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HomeMy WebLinkAbout06646Reception 1401598 09/12/2001 ORDINANCE NO. 6646 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -3 TO 0-1 COVERING A PARCEL OF LAND COMMONLY KNOWN 2807 BAYSTATE 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 R -3, One and Two - Family Residential District, to an 0-1, Neighborhood Office District, and upon passage of this ordinance, zoning restrictions affecting 0-1, Neighborhood Office District, shall apply to said property: Lot 3, Block 1, Corkish- Sackman- Littell Addition No. 1, and more commonly known as: 2807 Baystate Avenue. SECTION 2. With the recommendations of the Planning and Zoning Commission, this zoning ordinance shall be approved upon final passage. The ordinance, however, shall neither become effective nor shall this ordinance be recorded until the property owner prepares and the City Attorney approves a long term lease and access agreement between the property at 2807 Baystate Avenue and the property owner at 1659 South Prairie Avenue. Such agreement shall be for a term of not less than twenty years and shall require that the South Prairie property shall provide no fewer than four parking spaces for the Baystate property together with access to such off street parking spaces. SECTION 3. This ordinance shall become effective upon recording in the office of the Pueblo County Clerk and Recorder. 1 i t t`, I �.• .City Clerk 1401598 Page: 2 of 2 09/12/2001 10:45F ChrisC.Munoz PuebloCtyCl Mee ORD R 10.00 D 0.00 INTRODUCED January 8. 2001 By Patrick Avalos Coun 1 on APPROVE reaVent of the Council PASSED AND APPROVAL January 22, 2001 12/29/00 Reception1371738 02/28/2001 LEASE AGREEMENT FOR PARKING THIS LEASE AGREEMENT, made and entered into this day of January, 2001, by and between BOLSA INVESTMENTS INC., a Colorado Corporation, hereinafter referred to as LESSOR, and BOLSA INVESTMENTS, INC., a Colorado Corporation, whose address is 1659 South Prairie Avenue, Pueblo, Colorado, hereinafter referred to as LESSEE, WITNESSETH: I DEMISE 1.0 LESSOR, in consideration of the covenants, agreements and rentals herein contained to be kept and performed by LESSEE, does hereby lease and demise unto LESSEE, subject to the terms and conditions herein contained four parking spaces located in the parking area on the following described property: Lots 1 and 2, Block 1, Corkish- Sackman- Littell Addition No. 1, to the City of Pueblo, County of Pueblo, State of Colorado. Commonly known as: 1659 South Prairie, Pueblo, CO It is agreed that at all times during the term of this lease LESSEE as well as any other tenants of LESSOR of building space shall have the right to use the said parking spaces. LESSOR shall have the right at any time to establish rules and regulations for the use of said parking area. II TERM 2.0 The terms of this lease shall be from 0 - q'1 kA'-'y Aoo 2001 and continue until midnight on czx^ e , 2021. This lease and all its terms and concYitions shall neither be terminated, amended nor modified without the written consent of the authorized representative for the City of Pueblo. III RENTAL 3.0 As rental for the use of the premises, LESSEE agrees to pay the total sum of Twenty Dollars payable in one dollar annual payments, due and payable on the 15 day of January of each year, commencing January 15, 2001. Payments are to paid to Lessor at 1659 South Prairie Avenue, Pueblo, CO. 3.1 Lessor shall pay for management and administration of the property and for repair and maintenance of common parking area. IV SECURITY DEPOSIT 4.0 There shall be no security deposit required. 1 111111111111111111111111111111111111111111111111111 IN 1371738 02/28/2001 02:57P AGREE Chris C. Munoz 2 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Rec V ASSIGNMENT AND SUB- LETTING 5.0 LESSEE shall not assign this lease or sub -let any portion of the premises. There shall be no exception. VI INDEMNIFICATION 6.1 LESSEE agrees to indemnify and save harmless the LESSOR from and against any and all loss, expense, liability, damages and claims arising from any act, omission or negligence of LESSEE, or its contractors, licensees, agent, servants, or employees, or arising from any accident, injury, or damage whatsoever caused to any person or property occurring in, on or about the premises and from and against all costs, expenses, and liabilities incurred in or in connection with any such claim or proceeding brought thereon, including, but not limited to, attorneys' fees and costs of suit. In case any action, suit or proceeding is brought against LESSOR by reason of the foregoing occurrences, Lessee, upon Lessor's request, will at LESSEE's expense, resist and defend such action, lawsuit or proceeding, or cause the same to be resisted and defended by counsel designated by LESSEE and approved by Lessor. LESSEE reserves the right to use insurance to discharge his obligations under this section (which shall provide for waiver of subrogation to claims against LESSOR) , but the existence of such insurance, as between LESSOR and LESSEE, shall not affect the obligations of LESSEE hereunder. The terms of the foregoing indemnity agreement of Lessee shall apply only to acts, causes, claims or demands which arose during or with respect to the term of this Lease or during any time in which the Lessee is in possession of the premises, but LESSEE's obligations hereunder with respect to his indemnities therefor shall survive the termination of this Lease. VII TRADE FIXTURES 7.0 Any and all improvements made to the premises during the term hereof shall belong to the LESSOR, except trade fixtures of the LESSEE. LESSEE may, upon termination hereof, remove all its trade fixtures, but shall repair or pay for all repairs necessary for damages to the premises occasioned by removal. VIII IMPROVEMENTS 8.0 No alteration to the property shall be made by LESSEE without the express written consent of LESSOR which consent shall not be unreasonably withheld but may be conditioned on additional requirements imposed upon LESSEE. 2 111111111111111111111111111111111111111111111111111 IN 1371738 02/28/2001 02:57P AGREE Chris C. Munoz 3 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Rec IX SIGNS AND ADVERTISING 9.1 LESSEE shall not permit, allow or cause to be erected, installed, maintained, painted or displayed on, in, or at said premises or any part thereof any exterior or interior sign on the premises without the prior written consent of LESSOR, and LESSEE, at his sole cost and expense, at all times thereafter during the term hereof, agrees to promptly repair and maintain in good condition any signs so approved. X EASEMENT GRANT 10.0 LESSOR hereby grants LESSEE a perpetual non - exclusive easement and right of way, for ingress and egress, from and to the aforementioned property. 1.1 The right to use the easement premises, likewise for ingress, egress, and parking, is expressly reserved by the LESSOR, subject to approval by the City of Pueblo, and or the City's zoning department. XI MISCELLANEOUS PROVISIONS 11.0 Both parties certify to their full familiarity with the provisions hereof, and agree that the provisions hereof are not to be construed either for or against either party. 11.1 Each individual executing this Lease represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of the corporation in accordance with the terms of the corporate resolution which approved such lease. XII NOTICES 12.0 Any notice by either party may be served by personal service, or by Certified or Registered mail, postage prepaid, addressed to LESSOR or LESSEE at the address hereunder stated or at such other address as either may designate by written notice. IN WITNESS WHEREOF, the parties have executed this lease agreement as of the date first above written. BOLSA INVESTMENTS,,,INC. By Les 165 outh Prairie Pue 1 , CO 81005 BOLSA INVESTMENTS, By ` d`�v..� Lesse 1659 th Prairie Puebl , CO 81005 3 l I IN IN 1371738 02/28/2001 02:37P AGREE Chris C. Munoz STATE OF COLORADO ) 4 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Ree ) ss . COUNTY OF PUEBLO ) The.foreg�oing instrument was acknowledged before me this eL 191 day of � ! 2 ! e t , 2001 by John Ribal, as President of BOLSA INVESTMENTS, ANC. Witness my hand and official seal. My Commission Exp ires: Y7f)fi A 6--Q 2d No a ry ub 1 i c •a r .•, y ' STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The f re oing instrument was acknowledged before me this 176 day of 2001 by John Ribal, as President of BOLSA INVESTMENTS, INC. Witness my hand and official seal. My Commission Expires: 3 / /,vo 1 ,; t'1 g Notary Public APPROVED AS TO FORM: .' • • • • • .�w`,, CITY OF PUEBLO B : <Z� ae y v r D E O DED City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning Z -00 -23 TO: City of Pueblo, Planning and Zoning Commission FROM: James F. Munch, Director of Planning & Development PREPARED BY: James G. Cain, Senior Land Use Planner DATE: October 11 , 2000 SUBJECT: CASE NO. Z-00-23, REZONING REQUEST, R -3 TO B -4 2807 Baystate Avenue SYNOPSIS BACKGROUND: The applicant is requesting a zoning change from R -3, residential to B -4, commercial to expand Prairie Liquors and operate a tax preparation office. ISSUES: CONCURRENT REQUESTS: The following checked boxes identify areas where staff has found significant concerns in this case: None. CONCLUSIONS: The Subdivision Review Committee recommends that this request be denied as it would be an inappropriate land use in the residential neighborhood on Baystate Avenue and also because of a lack of required parking & landscaping which would be required for the B -4 zoning district. 211 E. "D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 Incomplete submittal: x Landscape requirement: x ' Other: Parking x Zoning: ' Transportation: Drainage: Land Use: X Neighborhood Parks: Sewer: Public facilities: Water: None. CONCLUSIONS: The Subdivision Review Committee recommends that this request be denied as it would be an inappropriate land use in the residential neighborhood on Baystate Avenue and also because of a lack of required parking & landscaping which would be required for the B -4 zoning district. 211 E. "D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 Planning and Zoning Commission Z -00 -23 2 GENERAL INFORMATION: Applicant: Bolsa Investments, Inc. Owner of Property: Bolsa Investments, Inc. Owner /Applicant Representative: John Ribal Location of Property: 3000 North Freeway Existing Zone District: R -3 Existing Land Use: Single family home & garage Proposed Zoning: B -4 Proposed Land Use: Commercial, Expansion of Prairie Liquor Store & Tax office. Applicable Regulations: Section 17 -6 -1 of the Zoning Ordinance, City of Pueblo ZONING. LAND USE, AND NEIGHBORHOOD COMPATIBILITY A. Surrounding Land Uses & Zoning North -- - B- 4---------- - - - - -- Several commercial businesses, Post Office South - -- R -2 & R- 3--- - - - - -- Single Family Residential East - - - -- B -4, R -5, S- 1 - - - - -- Commercial, Residential, Park, Elementary School West - - -- R -2, R -3, R- 5 - - - -- Low to medium density residential B. Zoning History Z -00 -19 / 1820 Brimmer Ave. / R -2 to R -4 / Denied by Plan & Zoning Com on 6- 13 -00. Z -00 -1 / 2000 Acero / A -4 to I -2 / Withdrawn by applicant. Z -00 -12 / 2701 -2711 Bockman & 2000 block Alma / R -2 to R -4 / Denied by City Council on 9- 11 -00. C. Existing & Proposed Zoning District Standards Existing: One & Two Family Residential District (R -3) : Purpose -- The standards of this district (R -3) are designed to retain and provide areas of Higher density development characterized by single - family and two - family dwelling unit structures. Proposed: Regional Business District (B -4) : Purpose -- The standards for this district (B -4) are intended to provide areas for the location of business and other central services required by the region at large. D. Planning Staff Analysis Staff echoes the recommendations of the Subdivision Review Committee in that the proposed land use is inappropriate to the neighboring residential area and in that the applicant could not meet the parking and landscaping requirements of the B -4 district. E. Current Land Use According to Comprehensive Plan The Pueblo Regional Comprehensive Development Plan recommends urban residential land uses for this area. Planning and Zoning Commission Z -00 -23 3 F. Field Observations of Site Staff visited the site on September 19, 2000. There is a well maintained single family home and garage presently located on this site. G. Neighborhood Compatibility Issues Commercial encroachment into the residential area to the west would be a major concern regarding neighborhood compatibility. TRANSPORTATION: A. Department of Transportation Comments: The parcel in