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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/07/1998 - FIRST READING OF ORDINANCE NO. 59, 1998, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 27 DATE: April 7, 1998 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT : First Reading of Ordinance No. 59, 1998.Amending Division 4.23 of the Land Use Code of the City by the Addition of"Retail Establishments" to the List of Permitted Uses Subject to Planning and Zoning Board Review. RECOMMENDATION: Staff recommends dmW of the request to include"Retail Establishments"in the I,Industrial, Zone. The Planning and Zoning Board voted 6-0 to recommend denial of adding "Retail Establishments" as an allowed use in the I, Industrial,Zone. EXECUTIVE SUMMARY: This request to expand the list of permitted uses in the I, Industrial, Zone to include "Retail Establishments" stems from a City Plan rezoning issue area involving property located at 1640 Riverside Avenue. The City Plan rezoning of the property proposed changing the zoning from the former I-G, General Industrial, Zone to the new I,Industrial,Zone. The property owner objected to the proposed rezoning because the new I Zone was far more restrictive in the listing of permitted 10 uses than the former IG Zone. The IG Zone essentially permitted any type of retail, commercial, business, service, or industrial use in the zone. The property owner wanted to retain the IG Zone for the property,but the IG Zone was deleted as a zoning district with the adoption of the new Land Use Code. In order to retain some of the land use flexibility of the former IG Zone,the property owner is requesting that"Retail Establishments"be added as a permitted use in the I Zone. Because this change would affect all property in the I Zone, not just the property located at 1640 Riverside Avenue, it constitutes a text amendment under the Land Use Code. BACKGROUND: On March 18, 1997, the City Council passed Ordinance No. 51, 1997, adopting a new Land Use Code, and Ordinance No. 52, 1997, adopting a new Zoning Map, which were designed to help implement the land use policies of City Plan,the update to the City's Comprehensive Plan. At the time of the adoption of the ordinances, approximately 27 rezoning issue areas had been identified where either the property owner and/or the adjacent property owners and residents did not agree with staff s recommendation for the zoning of an area or piece of property. Rather than delay the adoption of the new Land Use Code, further consideration of the issue areas was postponed until after adoption of the ordinances. The process would look again at the City Structure Plan and potential zoning designation. This property is one such issue area. This is a request to expand the allowable uses for the property to include "Retail Establishments" in the I, Industrial, Zone. Since the I-G Zone was eliminated from the Land Use Code in March 1997,the owners are essentially requesting the zone be reestablished in the Code, by way of a text amendment. There are no immediate development plans for the property. DATE: April 7, 1998 2 ITEM NUMBER: 27 APPLICANT: Tom T. Smith, Manager Riverside/Prospect, LLC 301 East Lincoln Avenue Fort Collins, CO 80524 OWNER: Same. On February 18, 1997, the City Council began the final steps to complete a two-year long process to update the City's Comprehensive Plan with the passage of Resolution 97-25, adopting the Community Vision and Goals 2015 document, the City Structure Plan map, and the City Plan Principles and Policies document as the three major elements of the new City Plan. On March 18, 1997,the process continued as the Council adopted Resolution 97-44, amending the City Structure Plan map, and the passage of Ordinance No. 51, 1997, and Ordnance No. 52, 1997, codifying a new Land Use Code and a new Zoning Map,respectively. The City Structure Plan map was initially adopted in November 1996. In the period between November 1996, and March 1997, the new Zoning Map was developed. The development of the Zoning Map caused a reevaluation of the Structure Plan map and resulted in over 40 changes, which, as indicated, were approved by the Council in March. In addition, at the time of the adoption of Ordinances No. 51 and 52, 1997, approximately 27 rezoning issue areas had been identified where either the property owner and/or the adjacent property owners and residents did not agree with staffs recommendation for the zoning of an area or a piece of property. Rather than delay the adoption of the new Land Use Code until all issues could be resolved,a decision was made to review the zoning of the issue areas again after adoption of the ordinances and further staff review. The process would look again at the City Structure Plan map and potential zoning designation. This property is one such issue area. In March 1997,the owners were offered two choices for the zoning of their property: accept staff s recommendation for the I, Zone, or place the property into the T, Transition, Zone. The owners selected the first option knowing the property's zoning would be reviewed within one year. The surrounding zoning and land uses are as follows: N: I, Industrial, office and industrial uses S: I,Industrial, RAM Electronics E: I, Industrial, industrial uses W: E, Employment, Teledyne Waterpik This property was annexed into the City as part of the East Prospect First Annexation in 1973, and was placed into the I-G,General Industrial,Zoning District. The I-G Zone was designed for heavy industrial uses. The zone allowed "any use other than one-family, two-family or multi-family dwellings." In other words, any type of retail,commercial,business,service, or industrial use could have located in the I-G Zone. Residential uses could not even attempt to locate in the zone until after 1981,when the Land Development Guidance System was adopted and residential uses could be proposed through the planned unit development(PUD)process. . .. _. •; .,...as:,�x+ .,,..