CORNER, NORTH ELIZABETH AND CORONIS DRIVE SYNOPSIS BACKGROUND: The applicant, in conjunction with a concurrently submitted Subdivision Request (S- 98 -2), proposes to rezone undeveloped property to accommodate retail development. ISSUES: A master plan of the area is necessary. Approval of the proposal will promote development of the property. RECOMMENDATION: The Commission recommends approval by a 5 -0 vote subject to approval of a master plan of the area. GENERAL INFORMATION Applicant: Mangini & Associates Owner of Property: W.L. Enterprises, LTd. Location: Northwest Corner, North Elizabeth Street and Coronis Drive Existing Zoning: A -1 /Agricultural District (See Attached ZONING /LOCATION MAP) Request: Rezone to B -3, Highway & Arterial Business District. Purpose: To permit development of the property not allowed under the existing ordinance (motorcycle sales). Size: 1 2.0 Acres. Existing Land Use: Undeveloped Land (See Attached SITE PHOTO). 211 E. T" Street, P.O. Box 1427 Pueblo, Colorado 81002-1427. (719) 543 -6006 Fax (719) 543 -0572 Pueblo City Council Case No. Z -98 -2 March 17, 1998 Page Two Surrounding Land Use /Zoning: NORTH -- Undeveloped Land /A -1 SOUTH -- Commercial Uses /B -3 EAST -- Interstate 25/S -1 WEST -- undeveloped Land /R -5 Zoning History: There have been no other rezoning requests within a one -half mile radius of this proposal in the past 24 months. Applicable Regulations: The standards of the A -1, Agricultural District, "...are designed to retain and promote the appropriate use of dry range, irrigated and forest lands and encourage other open use of land in keeping with its natural characteristics and agricultural functions." 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 business and services." SPECIAL INFORMATION Public Utilities: -- Water: The area of the proposal is presently serviced. The proposal will have no effect on existing water pressure (97 p.s.i.). No effect for rezoning. A main extension may be required for the parcel at the time of subdivision (L. Huffstutter, 2/9/98). -- Sanitary Sewer: Sanitary sewers exist in the area which can adequately accommodate additional flow generated by the proposal (R. Morgan, 2/20/98). - -Storm Sewer: There is an existing storm sewer and surface drainage in the area. On -site detention is required. Preliminary drainage plans are under review (R. Morgan, 2/20/98). Transportation: Existing traffic flow is "fair." The proposal will not significantly affect traffic conditions. The applicant will need to obtain a CDOT Access Permit to determine if a driveway will be allowed to the frontage road and if a deceleration lane will be required for southbound right turning traffic at Coronis Drive. The continuing development along Elizabeth Street and Eagleridge Boulevard will add to congestion at I -25 and Eagleridge Boulevard and Elizabeth Street and Eagleridge Boulevard. Equitable contributions for traffic signals may be required at the time of subdivision (D. Centa, 2/11/98) . Pueblo City Council Case No. Z -98 -2 March 17, 1998 Page Three Comprehensive/ Area Plans: The Pueblo Regional Comprehensive Development Plan's "Land Use" Map identifies this area as a "Commercial" use. 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. 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 A -1, Agricultural District, "...are designed to retain and promote the appropriate use of dry range, irrigated and forest lands and encourage other open use of land in keeping with its natural characteristics and agricultural functions." 