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Home My WebLink About06316�7 ORDINANCE NO. 6316 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -3 TO 0-1 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 120 LAKE AVENUE SUBJECT 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 R -3, One and Two - Family Residential District, to 0-1, Neighborhood Office District, and upon passage of this ordinance, zoning restrictions affecting 0-1, Neighborhood Office District, shall apply to said property: Lots 31 and 32, Block 156, South Pueblo, and more commonly known as: 120 Lake Avenue. SECTION 2. This zoning ordinance, upon recommendation of the Planning and Zoning Commission, is approved with the following condition: that the area on the south side of the property be paved for offstreet parking. The City Planning and Zoning Commission is hereby authorized and directed to initiate proceedings to rezone the above - described property to an R -3, One and Two - Family Residential District, if the property owners or his heirs, successors or assigns fail to meet these conditions within one (1) year of passage of this ordinance. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. INDRODUCED May 11 , 1998 By John Verna Counci person APPROVED President of e Co ncil ATTEST: r, - 0 � 6 City Clerk 4/27/98 D D L� D City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: April 17, 1998 TO: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. Z- 98- 3-- REZONING REQUEST - -R -3 TO 0-1 120 LAKE AVENUE SYNOPSIS BACKGROUND: The applicant proposes to rezone a vacant, nonconforming former window manufacturing facility to establish a dance studio. ISSUES: No significant issues have been identified with this request. Approval of the proposal is not likely to have an adverse impact on the surrounding neighborhood. RECOMMENDATION: The Commission recommends approval by a 7 -0 vote subject to an adjacent parking area being paved within one year. GENERAL INFORMATION Applicant: Velma K. Roybal Owner of Property: Dennis M. O'Quin Location: 120 Lake Avenue Existing Zoning: R -3 /One and Two - Family Residential District (See Attached ZONING /LOCATION MAP). Request: Rezone to 0-1, Neighborhood Office Business District. Purpose: To permit development of the property not allowed under the existing ordinance. Size: 4,250 Sq. Ft. Existing Land Use: Former Window Manufacturing Facility (See Attached SITE PHOTO). 211 E. "D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 s Pueblo City Council Case No. Z -98 -3 April 17, 1998 Page Two Surrounding Land Use /Zoning: NORTH -- Single Family Residences /R -5 & B -4 SOUTH -- Single - Family Residences /R -3 EAST-- McCelland School /R -3 WEST -- Single and Multiple Family Residences /R -3 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 R -3, One and Two- Family Residential District, "...are designed to retain and provide areas of higher density development characterized by single - family and two- family dwelling unit structures." The standards of the 0-1, Neighborhood Office District, "...are designed to provide areas for limited office and adjunct uses which may be introduced into residential areas without reduction of the character of the area." SPECIAL INFORMATION Public Utilities: -- Water: The area of the proposal is presently serviced. The proposal will have no effect on existing water pressure (70 p.s.i.) (L. Huffstutter, 3/19/98). -- Sanitary Sewer: Sanitary sewers exist in the area which can adequately accommodate additional flow generated by the proposal (R. Morgan, 3/19/98). - -Storm Sewer: There is no existing storm sewer. There is, however, surface drainage in the area. A drainage plan is not required (R. Morgan, 3/19/98). Transportation: This building may develop parking problems in the future. If new, this building would require approximately seven off - street spaces. The angle on- street spaces (4 +) may be eliminated or changed to parallel parking in the future. As a condition of rezoning, if approved, the Commission may want to require the area adjacent to the building to be paved (D. Centa, 3/19/98). Comprehensive/ Area Plans: The Pueblo Regional Comprehensive Development Plan's "Land Use" Map identifies this area as an "Residential" use. Planning: A basic Goal underlying the formation of the Comprehensive Plan "...is to avoid situations where adjacent land uses are incompatible." Pueblo City Council Case No. Z -98 -3 April 17, 1998 Page Three 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 the former C & O Window manufacturing building from R -3 to 0-1 to accommodate a proposed dance studio. The property is located on the south side of Lake Avenue in the "Mesa Junction" neighborhood. The surrounding area consists of predominantly single family residences except for the McCelland School adjacent to the south. Although this property has retained a residential zone designation since the inception of the present zoning ordinance, it has apparently always served as a nonconforming manufacturing facility. Staff has stated that parking may become a problem. Also, staff suggests that an adjacent unpaved parking area be paved as a condition of rezoning. 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 Approval of the proposal is not likely to have an adverse impact on the surrounding neighborhood. PUBLIC HEARING MINUTES (APRIL 8, 1998, SPECIAL MEETING) Greg Hahn, Re /Max Realty, and Velma Romero - Roybal, applicant, appeared and testified in support of her application. Mr. Hahn said this property housed the C & O Mfg. Window and Door Company which was nonconforming in its current R -3 Zone District. They had a large area for manufacturing, a large overhead door and used the alley for access with their large trucks. Ms. Roybal wants to have a dance studio at this location and it will be a much softer use. Mr. Hahn said if the 0-1 Zone is approved, Ms. Roybal will need to obtain a Special Use Permit for the dance studio through the Zoning Board of Appeals. V Some discussion was held on the off - street parking with Mr. Centa saying it does not meet our current requirements. The plan submitted by the applicant shows four parking spaces on the side of the building. It is a narrow strip of unpaved land. I Pueblo City Council Case No. Z -98 -3 April 17, 1998 Page Four Mr. Centa said if the square footage of the building is ever increased, the owner would then have to meet our current parking requirements. He said the four spaces to the side of the building could be used by staff because the cars once parked would block each other. This would leave the street open for parents to drop off and pick up their children. No one appeared to oppose the rezoning request. The Chairman made the staff report a part of the record and closed the hearing. COMMISSION DECISION (APRIL 8, 1997, REGULAR MEETING) Mr. Ring, seconded by Mr. Vigil, moved to recommend approval subject to the area on the side of the building being paved for parking within one year from the date the ordinance is approved by City Council. Motion carried 7 -0. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO