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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/15/2001 - FIRST READING OF ORDINANCE NO. 92, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 25 FORT COLLINS CITY COUNCIL DATE: May 15, 2001 FROM: Brian Grubb SUBJECT: First Reading of Ordinance No. 92, 2001, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Timberline Lane Rezoning. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. On March 15, 2001, the Planning and Zoning Board voted 4-1 to recommend denial of the rezoning request. EXECUTIVE SUMMARY: The parcel consists of approximately .75± acres located south and adjacent to Timberline Lane, and west and adjacent to Timberline Road. The site contains one mobile home with a detached garage. 40 Staff has recommended approval on the basis that the request generally complies with the comprehensive plan (City Plan); the City Structure Plan, an element of the City's comprehensive plan; and, the Harmony Corridor Plan. Consistency with the comprehensive plan is sufficient for approval of the request; however, the Planning and Zoning Board found that the request does not meet all applicable criteria of Section 2.9.4 (H) of the Land Use Code. The Board determined that the request is not warranted by changed conditions within the neighborhood surrounding and including the subject property, and the proposed zone change is not compatible with existing and proposed land uses. On May 1, this item was postponed to this date and time at the request of the petitioner, J.D. Padilla. ORDINANCE NO. 92, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE TIMBERLINE LANE 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 be, and the same hereby is, amended by changing the zoning classification from "UE," Urban Estate Zone District,to "HC",Harmony Corridor Zone District,for the following described property in the City known as the Timberline Lane Rezoning: A TRACT OF LAND SITUATE N THE SE 1/4 OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, WHICH, CONSIDERING THE EAST LINE OF SAID SE 1/4 AS BEARING N 00 DEGREES 12' W, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO,IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT WHICH BEARS N 00 DEGREES 12'W, 162.00 FEET FROM THE SE CORNER OF SAID SE 1/4; THENCE N 00 DEGREES 12'W, 200.00 FEET; THENCE WEST 197 FEET; THENCE SOUTH 232.00 FEET; THENCE EAST 77.47 FEET; THENCE N 70 DEGREES 37 30"E,96.46 FEET;THENCE EAST 30.00 FEET TO THE POINT OF BEGINNING. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code be, and the same hereby is, changed and amended by showing that the above-described property is not 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 15th day of May, A.D. 2001, and to be presented for final passage on the 5th day of June, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of June, A.D. 2001. Mayor ATTEST: City Clerk J L UE Harmony Rd. d HC e_ •L d a E VICINITY MAP 04/05/01 2021 Timberline Lane Rezone " 1"-,Rnn, CITY OF FORT COLLINS REZONING PETITION Petitioner: JD Padilla 3600 South College Ave, Suite 201 Fort Collins, Colorado 80525 Owner: Michael L. Rein USAG Capital & Leasing, Inc. 706 Colony Court 3600 South College Ave, Suite 201 Fort Collins, Colorado 80526 Fort Collins, Colorado 80525 Contact: JD Padilla To the City Council of the City of Fort Collins, Colorado: We, the undersigned, do hereby respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing the zoning of the hereafter described parcel, containing 0.75 acres, more or less, from Urban Estate (U- E) zoning district to Harmony Corridor (H-C) zoning district. Legal Description (See attached ALTA Legal) Reason for Request (See attached Rezoning Petition Attachment) Affected Property Owners (See attached APO list, it includes all names and addresses of all persons owning land (as per Larimer County Assessor's office on date of request) within 500 feet of any portion of the area under petition for rezoning) EwAo�c .�suu oz+�wao�a+�:o.�o.o« 1 Rezoning Petition for JD Padilla Respe ly Su ed, State Colorado) 1 ss. County of Larimer) The forgoing instrument was acknowledged before me this // day of January, 2001. d. rQiP\•�TgR�',�'pA By /Yltaha.c 4 ?e,/L for the purpose set forth. 0 >; .z My commission expires (/�'i�Lut/ Q• KiQm�,-. C� �OF CO .OP Notary Public My Commission E)Phs 021011W e�n,o.