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Home My WebLink About06332ORDINANCE NO. 6332 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM I -3 TO B -4 AND R -5 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 309 THROUGH 313 VICTORIA AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that; SECTION 1. The zoning restrictions covering the following described property be changed from I -3, Heavy Industrial District, to B -4, Regional Business District, and R -5, Multiple Residential and Office District, and upon passage of this ordinance, zoning restrictions affecting B -4, Regional Business District, and R -5, Multiple - Residential and Office District, shall apply to said property: I -3 TO B -4 Lots 17 through 21, Block 38, South Pueblo. I -3 TO R -5 Lots 22 through 26, Block 38, South Pueblo, and more commonly known as: 309 through 313 Victoria Avenue. SECTION 2. This ordinance shall become effective immediately upon final passage and approval. INDRODUCED Jul y 13 ' 1998 By Rich Golenda Councilperson APPROVED Gf President of 6e Council ATTEST: Clerk 6/29/98 D D CD L City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: June 18, 1998 TO: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. Z- 98 -12 -- REZONING REQUEST - -I -3 to R -5 and B -4 309 THROUGH 313 VICTORIA AVENUE SYNOPSIS BACKGROUND: The applicant proposes to rezone a single family residence (under construction) and adjacent businesses to bring the properties into zoning conformance. ISSUES: No significant issues have been identified with this request. RECOMMENDATION: The Commission must recommends approval by a 7- O.vote. GENERAL INFORMATION Applicant: Gary Anzuini Owner of Property: Thomas Guay Location: 313 Through 309 Victoria Avenue Existing Zoning: I -3 Industrial (Attached ZONING /LOCATION MAP) Request: Rezone to R - 5 and B - 4 Purpose: Bring use into zoning conformance. Existing Land Use: Single Family Residence (Under Construction) and Commercial Uses (See Attached SITE PHOTO). Surrounding Land Use /Zoning: NORTH -- Industrial Uses /I -3 SOUTH -- Historic District /HB and B -4 EAST -- Commercial Uses /B -4 WEST -- Freight Depot and Former Train Depot/HE 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 -98 -12 June 18, 1998 Page Two Applicable Regulations: SPECIAL INFORMATION Public Utilities: -- Water: The standards of the I -3, Heavy Industrial District, "...are designed to retain and provide areas for industrial uses which because of the products used or produced and the nature and extent of the products used or produced and the nature and extent of the operations should not be located in close proximity to residential activities." The standards of the R -5, Multiple- Residential and Office District, "...are designed to retain and provide areas of high density multiple family dwelling unit structures with limited commingling of professional office and studios." The standards of the B -4, Regional Business District, "...are intended to provide areas for the location of business and other central services required by the region at large." No Effect. -- Sanitary Sewer: No Effect. - -Storm Sewer: No Effect. Transportation: Existing traffic flow is "fair." The proposal will not significantly affect traffic conditions. These existing buildings do not meet today's parking requirements. They are "grandfathered" buildings until an expansion would be requested (Centa, 5/27/98). 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. Pueblo City Zoning Case No. Z -98 -12 June 18, 1998 Page Three ANALYSIS The applicant proposes to rezone a single- family residence and adjacent businesses from I -3 to R -5 and B -4 to bring the property into zoning conformance. The property is located on the north side of Victoria Avenue between "B" and "C" Streets in the. Union Avenue Historic District neighborhood. Surrounding land uses are commercial and office uses except for industrial uses to the north. The Transportation Department has stated that the existing commercial structures are "grandfathered" in terms of parking requirements until an expansion is requested. No significant issues have been identified with this request. The proposal appears more appropriate than the existing I -3 zone. 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 Commission must determine if the proposed rezoning is appropriate to the property and neighborhood. PUBLIC HEARING MINUTES (JUNE 10, 1998, SPECIAL MEETING) Gary Anzuini, architect, appeared before the Commission representing Mr. Guay. He said they were asking to have two adjacent properties rezoned - the single- family residence to an R -5 and the remainder of the block, which houses the storage for Big Boy Toy Storage, to.a B -4 zone. These zones will be in keeping with the trend on Union and Victoria Avenues. No one appeared to oppose the rezoning request. Chairman Mabie made the staff report a part of the record and closed the hearing. COMMISSION DECISION (JUNE 10, 1998, REGULAR MEETING) The Commission recommends approval by a 7 -0 vote. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO CITY OF PUEBLO DEPARTMENT OF PLANNING &DEVELOPMENT 1 liq f 1. r Z A J ME Ion All I I CASE: Z -98 -12 EXHIBIT: ZONING /LOCATION MAP LOCATION: 309 THROUGH 313 VIC TORIA AVENUE REQUEST: REZONE FROM I -3 TO R -4 & B -4 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. Property Owner: Legal Description: Name r { 6 (SLIM Lot(s) 17 - 26 Block ?f Address 31 5. LIQ3L0 t Vj000 I60`� Subdivision JOaH `I uEbX Address of Property 31 -q+Zd Qvlc� Telephone Applicant (If other than property owner) : Name 6AP-y }(7UltlI Address 605 L-`N 9A LAWE� Telephone s46 - I G 5 8 erson or Firm representing owner and /or applicant Name -�} t�Z(,l l (�(� +��OLl,��TES Address 2 LAM (\1 T Telephone Present Zone T- W ` GARETwv7_ Riz5 Zone Requested Area of the property 3� ;'(�� `�Q ( 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. (A Other ( describe) 2 -01.)P- -O ids �D u S A K Q Cu R-gar1" G n.ob_" - rgE14Ds r FJ - r4E (LEP-, .�-, C), `.may _ -. Page 1 3 Statement of facts justifying zone change: 5ECAij%3 OF 6Po cs�-+ � - F'� J k P Description of the proposed development: Description of area surrounding the proposed development: 16 -4 OF I C Describe what effect the proposed development may have on the environment, economic and traffic situation in the area surrounding the proposed development: Oo i✓FF5c �4LO 1 C-O RSVP Irr W i l o it 5 Estimated date for beginning project: Estimated date for completion of project: �pl �J� (q y Are the applicants financially able to carry out the proposed development at this time: ( Yes ( ) No. If not, indicate extent of financing which will be required and means by which applicant expects to accomplish same: Page 2 gna . 1 :j Z C LE. ►f' Q Q d o Q r � 7 W r 0 r �o • �' OPM4 °D 'o, c U oc co �g6 IWO C r �