-� ..,� �_.. DATE: April 7, 1998 3 ITEM NUMBER: 27 Rezoning: • This is a request to expand the allowable uses for the property to include "Retail Establishments" in the I, Industrial, Zone. Alternatively, this issue could be considered a request to rezone approximately 2.27 acres located at 1640 Riverside Avenue,which is east of Riverside Avenue and north of Prospect Road from the I, Industrial,Zoning District to the I-G, General Industrial, Zoning District. Since the I-G Zone was eliminated from the Land Use Code in March 1997, the owners would essentially be requesting the zone be reestablished in the Code (see attached letters from the property owner). There are no immediate development plans for the property. The major factor which the Council must consider when evaluating this rezoning request is: What zoning would be consistent with City Plan,the City's Comprehensive? As indicated above,the I-G, General Industrial, Zone, along with about eighteen other zones from the former Zoning Ordinance, were eliminated with the adoption of City Plan and the new Land Use Code. New zoning districts were created in order to implement the principles and policies of City Plan. Basically, the Plan attempts to reserve industrial and employment zones for manufacturing and basic employment type uses. Some Retail Establishments including convenience stores, convenience shopping centers,restaurants,retail and supply establishments,and vehicle,boat and mobile home sales are allowed in the I Zone. These uses are compatible with the type and character of uses expected in the I Zone. It was a conscious and deliberate decision not to allow other types of Retail Establishments in the I Zone. Retail Establishments are allowed in many commercial as well as residential(neighborhood)zones in an attempt to direct Retail Establishments to specific locations throughout the community. Opening the I Zone to Retail Establishments would dilute one of the basic concepts of City Plan. NEIGHBORHOOD MEETING: No neighborhood meeting has been conducted with regards to this rezoning request. However, letters were mailed to affected property owners informing them of the Council's consideration of this request to add "Retail Establishments" to the I, Industrial Zone. FINDINGS OF FACT/CONCLUSION: l. The subject property was placed into the I, Industrial, Zone in March 1997, in order to help facilitate the adoption of the City's new Land Use Code. 2. The I-G, General Industrial, Zone was eliminated from the Zoning Ordinance because it would not be consistent with the City's Comprehensive Plan. 3. The I. Industrial, Zone is consistent with the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends denial of the request to include"Retail Establishments" in the I,Industrial, Zone. DATE: April 7, 1998 4 1 ITEM NUMBER: 27 PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its March 5, 1998, meeting, voted 6-0 to recommend denial of the request to add "Retail Establishments" to the I, Industrial, Zone. ORDINANCE NO. 59, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING DIVISION 4.23 OF THE LAND USE CODE OF THE CITY BY THE ADDITION OF "RETAIL ESTABLISHMENTS" TO THE LIST OF PERMITTED USES SUBJECT TO PLANNING AND ZONING BOARD REVIEW WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the City that Division 4.23 (B)(3)(c) of the Land Use Code of the City should be amended by a new Subsection 15 to authorize,subject to Planning and Zoning Board review,Retail Establishments as a permitted use in the I, Industrial Zone District. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Division 4.23 (B) (3) (c) of the Land Use Code of the City be amended by the addition of a new Subsection 15 to read as follows: 15. Retail Establishments. Introduced,considered favorably on first reading,and ordered published this 7th day of April, A.D. 1998, and to be presented for final passage on the 21 st day of April, A.D. 1998. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21 st day of April, A.D. 1998. Mayor ATTEST: • I OUT ?s t POL RC • i i V POL j RC I i E W Q a f o I E Lu 1 mlm w RAM NMTOI►M BECI110NK6 1 E. P I POL MMN ED ORA PARK VICINITY MAP 02/06/98 1640 RIVERSIDE " PROPOSED REZONING 1"=600' Riverside/Prospect, LLC 301 East Lincoln Ave. Fort Collins, CO 80524 February 9, 1998 Ken Waido Chief Planner City of Fort Collins 291 North College Avenue PO Box 580 Fort Collins, CO 80522 Dear Ken, RE: Riverside Avenue Property 1600 Block Vacant Land - 2.27 acre . Attached please find a copy of our letter from February 29, 1997. Our position remains the same. The potential uses in I-G zoning were important to us in purchasing the property. We are very open to any zoning designation which will continue to have the uses available in the I-G zone. Sincerely, Tom T. Smith, anag� IInI�U,G,L r� � Clayton Schwerin;Schwerin; Manager Enclosure Riverside/Prospect, LLC 301 East Lincoln Ave. Fort Collins, CO 80524 January 29, 1997 Kenneth G. Waido Chief Planner Advance Planning Department 2S I North College Ave. P.O. Box 580 Fort Collins, CO. 30522-0580 Dear Ken, Following our discussion of the City of Fort Collins proposed rezoning, we request that our property located on Riverside Avenue (see property information enclosed) not be changed from I-C, General Industrial to I Industrial. There is a mixed use character on Riverside Avenue and since we may be the last I-G zoned property remaining, we strongly urge that you do not limit our zoning uses on the property. We have a retail user we are considering for the site at this time and believe retaining I-G zoning on this propery does not seriously impact the integrity of city's plan. Since we will be building out the site in the future it is critical we retain I-G zoning until our plans and construction are completed. Sincerely, Tom T. Smith, Manager Clayton Scl werm, anager Enc osu