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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/15/2001 - SECOND READING OF ORDINANCE NO. 86, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: DATE: May 15, 2001 !! FORT COLLINS CITY COUNCIL FROM: Steve ,"lt SUBJECT: Second Reading of Ordinance No. 86, 2001,Amending the Zoning Map of the City of Fort Collir By Changing the Zoning Classification for that Certain Property Known as the Speights PUD Rezoning. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: This is a request to rezone 1.02 acres located on the east side of Timberline Road between Bighorn Road and Caribou Drive, and west of Stoney Creek Drive.The site is currently divided into two lots and a tract. Lot 6 is the existing Countryside Animal Hospital,Lot 7 is vacant,and Tract A is a City- owned storm drainage channel. The requested zoning for this property is LMN - Low Density Mixed-Use Neighborhood. The surrounding properties are zoned LMN - Low Density Mixed-Use Neighborhood (to the south), RL—Low Density Residential (to the east), and E - Employment (to the north and west). Ordinance No. 86, 2001, was unanimously adopted on First Reading on May 1, 2001. AGENDA ITEM SUMMARY ITEM NUMBER: 70 FORT COLLINS CITY COUNCIL DATE: May 1, 2001 STAFF: Steve Olt SUBJECT: Hearing and First Reading of Ordinance No. 86,2001,Amending the Zoning Map of the City of Fort Collins By Changing the Zoning Classification for that Certain Property Known as tlye Speights PUD Rezoning. a RECOMMENDATION: Y . 1 Staff recommends adoption of the Ordinance on First Reading. 1bom Iftak EXECUTIVE SUMMARY: IMF y . This is a request to rezone 1.02 acres located on th "y, lode of imberline Road between Bighorn Road and Caribou Drive.and west of Stoney Creek D_ S, ''site is currently divided into two lots and a tract. Lot 6 is the existing Co imal Ho of 7 is vacant,and Tract A is a City- owned storm drainage chann ning fo operty is LMN - Low Density Mixed-Use Neighborhood. a surroundin s are zo -Low Density Mixed-Use Neighborhood (to the soutlp; RL—Low-Densi 3lemial (to :Est), and E - Employment (to the north and west). . APPLICANT: Lo od Architects, Inc. . c/o ockwood 420 wes Street, Suit '101B Fort Co ado 805 O R: Speights Investments, LLC 601 St. Mt gels Drive Fort Colli , Colorado 80525 BACKGRO The applic chitects, on behalf of the property owner, Speights Investments, has submitted a writte est for the rezoning of 1.02 acres located on the east side of Timberline Road between Bighorn Road and Caribou Drive, and west of Stoney Creek Drive. The site is currently divided into two lots and a tract. Lot 6 is the existing Countryside Animal Hospital. Lot 7 is vacant. and Tract A is a City-owned storm drainage channel. The requested zoning for this property is LMN- Low Density Mixed-Use Neighborhood. The surrounding properties are zoned LMN-Low DATE: May 1, 2001 1 2 1 ITEM NUMBER: 20 Density Mixed-Use Neighborhood(to the south),RL-Low Density Residential(to the east), and E- Employment (to the north and west). The surrounding zoning and land uses are as follows: N: E; undeveloped E: RL; existing single family residential (Sunstone PUD) S: LMN; undeveloped, planned mixed-use (Sunstone Village PU th Filing) W: E; existing office/business park(Horsetooth East Busine k) City Plan Rezoning _. 4 In March of 1997, in order to implement City Plan,the seven lot ' is PUD w ezoned from RLP (with a PUD condition)to RL - Low Density Residential the RL zone was that the PUD was approved and platted for single family homes an complete. As such, the Speights PUD was considered to be an established neighborhood and refore, not considered eligible for the new LMN zone distri At the time of the City Plan rezoning process ch 1997), s ' as not aware that the 2.1 acre Speights PUD was platted as existing andpr_ iness se uses and single family lots,and not just as single family lots. Consequently, sta d the sevenlot PUD as if it was already developed or eligible for single family building perm 0 ;*An fact, a portion of the property had development and re-development pot Current Request In the four years since t4 City Plan rezoning to the exist Countryside Animal Hospital remains a viable commer .use and the five single ' "ly lots are developed, but only Lot 7 (with a previous preliminary ap for business service ) remains vacant. With the Fox Meadows and Sunstone hborh eveloping out as axed-use and mixed density residential neighborh elop lieves the timin appropriate to begin exploring development options the vacant of 7. tage on T' 'erline Road, classified as a standard arterial strI d with potential neighbo toney Creek Drive through future development toouth, there exists a potential for non-residential land uses that would not otherwise be peed under the existing RL ne district. Thted zoning for this pro try is the LMN-Low Density Mixed-Use Neighborhood. There ar uses permitted in s District,subject to either