�m raesuum.,mwEzanrx+eocv,:u«naooc 2 Rezoning Petition for JD Padilla TIMBERLINE LANE REZONING Rezoning Petition Attachment 2021 Timberline Lane, Fort Collins, CO 80525 January 11, 2001 Owners having a legal/equitable interest in the property Michael L. Rein 706 Colony Court Fort Collins, Colorado 80526 USAG Capital and Leasing, Inc. Contact: JD Padilla 3600 South College Ave, Suite 201 Fort Collins, Colorado 80525 Zoning Justification The proposed request is to petition rezoning for the property located at 2021 Timberline Lane, Fort Collins, Colorado 80525. The property is currently zoned Urban Estate (U-E). The proposed zoning shall be Harmony Corridor (H-C), see the attached legal description and map of area to be rezoned. City of Fort Collins Land Use Code Requirements Division 2.8.4.1-1 Text and Map Amendment Review Procedures (Standards): 1. Text Amendments and Legislative Rezonings. — Not applicable, property is less than 640 acres. 2. Mandatory Requirements for Quasi-Judicial Rezonings. a) consistent with the City's Comprehensive Plan— The proposed Zoning District of H-C is consistent with the City of Fort Collins Structure Plan. The project will have strict design standards and guidelines to assure a unified development that will contribute positively to the surrounding neighborhoods, City Plan Policy LU-2.2 Urban Design. ewnoecrrusuµw,:r�zomr,cooe2,xmr.ra.00c 3 Rezoning Petition for JD Padilla ITEM NO. MEETING DATE 3/15/01 STAFF Brja.^ r„— City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT REQUEST: 2021 Timberline Lane Rezoning, #3-01 APPLICANT: JD Padilla 3600 South College Avenue, Suite 201 Fort Collins, CO 80525 OWNER(S): Michael Rein 706 Colony Court Fort Collins, Colorado 80526 PROJECT DESCRIPTION: This is a recommendation to City Council on a request to rezone a .75± acre parcel located at 2021 Timberline Lane from UE (Urban Estate) to HC (Harmony Corridor). The parcel is generally located West of and adjacent to Timberline Road, South of and adjacent to Timberline Lane and approximately 150 feet north of Harmony Road. EXECUTIVE SUMMARY: On January 18, 2001 the applicant submitted a petition to rezone the subject area from UE to HC. Staff has reviewed the request and determined that the proposed rezoning is in compliance with the City Structure Plan and the criteria for approval contained in Section 2.9.4 STAFF RECOMMENDATION: Approval COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N.College Ave. P.O.Box 580 Fort Collins,CO 80522-0580 (970)221-6750 PLANNING DEPARTMENT 2021 Timberline Lane Rezoning, #3-01 March 15, 2001 P & Z Meeting Page 2 COMMENTS: 1. Background Surrounding Zoning and Existing Land Use Existing Land Use Existing Zoning =East Single Family Home Urban Estate -Urban Estate' Harmony Corridor Residential Harmony Gas Station Harmony Corridor Single Family Urban Estate 2. Existing Conditions A mobile home and a detached 2-car garage occupy the site. The site is generally flat. There is no curb, gutter or sidewalk along Timberline Road or Timberline Lane. The property does not have direct access to Timberline Road at-this time. Future access will continue to be from Timberline Lane. Improvements to Timberline Lane and Timberline Road will likely be necessary at the time of development. Additional right-of-way for Timberline Road may also be necessary at the time of platting and/or development. The site is bordered by an irrigation ditch to the south and the "Harmony Road Gas Station". The vacant gas station is a structure with historic value that is currently being considered for relocation. 3. Structure Plan Compliance The City Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a basic framework, showing how Fort Collins should grow and evolve over the next 20 years. The map designates the parcel as "Employment District' The proposed rezoning to HC is in compliance with the City Structure Plan (See Attached Map). The Structure Plan shows the dividing line between "Employment" and "Urban Estate' ad being approximately the north property line of the lots north and adjacent to Timberline Lane. Boundaries depicted on the Structure Plan are not "hard„ lines. The map itself is considered a "coarse' representation. There is discretion as to the exact divisions between land uses. This discretion is typically exercised at the time of specific land use requests such as the present application. . 