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 business and services." Other: A master plan will be required before this parcel can be subdivided. The zoning should match what is approved by the Master Plan (R. Morgan, 2/20/98). ANALYSIS The applicant, in conjunction with a concurrently submitted Subdivision Request (S -98 -2, Eaglecross Subdivision, 4th Filing), proposes to rezone undeveloped property from A -1 to B -3 to allow retail sales (Motorcycles). The property is located on the North Elizabeth Street frontage road, immediately north of commercially developed properties. Land to the north and west is undeveloped and Interstate 25 exists to the east. No significant issues have been identified by staff. Development concerns expressed by staff are addressed in the accompanying subdivision. A master plan of the area is required. Pueblo City Council Case No. Z -98 -2 March 17, 1998 Page Four Although this property has maintained an A -1 Zone Designation since the inception of the present zoning ordinance, it has remained undeveloped. Development pressure in the area is expected to promote the conversion of A -1 zoned land adjacent to the North Elizabeth Street frontage road to commercial uses. 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. CONCLUSION Approval of the proposal will promote development of the property. Zoning should match an approved master plan of the area. PUBLIC HEARING MINUTES (MARCH 11, 1998, SPECIAL MEETING) (The following testimony was heard in conjunction with Case No. 5 -98 -2, Eaglecross Subdivision, 4th Filing, Final Plat). Charlie DiDimenico, Mangini & Associates, appeared before the Commission representing the applicant. He said this 4th Filing is an extension of the 3rd Filing. It is a one -lot subdivision at the northwest corner of Elizabeth and Coronis. He told the Commission this is an initial subdivision, and they are working toward the final submittal. He said staff felt they needed to master plan this lot with the adjacent 10 acres. Mr. Mabie asked if entrance to the store will be from Coronis. Mr. DiDimenico said yes. Mr. Vigil asked if they had received an access permit from CDOT for Elizabeth. Mr. DiDimenico said they will obtain this if they access Elizabeth Street. No one else appeared to be heard. Chairman Mabie made the staff report a part of the record and closed the hearing. COMMISSION DECISION (MARCH 11, 1998, REGULAR MEETING) Mr. Vigil, seconded by Mr. Ring, moved to recommend approval subject to approval of a master plan and subject to obtaining an access permit from CDOT if necessary. Motion carried 5 -0 with Mr. Lytle abstaining. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO 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 parking and offstreet loading areas, driveways, arrange- ments for vehicular and pedestrian circulation, and any planned open space or park areas. Pr operty O wner: _o - RP" 1 Address u1 VISTA GRA Legal Description: 5EE A -D Lot(s ) -- Block -- A ddress of ••- Telephone 5o5 -42_5- 32q I Applicant (If other than property owner): Name Address Telephone Person or Firm representing owner and /or applicant Name M A N& W AN D Agzm ATF S Address �2, l LA.p A VF Pt �J n ( I Co;, - - - -- - -- - Telephone DP Present Zone A -( Zone Requested B- Area of the property 2.00 dCRES (Specify square feet or acres) Purpose of Application: (X) 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) Statement of facts justifying zone change: PR()pOStN(, T i • • a �► . 1141MINIF, .� • ► • ► ., . Q ►_ _ • ME Description of the proposed development: traffic situation in the area surrounding the proposed development: Description of area surrounding the proposed development: 1 OI&EZ M N o, 2F) Me M a. e • _ _ Vii " ,L -. Estimated date for beginning project: UPON APPEDVAL ('T E � rss C,-,Lig 4-R4 471iNn Estimated date for completion of project: C- LU M,n= la)C�R Are the applicants financially able to carry out the proposed development at this time: (X) Yes ( ) No. If not, indicate extent of financing which will be required and means by which applicant expects to accomplish same: _ • Property • RF- Page 2 Describe what effect the proposed development may have on the environment, economic and 1 ' rl i i i 1 I I I I I smer WffWATE Ma !s 1 :1 Harley Dovidson Uan & .4540cla4 ,, Ync. L r r Sze PAM o...r Frot.rord fny.w't and PmfF ; [ fond SVrv,/o r � _ ft PIC CITY OF PUEBLO DEPARTMENT OF PLANNING & DEVELOPMENT 1 Z J ' O A-1 R -4 R -3 Al I U R-5 R -2 , (--2 lv �-6 3 S-1 V ., A - i S -3 R-2 i — n Z , BEAI H�A_ CASE Z - - EXHIBIT ZONING /LOCATION MAP LOCATION NORTHWEST CORNER OF N ELIZABETH STREET & CORONIS DRIVE REQUEST SUBDIVISION -- EAGLECROSS 4TH FILING REZONING: A -1 TO B -3