administrative review or review by the Plannin ning Board„ e City's adopted Structure Plan, a part of the Comprehensive Plan. presently IDensity Mixed-Use Residential Neighborhood is appropriate in this location. The request to rezone is considered a quasi-judicial action since the parcel is less than 640 acres. There are the five standards [Article 2, Section 2.9.4(H)(2)and(3)of the Land Use Code]that may be used in evaluating a request for a quasi-judicial rezoning. These standards, and how the request complies (shown in bold italics), are summarized below: . . . ..._ .... . .. DATE: May 1, 2001 3 ITEM NUMBER: 10 (2) Mandatory Requirementsfor Quasi-judicial Rezonings. Any amendment to the Zoning Map involving the zoning or rezoning of 640 acres of land (one square mile section) or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City s Comprehensive Plan; and/or As mentioned, the parcel is designated as "Low Density Mixed-Use Neigh, r d"on the City Structure Plan which matches the requested zone district. Therefore, the requeSt complies with this criterion. p' (b) warranted by changed conditions within the neighb k°f Yi d surroundin d including the subject property. The request is based on an oversight that occurred in March of 1997 during Plan rezoning process, not based on any change in c herefore, this crite t applicable. (3) Additional Considerations for Oul " { it I ReronitW. In determining whether to recommend approval of any such ro ose pp p p endmenttthe Planning and Zoning Board and City Council may consider the following addittoital fdctors: (a) whether and ppoose the propo endment is compatible with the existing andd uses s g the sub ands and is the appropriate zone district for the land; �. The proposed zoning,L is compatible with exist4Igsingle family homes in the Sunstone PUD to the east, which is zon idential. In addition, adjacent property, the Sunstone Village PUD, 4`"Filing hich w eveloped in March c�I997, remains undeveloped, but is under considerate"' ed- ect containing s' le family residential and a neighborhood center)ivas placed in L herefore ff finds this criterion to be satisfied (b) whether and the extent to which the proposed amendment would result in significantly adve a impacts on the natural environment, including,but not limited to,water,air, nois stormwater management, wildlife,vegetation,wetlands and the natural functions of the environment; The pr ning LMN _ d not have any adverse impact on the natural functioning of the environm ` e,finds this criterion to be satisfied (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The rezoning would help implement the vision of the walkable, mixed-use neighborhood According to City Plan, under "Type of Places,"the neighborhood is described as follows: DATE: May 1, 2001 4 ITEM NUMBER: 70 "Neighborhoods—As the dominant and most important areas within our city, neighborhoods will serve as the primary building blocks. Neighborhoods will be walkable and connected, and will include a mix of housing types. Neighborhoods will include destinations within walking distance, such as schools,parks,neighborhood and convenient shopping, and civic uses." The proposed rezoning helps implement this vision by allowing a broader mix ofknd uses to be located within walking distance of established neighborhoods. In addition't rezoning of a portion oftheSpeightsPUD would allow the surrounding residential areas a wider range ofneedsofeverydaylivingandthepotentialforservices,conveniences,andgat ' ingplacesthat can be integrated into streets and sidewalks of the Fox Meadows and Sunstone ighborhoods. In conclusion, staff and the applicant agree that the 1997 City PI ning to RL erlooked the fact that Lot 6 contains an existing animal hospital and Lot 7 r otential for development as part of a neighborhood center. Staff s position is that oversight. Had the facts been known at the time,the property would not have been rezoned to equest therefore, represents a corrective measure Structure Plan The City Structure Plan, an element of the City' X rehensWerPlan. is a map that sets forth a basic framework, showing how Fort Collins should evolve over the next 20 years. The map designates the parcel as "Low D Mixed-Use orhood." Therefore, the request is in compliance with the City Str Findings , A. The City Plan rez g in March of 1997 to ' as based on the assumption that the seven lot Speights PUD . "` 'n the process of develoatg out as all single family lots. This was. and is, he cas B. , Speights UD is d on Ci tructure Plan as "Low Density Mixed-Use eighborhood." C. The request to rezone c plies with the City Structure Plan, an element of the City's omprehensive Plan. D. equest to rezone s fees the applicable review criteria of the Section 2.9.4(H) of the Code. y PLANNING G BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting of March 15. 2001, voted 5-0 to recommend approval of the requested rezoning as part of the Board's Consent Agenda.