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HomeMy WebLinkAbout07129ORDINANCE NO. 7129 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -3 TO B -2 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 1239 LAKE AVENUE AND 1243 LAKE AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described property be changed from R -3, One and Two - Family Residential District, to B -2, Subregional Business District, and upon passage of this ordinance, zoning restrictions affecting B -2, Subregional Business District shall apply to said property: LOTS 29 + 30 AND N 15 FT OF LOT 27 ALL 28, BLOCK 13, LAKEWOOD SUBDIVISION and more commonly known as: 1239 LAKE AVENUE AND 1243 LAKE AVENUE. SECTION 2_ (a) This Ordinance is approved upon the following conditions: (1) The rezoned property including all other property currently used for the used auto sales business should be bound together, either through a re- subdivision, lot line rearrangement, or a deed restriction acceptable to City; (2) The rezoned property together with all other property currently used for the used auto sales business shall be brought into compliance with the City; landscape, lighting and parking requirements before any commercial use allowed in a B -2 zone district is permitted, authorized or undertaken. Such compliance shall be made and completed no later than either a). Granting of a special use permit by the Zoning Board of Appeals, or b). One (1) year after approval of this Ordinance, whichever occurs first; and (3) Access to the rezoned property and all other property currently used for the used auto sales business is restricted to Lake Avenue through the installation of new curb gutter and sidewalk as identified in the memo from the Department of Transportation dated January 14, 2004. (b) If the above conditions (1) and (3) are not completed within a reasonable period not to exceed six months from the effective date of this ordinance, and thereafter met and complied with, or, if the requirements of subsection (a)(2) are not completed within the time therein set forth and thenafter met and complied with, the Planning and Zoning Commission shall institute proceeding to rezone the property to a B -2, Subregional Business District. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED March 22, 2004 Mw Background Paper for Proposed ORDINANCE �,ad _ td '7 / 2Cl AGENDA ITEM # � 3I DATE: MARCH 22, 2004 DEPARTMENT: COMMUNITY DEVELOPMENTMIM MUNCH LAND USE ADMINISTRATORMIM MUNCH, ACTING DIR. TITLE AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -3 TO B -2 COVERING A PARCEL OF LAND COMMONLY KNOWN AS 1239 LAKE AVENUE AND 1243 LAKE AVENUE ISSUE Shall City Council approve a request to rezone the properties from an R -3, Single - Family Residential District to a B -2, Subregional Business District? The Planning and Zoning Commission voted 6 -0 to recommend approval of the rezoning with the following conditions: (1) The rezoned property including all other property currently used for the used auto sales business should be bound together, either through a re- subdivision, lot line rearrangement, or a deed restriction acceptable to City; (2) The rezoned property together with all other property currently used for the used auto sales business shall be brought into compliance with the City; landscape, lighting and parking requirements before any commercial use allowed in a B -2 zone district is permitted, authorized or undertaken. Such compliance shall be made and completed no later than either a). Granting of a special use permit by the Zoning Board of Appeals, or b). One (1) year after approval of this Ordinance, whichever occurs first; and (3) Access to the rezoned property and all other currently used for the used auto sales business is restricted to Lake Avenue through the installation of new curb gutter and sidewalk as identified in the memo from the Department of Transportation dated January 14, 2004. BACKGROUND The applicant requested to rezone two parcels of land from an R -3, One and Two - family Residential District to a B -2, Subregional Business District to provide additional area to expand an existing used auto sales facility. The applicant also must request a Special Use Permit as a Use By Review from the Zoning Board of Appeals for this use in a B -2 zone district within one year of the Planning and Zoning Commission hearing. Previously, a Special Use Permit was granted in 1986 for the sales of used autos as an ancillary use to the service station use. Between 1986 and present day the used auto sales expanded and has outgrown the site. It appears the subject properties were acquired by the applicant with the intent of alleviating the current crowding on the site and to expand the used auto sales operation. Site inspections have identified illegally parked and stored vehicles and a violation had been issued in November of 2002. The deterioration of the residential properties appears to be the direct result of neglect by the current owner. Similar requests for zone changes in the neighborhood have been denied based upon "disruptive force" moving into the adjacent residential neighborhood. The Planning Commission further requests that the Zoning Board of Appeals place the following conditions on any request by the applicant for a Special Use Permit to operate a used auto sales facility as a Use By Review within a B -2 zone district or any request for variance from the landscape, lighting, and parking requirements. (1) The applicant must have sufficient landscaping to buffer the commercial use from the adjoining residential properties to the north and west, including a landscape buffer along Lake Avenue and Northern Avenue be installed at sufficient depth to keep the automobiles from encroaching onto the sidewalk along Lake Avenue and Northern Avenue that impede pedestrian access. (2) Sufficient parking should be provided on the site for employees and customers so these individuals do not park within the neighborhood. (3) It shall be the responsibility of the applicant to annually demonstrate compliance with the conditions of the Special Use Permit to the Land Use Administrator. FINANCIAL IMPACT None.