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
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Background Paper for Proposed
ORDINANCE
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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.