question complies with the parking ordinances, however as stated in the application, the owner plans to expand Prairie Liquor onto this lot. To expand Prairie Liquor the entire building will be required to meet both parking and landscaping requirements. Currently, Prairie Liquor provides approximately 18 legal spaces and no landscaping. The 18 spaces does not appear to comply with existing uses which include a retail liquor store and a lounge. UTILITIES: A. Department of Public Works Staff Review 1) Sanitary Sewer: This property lies within the service area for the City of Pueblo wastewater collection system and sanitary sewer service is available. Public sanitary sewer exists in the area and plans are on file in the City of Pueblo Public Works Department records. The Wastewater Department does not oppose this R -3 to B -4 rezoning request. 2) Storm Sewer and Drainage: No comments received. 3) Board of Water Works Staff Review Current water pressure in this area is 95 p.s.i. (pounds per square inch). The site has an existing 3 /a meter. Planning and Zoning Commission Z -00 -23 4 SPECIAL INFORMATION: The following analysis is based on Section 17 -6 -1 of the Code of Ordinance for the City of Pueblo. The following information is required of any public or private agency desiring a change in the zoning ordinance. 1) The interest of the applicant and the interest of the person firm or comoration represented by the applicant, be it legal, sales development, operation or other interest. To expand existing business (Prairie Liquors) operation. 2 The nature of the amendment and a legal description of the Property which would be affected by the amendment. A legal description of the property is included within the case files. 3) A statement of the facts which the applicant believes justifies the amendment. (a) Lot 3 is surrounded by B -4 zoning on the north, east, & south side. (b) Lot 3 is owned by same entity as Lots 1 & 2. (c) Lot 3 was an eyesore to the neighborhood. 4) A general description of the proposed development and how it will be affected; such description may include subiects of environmental effect, economic effect and traffic effect, if any' and such descriptions carried out in scope and detail to the extent needed to support the requested amendment. (a) Nothing immediately except to remove fence to improve access to Prairie Liquor. (b) Convert existing house into a tax preparation office by January 2001. (c) To expand existing Prairie Liquor to the west for more storage capacity. Neighbor to the west of lot 3 was immediately happy about change in ownership. Lot 3 was an eyesore with suspicious activity. I do not foresee any environmental or economic changes to the neighborhood. Traffic & parking may increase a little (dozen cars per day) during tax season. 5) A tentative site plan showing proposed structures, uses, open spaces, facilities for parking and loading and arrangements for pedestrian and vehicular circulation. Rough sketch plan does not address parking or landscaping. 6) A statement of the proposed time schedule for beginning and completion of development. Applicant states their intention to begin the project in November of 2000 and finish the project by the start of 2005. 7) A statement reasonably indicates the applicant's economic responsibility and capability of accomplishing the development for which a zoning amendment is requested. The applicant indicates that they are financially able to carry out the proposed development. Planning and Zoning Commission Z -00 -23 5 Zoning Amendment Test The standard for acceptance of a zoning change is that the proposed zoning action must 1) further the goals and objectives of the comprehensive land use plan, or 2) the area has changed significantly since the adoption of the comprehensive land use plan, or 3) there was a mistake or era made in the original zoning of the property. Does the request meet one of these tests? No, the Comprehensive Plan calls for Urban Residential development for this location. The area from the subject property westward is still a stable residential area. CONCLUSION: The Subdivision Review Committee recommends that this request be denied as it would be an inappropriate land use to the residential neighborhood on Baystate Avenue and also because of a lack of required parking & landscaping which would be required for the B -4 zoning district. ATTACHMENTS: A. ZONING /LOCATION MAP B. SITE PHOTOGRAPHS C. SITE PLAN Planning and Zoning Commission Z -00 -23 6 PMT OFFICE SANGRE DE CRISTO PARK C I u u u u 3 — .J U cLt H,MG XI lag ELEM. .SCHOOL S-I JONES R J Q1 uJ ' kll RT uJ V `cO�NF ..w. HE :. 