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Home My WebLink About06353ORDINANCE NO. 6353 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM A -4 TO R -2 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 2208 AND 2210 LEWIS 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 A -4, Agricultural Four District, to R -2, Single - Family Residential District, and upon passage of this ordinance, zoning restrictions affecting R -2, Single - Family Residential District, shall apply to said property: Lots 7 and 8, Block 11, Sanders Subdivision, and more commonly known as: 2208 and 2210 Lewis Avenue. SECTION 2. This ordinance shall become effective immediately upon final passage and approval. INDRODUCED September 14 1 1998 By Robert Schilling Councilperson APPROVED & a le, lwe�_ President oUthe 6ouncil ATTEST: City Clerk 8/31/98 l� D U � O D City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: August 27, 1998 TO: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. Z- 98- 13-- REZONING REQUEST - -A -4 to R -2 2208 & 2210 LEWIS AVENUE SYNOPSIS BACKGROUND: The applicant proposes to rezone two vacant lots to allow the placement of two single- family manufactured residences. ISSUES: No significant issues have been identified with this request. RECOMMENDATION: The Commission recommends approval by a 6 -0 vote. GENERAL INFORMATION Applicant: Robert D. and Roseann J. Bueno Owner of Property: None Location: 2208 and 2210 Lewis Avenue Existing Zoning: A -4 /Agriculture (Attached ZONING /LOCATION MAP) Request: Rezone to R -2 /Single Family Residential Purpose: Single Family Development. Existing Land Use: Vacant Land (See Attached SITE PHOTO). Surrounding Land Use /Zoning: NORTH -- Single Family Residences /A -4 SOUTH -- Single Family Residences /A - 4 EAST -- Vacant Land /A - 2 WEST -- Single Family Residences /A -4 211 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 -13 August 27, 1998 Page Two Applicable Regulations: The standards of the A -4, Agricultural District, "...are designed to retain certain lands for orderly low density residential development in a rural atmosphere, with rights retained for limited agricultural activity for the exclusive use of the occupants." Zoning History: The standards of the R -2, Single Family Residential District, "...are designed to retain and provide areas primarily for single family development of medium density." Other rezoning requests within a one -half mile radius of this proposal in the past twenty=four months: Case No. Location Proposal Status Z -98 -8 N. Side of 3200 -3400 R -2 to R -7 Before CC W. 24th St. SPECIAL INFORMATION Public Utilities: -- Water: No Effect for rezoning (L. Huffstutter, 7/7/98). -- Sanitary Sewer: Sanitary sewer exists in the area, which can adequately accommodate additional flow generated by he proposal (R. Morgan, 7/15/98). - -Storm Sewer: There is an existing storm sewer and surface drainage in the area (R. Morgan, 7/15/98). Transportation: Existing traffic flow is "good." The proposal will not significantly affect traffic conditions (D. Centa, 7/16/98). Comprehensive/ Area Plans: The Pueblo Regional Comprehensive Development Plan's "Land Use" map identifies this area as a "Residential" 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 Council Case No. Z -98 -13 August 27, 1998 Page Three ANALYSIS The applicants propose to rezone two undeveloped lots from A -4 to R -2 to allow the placement of two manufactured single- family residences. The A -4 zone is minium one -half acre vs. 5,000 square feet for the R -2 zone. The surrounding area consists of single family residences except for vacant agricultural land to the east. No significant issues have been identified with this request. The neighborhood has not developed according to the A -4 Zone standards. 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. PUBLIC HEARING MINUTES (AUGUST 12, 1998, SPECIAL MEETING) Robert Bueno, 2206 Lewis, appeared before the Commission and said he purchased this property in the early 1970s. He wants to build two houses on the site - one for himself and one for his son. Each lot is to be on a separate deed and measures 63 x 106 feet. Because of the A -4 zone size land requirement, he was not able to build the two houses in that zone district and that is the reason he was requesting the R -2 zone. No one appeared to oppose this rezoning request. Chairman Mabie made the staff report a part of the record and closed the hearing. COMMISSION DECISION (AUGUST 12, 1998, REGULAR MEETING) Mr. Thomas, seconded by Mr. Lytle, moved to recommend approval. Motion carried 6 -0. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO CITY OF PUEBLO DEPARTMENT OF PLANNING & DEVELOPMENT V i Lf n 4 R-7 � it - . - : 1 ii�� I11 OOO RT Z� CASE: Z-98-13 LOCATION: 2208 & 2210 LEWIS AVENUE REQUEST: A-4 TO R-2 nip S EXHIBIT: ZONING /LOCATION MAP 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 All -T 1) u e it o Lot(s ) 7 i� Block Address r Subdivision r5 �Pi Address of Property ) Telephone 7/J 5 Yy - 27F� �t� ��, �; , l 00 3 Applicant (If other than property owner): Name Address Telephone Person or Firm representing owner and /or applicant Name Address Telephone Present Zone /7 -/ Zone Requested � ,)- x Area of the property ?� (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: �2 e r C-4 � 1 Description of the proposed development: �,( E� a, n'w u N aCae u.re -J �0tve- on V1. "fYh lA':4 PL9 n)a!'jAS /'7 j-. eae'L lr)� Description of area surrounding the proposed development: `S'� n�� =f oin e 0 Describe what effect the proposed development may have on the environment, economic and traffic situation in the area surrounding the proposed development: tiJ Un e. Estimated date for beginning project: P ��u s I sr 9 r Estimated date for completion of project: �%`� a' r I S_ Are the applicants financially able to carry out the proposed development at this time: ( j() Yes ( ) No. If not, indicate extent of financing which will be required and means by which applicant expects to accomplish same: Signature of Property Owner l/ Page 2 r- ;J `C �� 1s r r� q pS pu 2 Z