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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/07/2002 - ITEMS RELATING TO THE EAST ELIZABETH STREET REZONI AGENDA ITEM SUMMARY ITEM NUMBER: 32 A-B FORT COLLINS CITY COUNCIL DATE: May 7, 2002FROM: Bob Barkeen � SUBJECT: Items Relating to the East Elizabeth Street Rezoning. RECOMMENDATION: EXECUTIVE SUMMARY: A. Resolution 2002-050 Amending Figure 4 of the East Side Neighborhood Plan. B. Second Reading of Ordinance No.066,2002,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes 0.77 Acres of Land Known as the East Elizabeth Street Rezoning, into the NCB —Neighborhood Conservation Buffer District. Ordinance No. 066, 2002, which was adopted 4-2 on April 16, 2002, rezones two parcels of land located at 1004 and 1008 East Elizabeth Street from NCL — Neighborhood Conservation, Low Density District to NCB —Neighborhood Conservation,Buffer District. The properties are located north of Elizabeth Street,just west of Lemay Avenue. Together, they total .77 acres in size. One of the parcels(1004East Elizabeth)is vacant,the other contains a single-family residential dwelling. The sites are designated as Low Density Mixed Use Residential on the City of Fort Collins Structure Plan and are included within the boundaries of the East Side Neighborhood Plan. Included with the rezoning Ordinance is a Resolution to amend the East Side Neighborhood Plan. APPLICANT: Paul F. Harder 737 Rochelle Circle Fort Collins, CO 80526 OWNERS: Robert M. Conlon 725 East Elizabeth Street Fort Collins, CO 80524 Paul F. Harder 737 Rochelle Circle Fort Collins, CO 80526 DATE: May 7, 2002 2 ITEM NUMBER: 32 A-B Donald N. Hyder 1008 East Elizabeth Street Fort Collins, CO 80524 BACKGROUND: The East Elizabeth Street Rezoning was presented to City Council on April 16, 2002. At this hearing, City Council found the rezoning petition to be consistent with the City of Fort Collins Structure Plan and adopted the rezoning ordinance on first reading. As a follow-up to this action, staff has prepared an amendment to the East Side Neighborhood Plan to reflect the adopted zoning change. This amendment is reflected in Figure 4, Proposed Land Use Areas, of the East Side Neighborhood Plan. The land use designation for the parcels at 1004 and 1008 East Elizabeth Street have been modified to include them in the NB—Buffer Area of the plan. This designation is consistent with the NCB —Neighborhood Conservation, Buffer Zone District. RESOLUTION 2002-050 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING FIGURE 4 OF THE EAST SIDE NEIGHBORHOOD PLAN WHEREAS,by Resolution 86-58,the Fort Collins City Council,on March 18, 1986 adopted Chapters 1 and 2 of the East Side Neighborhood Plan as an element of the Comprehensive Plan of the City; and WHEREAS, Figure 4 of the East Side Neighborhood Plan is a graphic illustration of the proposed land use areas for the East Side Neighborhood; and WHEREAS,the Council has determined that said Figure 4 should be amended,particularly with respect to land uses in the vicinity of the intersection of L.emay Avenue and Elizabeth Street, so as to extend the Neighborhood Conservation,Buffer District(NCB)slightly to the west along East Elizabeth Street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Figure 4 of the East Side Neighborhood Plan is hereby amended to provide as shown on Exhibit "A" attached hereto and incorporated herein by this reference. Passed and adopted at a regular meeting of the City Council held this 7th day of May, A.D. 2002. Mayor ATTEST: City Clerk ORDINANCE NO. 066, 2002 OF THE COUNCIL OF THE CITY OF FORT :OLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE EAST ELIZABETH STREET REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code") establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of the property which is the subject of this ordinance, and has determined that the said property should be rezoned as hereafter provided; and WHEREAS,the Council has further determined that the proposed rezoning is consistent with the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, to the extent applicable, the Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code, is hereby amended by changing the zoning classification from "NCL", Neighborhood Conservation, Low Density Zone District to "NCB", Neighborhood Conservation Buffer District Zone District, for the following described property in the City known as the East Elizabeth Street Rezoning: Parcel A, 1004 E. Elizabeth St. (50' x 350')—COM 385.5 ft. W of SE COR of NE 13-7-69, W 50 ft., N 350 ft., E 50 ft., S 350 ft. to BEG FTC. Parcel B, 1008 E. Elizabeth St. (80' x 200')—COM at PT 305.5 ft. W of E '/4 COR 13-7-69 Then W 80 ft., N 200 ft., E 80ft., S 200 ft. to BEG FTC. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code is hereby changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 3. The City Engineer is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 16th day of April, A.D. 2001, and to be presented for final passage on the 7th day of May, A.D. 2002. Mayor ATTEST: 1 Q City Clerk Passed and adopted on final reading this 7th day of May, A.D. 2002. Mayor ATTEST: City Clerk *NOTE: ZONING/LAND USE BOUNDARY LINES ARE PRELIMINARY AND MAY Be ADJUSTED UPON DETAILED STUDY AT -A�< 4 '� ` .✓t� I TIME OF IMPLEMENTATION r %I - jmom 16"mgmi r c_ EAST S IDE ' IOHBOI21-1001) II I L oJ'i � ,4 li II ' " 5 LL PLAN um PRE32RVATION III � I- I_ .. � I ,I�Y� L ^• � ��`. —5,�-_�..__._ � If::4 E19T uLL8ER9Y ' TPE�FT72 EzEl -{- 'L- — f i�!� _1 • us7 uus.M $BEET �— 1�yI LT. J}_ y1�ss, '�A "MILE; �� �I��� � II 3-= tl i� �u�r ��r 1 I L sful�l r a r''�. n JsElavA'ioivA�E ��, � 11, _ IpIL- -1 11 fL` L1 L� 1� i li �� a �� t ■I•- � LLII II �_iIIT—zT .I,�I•F Mill I11 li' I •-jil' .... �,. 4j =_ r *I I Irl Ir I IyIILI }y' _ ' !'� F 9T EUtABEIM1 91AEET — F cI lr-- 1 �T, F 'I I, �' -� l _ I wl�l�IF��rSlwl�wl!11�e1wuD�J 11� Ia��Y �Yfrl IIL!'II'I 72 1 -' I`I PROPOSED LAND USE AREAS _ EPST pRM 5111EET C 1" I 11 l I IP.r` ■L■uMl 1 III Ai PRESERVATION AREA ■■ If. 1�77 BUFFER AREA FRINGE AREA I J 111 lllLL r 1 - Q"S jo PC{'R�i DIS PE GY 1 M^F�Iwl��M 1�11�I�II II !l�I�II�II�I��R - - � 'l FIGURE 4 AGENDA ITEM SUMMARY ITEM NUMBER: 29 • FORT COLLINS CITY COUNCIL DATE: April 16, 2002FROM Bob Barkeen SUBJECT : Hearing and First Reading of Ordinance No. 066, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes 0.77 Acres of Land Known as the East Elizabeth Street Rezoning. RECOMMENDATION: If Staff and the Planning and Zorng Boar reco a nial ' he Ordinance on First Reading. EXECUTIVE SUMMARY: This is a request to rezone two parcels of land located at 1004 and 1008 East Elizabeth Street from NCL — Neighborhood Conservation, Low Density District to NCB — Neighborhood Conservation, Buffer District. The properties are located north of Elizabeth Street, just west of Lemay Avenue. Together, th ota ocre e. yelliTlp arcels (1004 East Elizabeth) is vacant, the other contains a ngle-fa e sites are designated as Low Density Mixed Use Residenti C n the ollins Plan. APPLICANT: Paul F. Harder 737 Rochelle Circle Fort Collins, CO 80526 OWNERS: Robert M. Conlon 725 East Elizabeth Street Fort Collins, CO 80524 Paul F. arder ' 737 Ro el le Cir084526�"l P N Fort Collitts*,Ca iii,_. Donald N. Hyder 1008 East Elizabeth Street Fort Collins, CO 80524 BACKGROUND: . The rezoning request is inconsistent with the East Side Neighborhood Plan adopted in 1986. This Plan established a land use pattern for the area bounded by College Avenue to the west, Mountain Avenue to the north, Riverside and Lemay Avenues to the east and Prospect Road to the south. This Plan was developed as a tool to help preserve and enhance the quality of life, and DATE: ITEM NUMBER: promote stability for the East Side Neighborhood. The Eastside Neighborhood Plan was later incorporated as an element of City Plan, adopted by City Council in 1997. The Plan includes a specific zoning pattern for this area, focusing on preserving the single family residential and commercial areas, and proposing land use buffers between areas of residential and commercial uses. These zone districts were developed as part of the Structure Plan then applied to this area. The properties included within the rezoning petition were initially to be zoned RL— Low Density Residential in the East Side Neighborhood Plan. These properties were later included within the NCL — Neighborhood Conservation, Low Density District. The NCL zone district permits single family residential and parks and recreation areas as Type I (administrative) uses and group homes, schools, churches, community and public facilities as Type II (Planning and Zoning Board) uses. Cism ,.