3E C — 1 - 2 rL EM S;. ctx 8 4 B-31 m R -4 ....R CASE: Z -00 -23 EXHIBIT: ZONING / LOCATION MAP LOCATION 2807 BAYSTATE AVENUE REQUEST: REZONING REQ UEST —R -3 to B -4 ►9 2, je-c-4, APPLICATION FOR ZONING M "AP 1 0, , IENDWIENT 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 a-rid pedestrian circulation, and any planned open space or park areas. Property Owner: Name RJ� 4 - m i/cS��'h�c►��i c Address Zip Code Telephone 7) 5 (� Y' Q 3) o Legal Description: Lot(s) 3 Block I Subdivision C-0 Y'X J" . Address of Property fjp) sjr,�e A le Applicant (If other than property owner): Name Address Person or Firm Name owner ana /or Telephone plicant ) / //�� Address - 393,-Z C- Al�ij� 1 0 . (.., Telephone `7 j � - 5-61 - /� S� Present Zone �- 3 Zone Requeste Area of the property 5 1 oo 5a 4f- (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. ( ) Oth er ( describe) Y Page 1 ;�? � Statement of facts justifying zone change: /S d W1i 1 C ) L et 3 , yA s ah etye-sc Description of the proposed development: �!7 1 h C , it j'�C ° � 7Z►,c.._� 7v )l�t,PY� /� Tv �i'%t! /i C -!' � �,pJ1Vt!,%� j2.,J(;Sf"in �t:::.�� 'i"a Description of area surrounding the proposed development: Describe what effect the proposed development may have or, the environment, economic and traffic situation in the area surrounding the proposed development: r ��, we-si o� 64 3 w—i om A - J,A' cd cal CliniT_ I) 4JAS Cul e- y e sc,rz W S:Lyi c - iC . 'A 1 do tt;,+ �sYtsst a M� �11Vir"bhWlivy�h, a►' �CviTlllliC. t4 3 is aI,-z4y LEti„d ill -eJ-1 y Gt rS��rJKy ) c f 64 3 ; s k' - 3 ©h >•; Describe what effect the proposed development may have or, the environment, economic and traffic situation in the area surrounding the proposed development: r ��, we-si o� 64 3 w—i om A - J,A' cd cal CliniT_ I) 4JAS Cul e- y e sc,rz W S:Lyi c - iC . 'A 1 do tt;,+ �sYtsst a M� �11Vir"bhWlivy�h, a►' �CviTlllliC. Gt't�ri�t'j �o A�+;•alf�''�:d�/ / TKltlC yv /faflCl'h lrl.�j /trycYCftS�- 1 1� /`l' �(`uYGt, Gt rS��rJKy ) [kcl'i'1y T�71� S iSc-^ Estimated date for beginning project: q�f T Alov .�f XL%O. Estimated date for completion of project: Are the applicants financially able to carry out the proposed development at this time: (Xl Yes ( ) No. If not, indicate extent of financing which will be req_ui red and means by which applicant expects to accomplish same: i ,,nature of Property C Page 2 ti SURVEY OF RESIDEN AROUND 2807 BAYSTATE� by John Ribal October 10, 2000 House # Street Comments 2809 Baystate Happy that former neighbors are gone Just wanted those neighbors out 2811 Baystate Agrees that it is an improvement Does not object a tax preparation office Will be here at the hearing 2901 Baystate My buying was a good thing for the neighborhood Supports my idea 2903 Baystate Does not want a warehouse or parking lot 2905 Baystate Can do whatever I want with it; its mine 2907 Baystate No one home 2909 Baystate No one home 3001 Baystate No one home 3003 Baystate Not going to worry about it 3005 Baystate Driveway to the apartment complex 1701 Henry Does not want anybody living there Tired of all the crap Likes that it will be an office 1703 Henry vacant 1705 Henry Sees no problem 1707 Henry Former tenants were bad and busy Happiest thing she has heard 1709 Henry No objection 1711 Henry No one home 1713 Henry Whatever I do with the house is okay 1715 Henry Sees no problem 1716 Henry Wants no mor craziness like there used to be 1714 Henry No one home 1712 Henry Happy; no longer an eyesore 1710 Henry No one home 1708 Henry No one home 1706 Henry Great improvement already 1704 Henry I can do whatever I want 1702 Henry No objection Is glad that I bought the place 1701 Morrison No one home 1703 Morrison No one home 1705 Morrison It is my business; can do whatever I want 1706 Morrison Thinks it is great Need a tax preparation in area 1704 Morrison No one home 1702 Morrison No one home Z 006'