HomeMy WebLinkAbout07229ORDINANCE NO. 7229
AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -3 TO 0-1 COVERING A PARCEL
OF LAND COMMONLY KNOWN AS 3821 WEST PUEBLO BOULEVARD
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 0-1, Neighborhood Office District, and upon passage of this
ordinance, zoning restrictions affecting 0-1, Neighborhood Office District shall apply to said property:
LOTS 9 AND 10, BLOCK 51, HIGHLAND PARK 14 FILING,
and more commonly known as:
3821 WEST PUEBLO BOULEVARD.
SECTION 2.
This ordinance is approved upon the following condition:
The owner of the property shall comply with the provisions of the Pueblo Municipal Code
Section 17 -4 -7 Landscape Performance Standard.
If the above condition is not completed within a reasonable period not to exceed six months
from the effective date of this Ordinance, or prior to the issuance of a business license for the
property, whichever occurs first, the Planning and Zoning Commission shall institute proceedings to
rezone the property to R -3, One and Two - Family Residential District: provided, however, that no
business license shall be issued for any business to be conducted on the property until after
compliance with the Landscape Performance Standards.
SECTION 3_
The City Council hereby finds and determines that the rezoning hereby approved from R -3,
One and Two - Family Residential District to 0-1, Neighborhood Office District is not the same or
substantially similar to a rezoning from R -3, One and Two - Family Residential District to B -1,
Neighborhood Business District.
SECTION 4.
This ordinance shall become effective immediately upon final passage and approval.
INTRODUCED November 8, 2004
BY Robert Schillin
Councilperson
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # : 3
DATE: NOVEMBER 8, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM R -3 TO 0-1
COVERING A PARCEL OF LAND COMMONLY KNOWN AS 3821 WEST
PUEBLO BOULEVARD
ISSUE
Shall City Council approve a request to rezone the property from a R -3, One and
Two - Family Residential District to an 0-1, Neighborhood Office District?
RECOMMENDATION
The Planning and Zoning Commission, at their October 13, 2004 Regular
Meeting, voted 6 -0 to recommend approval of the rezoning.
BACKGROUND
The applicant originally requested that the property be rezoned from an R -3, One
and Two - Family Residential District to a B -1, Neighborhood Business District in
2003. Following the presentation by the applicant's attorney and a lengthy
discussion between the applicant's attorney and the members of the Planning
Commission, the Commission voted unanimously to deny the applicant's
request. The denial was based upon the compatibility of the uses allowed within
a B -1 zone district and the proximity of the adjacent residential development.
The applicant appeared before City Council on January 26, 2004 and the City
Council voted to deny the applicant's request.
At the request of the applicant, the Commission approved a zone change to an
0-1, Neighborhood Office District on October 13, 2004. The 0-1 zone district
allowed uses similar to the historical use of the property by the Red Cross and is
believed by the Commission to be more compatible with the residential character
of the adjoining neighborhood.
No opposition to this application was presented and the Planning and Zoning
Commission recommends approval upon the following condition:
The owner of the property shall comply with the provisions of the Pueblo
Municipal Code Section 17-4 -7 Landscape Performance Standard prior to
the signing off of the next business license for the property.
FINANCIAL IMPACT
None.