��The surrounding zoning and 1 as foN: NC; commercia center S: E; Multi-family residential E: NCL; Existing single family residential W: NCL; Medical offices (pending rezone to NCB) The property was annexed as part of the First Lemay Annexation in June, 1967. Quasi-Judicial Rezoning. The properties included wit the re(irng ti n 1 an 640 acres, and is therefore, considered a Quasi-Judicial R oning. er r. a Planni and Zoning Board to recommend approval of a rezoning to the Ct as of th wine criteria must be met: A. The proposed amendment must be consistent with the City's Comprehensive Plan, and/or The parcels are designated as Low Density, Mixed-Use Residential Neighborhood on the City of Fort Collins Structure Plan. The existing NCL zoning and the proposed NCB zoning are consistent with this designation on the Structure Plan. However, the East Side Neighborhood Plan is an element of City Plan. Rezoning requests within the East Side Neighborhood Plan must demonstrate substantial compli it ec ni fatestablished by the plan. The proposed rezoning is inconsis t wit zon is ict eced for these properties. B. The ro osed amendm t St�'awat an b chahe neighborhood surroundin and includine the subject property. An extensive analysis of the neighborhood was conducted during the preparation of the East Side Neighborhood Plan. This planning process inventoried the transportation, housing, zoning, historic buildings and land uses for the parcels within the study area. Development occurring along the Lemay Avenue corridor (south of Albertson's), has been in conformance with the plan. Land immediately surrounding the parcels and the parcels themselves, have not changed since the implementation of the East Side Neighborhood Plan. DATE: April ITEM NUMBER: 29 Additional Consideration for Quasi-Judicial Rezoning: In determining whether to recommend approval of any such proposed zoning amendment, the Planning and Zoning Board and City Council may consider the following additional factors: • Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zone district for the land. Conceivably, uses such as multi-family, medical and professional offices, could be included within this area and be comp le i the is'' g e hO uses are already established within the properties to the n h ands th of e �is, wever, difficult to determine how such uses may become comp' , 'blewit ad'a nt"ngle fa residential area. The lots were platted for residential buildings and are re atively small an narrow. It may be a challenge to propose a use other than single family residential on this lot while still providing the necessary setback and buffering to ensure compatibility with adjacent single family residences. The adjacent single family lots are also very narrow and deep, with a minimal side yard setback. • Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, noise air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. Pal The parcels are not included 'thin a mppe atea, r does it appear they contain any wetlands or other environme se e ahie ould be impacted by future development of the site. There does appear to be existing significant vegetation on the site, which may need to be incorporated into a future site plan. • Whether and the extent to which the proposed amendment would result in a logical and orderly development atp tern. The zoning pattern is following an orderly extension of the adjacent NCB zoning, however the proposed zoning will permit th E isnuant,,o ns' en ' .us into an area that is planned to remain as single family devel menut E S ighborhood Plan. FINDINGS OF FACT/CON�3�>CI ._ „_, After reviewing the East Elizabeth Street Rezoning, File #2-02, staff makes the following findings of fact and conclusions: A. The City Plan rezoning in March of 1997 for these properties to NCL was based on the recommendations of the East Side Neighborhood Plan. • B. The subject property for the East Elizabeth Rezoning is designated on the City Structure Plan as Low Density Mixed Use Residential Neighborhood. The rezoning request is inconsistent with the City of Fort Collins Structure Plan map. DATE: April 16, 2002 4 ITEM NUMBER: 29 C. The subject property for the East Elizabeth Street Rezoning is designated as Low Density Residential in the East Side Neighborhood Plan, an element of the City of Fort Collins City Plan. The rezoning request is inconsistent with this plan. D. The subject properties and surrounding properties have not undergone significant change since the adoption of the East Side Neighborhood Plan. The rezoning request has not demonstrated a significant change to warrant the rezoning request. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board recommends that the CVC� il deny the East Elizabeth Street Rezoning #2-0 Am ent t from NCL — Neighborhood Conservation Low-D sity Re entia o' orhood Conservation Buffer District. I ' I I ! � I � POL � I RC ' 9 R F -MYRTLET CCR �•. FE L~ ' ST SIDE P�AA � U EL E SITS � I i CL. Ems;, — I , I � II L , W I = �� I II iI ESHER.JR i I�H VICINITY MAP 01/22/02 #2-02 Elizabeth Street Rezone ! 1004 & 1008 Elizabeth. St® Type II ( LUC) 1"=600'