2021 Timberline Lane Rezoning, #3-01 March 15, 2001 P & Z Meeting Page 3 4. Harmony Corridor Plan Compliance The site is located within the Harmony Corridor Planning Area. The Harmony Corridor Plan states that "The intent of the land use plan and map is to provide for an orderly, efficient and attractive transition of vacant rural land to urban use: and to: (0 Preserve and protect existing residential neighborhoods from intrusive or disruptive development. The Harmony Corridor Plan map shows the dividing line between existing residential uses and the "Basic Industrial and Non-retail Activity Center' as being Timberline Lane (See Attached Map). This is in contrast to the City Structure Plan that shows the dividing line being approximately the north property line of the lots north and adjacent to Timberline Lane. On its face, it would appear that the proposed rezoning meets the requirements of the Harmony Corridor Plan; however, staff has concerns about the preservation and protection of the existing neighborhood. At this level of review, staff cannot determine if redevelopment of this site will be intrusive on the existing neighborhood. 5. Neighborhood Meeting At the neighborhood meeting (See Attached Minutes), several property owners expressed concern about the rezoning request. Some owners were uneasy about the future of their neighborhood. Others stated that the City is not following through on verbal commitments that were made at the time of annexation in 1989. They supported the annexation because they thought their neighborhood would be retained in its present character. Some neighbors view any encroach ment/redevelopment as unacceptable. 6. Standards — Section 2.9.4 (H) The request to rezone is considered quasi-judicial since the parcel is less than 640 acres. There are two standards that must be used to evaluate a request for a quasi- judicial rezoning. These standards and an explanation of how the request complies are summarized below: A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan. As mentioned, the parcel is designated as "Employment District" on the City Structure Plan. This designation matches the proposed HC zone district. The more specific 2021 Timberline Lane Rezoning, #3-01 March 15, 2001 P & Z Meeting Page 4 Harmony Corridor Plan designates the property as a "Basic Industrial and Non-Retail Activity Center'. Based upon review of the maps only, staff concludes that the proposed zoning is in conformance with City Plan. Other criteria contained in the text of City Plan include the following: Community Goal: Fort Collins will be a city of cohesive, distinct, diverse, attractive, and safe neighborhoods. This section of City Plan goes on to say that "existing residential neighborhoods will be protected against development that is incompatible with community goals and needs. Infill and redevelopment will build on the unique and positive qualities of the neighborhood in dynamic and creative ways which respect the character of the neighborhood." It is the opinion of staff that these City Plan goals can be met through sensitive design; however, one could also reasonably conclude that the mere encroachment of employment uses will violate the intent of this goal. B. Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property. The subject site is part of an old low-density County subdivision. The area around the site has developed and become urbanized in recent years, although the neighborhood remains largely intact. This change in conditions warrants the consideration of a change in zoning to HC. The following three criteria may be used by the Planning and Zoning Board and City Council to make a decision. C. 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. This is an area that is in transition. The proposed HC zoning may not be compatible with the residential uses to the north and west; however, the site is surrounded on the east and south by other HC properties. HC zoning is appropriate for the site based upon adjacent zoning and development trends in the area. Compatibility issues relative to the existing single family development can be further addressed at the PDP stage. 2021 Timberline Lane Rezoning, #3-01 March 15, 2001 P & Z Meeting Page 5 D. 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, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The proposed HC zoning would not have any adverse impact on the function of the environment. There are no significant natural areas on the site as it has been used for residential purposes for many years. Drainage into the existing ditch, resulting from re- development would require on-site detention for water quality purposes. Staff finds that this criterion is, or will be satisfied. E. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. It is difficult to determine at this stage if this request will result in a logical and orderly development pattern. Staff would prefer to see a more comprehensive approach to redevelopment of this area; however, an incremental and contiguous approach is acceptable. FINDINGS OF FACT/CONCLUSION: In evaluating the request for Amendment to the Zoning Map for 2021 Timberline Lane from LIE to HC, Staff makes the following findings of fact: A. The proposal is in conformance with the City Plan Structure Map and generally in conformance with the goals and policies of City Plan. B. The proposal is in general conformance with the Harmony Corridor Plan Land Use Map and generally in conformance with the goals and policies of the document. C. The request to rezone generally satisfies the applicable review criteria of the Section 2.9.4 (H) of the Land Use Code. RECOMMENDATION: Staff recommends approval of the request to amend the zoning map from UE to HC for a .75 acre lot located at 2021 Timberline Lane; File # 3-01. 4aCommu f Planning and Environmental -vices Current Planning City of Fort Collins MEMORANDUM TO: Planning and Zoning Board FROM: Brian Grubb, City Planner 1X-i . SUBJECT: 2021 Timberline Lane Rezone, File # 3-01 Definition of"Neighborhood" DATE: March 12, 2001 SUMMARY: For the purpose of considering this zoning map amendment, the "neighborhood" can be defined as the area north of Harmony Road, west of Timberline Road, east of the railroad tracks, and north to a line where contiguous parcels no longer have common and distinguishing characteristics. BACKGROUND: At the worksession on Friday March g`h, the Board requested clarification regarding the definition of a "Neighborhood" in the context of the following criteria for approval for zoning map amendments: " Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less 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 (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. As you recall, the Land Use Code does not define neighborhood; however, the Code lists 4 other sources for definitions that may be used at the discretion of the Director. Three sources are quoted below. The Planner's Advisory Service Report 421 does not define neighborhood and therefore is not listed. Black's Law Dictionary: The immediate vicinity; the area near or next to a . specified place. 2. People living in a particular vicinity, usu. forming a community 281 North College Avenue • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6750 • FAX (970)416-2020 within a larger group and having similar economic statuses and social interests. 3. The condition of being close together. The New Illustrated Book of Development Definitions: An area of a community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features, such as rivers. Webster's Third New International Dictionary: 1. Neighborly relationship. 2. The quality or state of being neighbors: PROXIMITY 3. A place or region near: VICINITY. 4. a. The people living near one another. b. A section lived in by neighbors and usually having distinguishing characteristics. Special Urban Designinealwaliffilml Pore n egional Potential Neighbor ervice Center Opportunity-Gateway Shopping Center or or Community Shopping Center Community Shopping Center Development with orientation to natural character III Potential Neighborhood •' •1'•' *R Service Center 1� ' ' .�•• T " , �, ,.���1� IC130fF�F�3 yr•.•.•.•. . . . � "'�I uilt.11 �.�.� { l,. A 1� I ma • •7 • lid, ,. •.•.•.•.ilia ••••• • '�'Y• • � 1• • • • •• •1• '•'•• • l- I • • • • • • • • ••••1 •••1• •1 •.• ••• C i lI Ir 1 ���� �__�N i� � G �1� I��• �•1 �•� ����• • ••�� �l:.I�. I r•-• -+.. III { • • •• • • —�-s--s-� ••�• .•• . . ram•:••1•• ••• • • ••• •••• •• • • •'• VII ._.III � iW I - :••• � ' • • • • • • • • • 1 • • 1•• • • • • 1 1 • �I � i.. � .\. 1� :,�- ` i • • • • /ze. '-•y'Y_/dililiJi •••• ••�'�'�•� •isi�i��� � .iminmm Potential Neighborhood Secondary 1 �{ II�I���i1Hi�lin(<W """" Service Center Uses Without rk- Business Park �� `� �. Special Urban Design Opportunity- o _- With emphasis on Existing Regional Historical Heritage of Harmony Road Shopping Center 5t1$!EC(' Sr-�E Harmony Activity Centers Potential Shopping Center Locations Outside of Activity Center ® Basic Industrial and Non-Retail Activity Center .: Neighborhood Service Center Mixed Use Activity Center Neighborhood Convenience Center NORTH /\ 11 1500' 0' 3000' 6000' HARMONY CORRIDOR PLAN EtaMom, in IMISHININ-V WSJ M WON oll �`'—' a I� I. • • I ;iI '• r i . r .. • I � uou • . • •• Neighborhood Meeting Minutes Project: 2021 Timberline Lane Meeting Location: Kruse Elementary School Date: February 21, 2001 Staff in Attendance: Brian Grubb Applicant/Representatives: Vaughn Furness, VF Ripley The meeting began at 7:05 p.m. Brian Grubb followed the standard agendc format including introductions, description of the purpose of the meeting, description of the planning process and then turned over the meeting to Vaughn Furness (representative of applicant) to describe the request. After Mr. Furness completed his presentation the meeting was opened for comments and questions by the public. Comments, Questions, Answers C= Citizen Question/Comment S= Staff Response A= Applicant Response C: I supported City Plan because of the control given to preserve the neighborhood. Now I am concerned about "piecemeoling" away the neighborhood. C: This rezoning and what is happening in the neighborhood may increase my property value but it doesn't do me any good. I have nowhere else to go. C: Access and traffic are major concerns. It's difficult to get in and oca Timberline Lane as it is today. Eventually it will be a right-in right-out situation only. C: I am uncomfortable because I don't have a real understanding of whoa: the future holds. C: What are the plans for the property? A: Mr. Padilla stated that it is his intent to put a small office building on the site for his financial services company. 5: Mr. Grubb explained that we should be careful to form an opinion about the rezoning based upon what the current property owner wants to do at this point in time. The property owner's plans may change and anything that is allowed in the zone district may be put on the property in the future. C: Will the road-widening take out the tree? 5: Staff will have to research that issue and get back. C: How are they going to provide parking for a business use? 5: Parking will need to be provided on-site. C: I am really uncomfortable not knowing what is going to happen with the property. C: What is the possibility of another access to the neighborhood? 5: Staff will have to research that issue and get back. C: I don't want to see a secondary access because then people will cut through the neighborhood to get past the intersection. Meeting was adjourned at approximately 8:15 DRAFT Planning and Zoning Board Minutes March 15, 2001 Page 9 Project: 2021 Timberline Lane Rezoning, #3-01 Project Description: Request to rezone approximately .75 acre located at 2021 Timberline lane from UE, Urban Estate, to HC, Harmony Corridor. The parcel is generally located west of and adjacent to Timberline Road, south of and adjacent to Timberline Lane and approximately 150 feet north of Harmony Road. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence Member Bernth claimed a conflict of interest on this item and excused himself. Brian Grubb, City Planner gave the staff presentation. He stated that a letter that was received today from a surrounding property owner, and was being distributed for the record. He stated that the site currently has a garage and a mobile home existing, and gains access from Timberline Lane to the north. He reported that there are a variety of surrounding land uses, to the north and the west, there is low-density residential development. To the east is a Diamond Shamrock and the old Harmony School; to the south, the old Harmony Store and some small residences and businesses located along Harmony Road. Planner Grubb reviewed the site shots for the Board. He stated that there was a neighborhood meeting held and there were approximately 10 neighbors that showed up. He stated there were a variety of comments and concerns and those were included in the Board's packet. Planner Grubb reviewed the criteria for approval and stated that the proposal was in conformance with the City Plan Structure Map and was generally in conformance with the goals and policies of City Plan. The proposal is in general conformance with the Harmony Corridor Plan Land Use Map and generally in conformance with the goals and policies of the document. The request to rezone generally satisfies the applicable review criteria of Section 2.9.4(H) of the Land Use Code. Member Craig asked if the applicant is granted the HC Zone District, how would we stop other property owners in the area from requesting the same zoning and prohibit large scale development in this neighborhood. DRAFT Planning and Zoning Board Minutes March 15, 2001 Page 10 Planner Grubb replied that if the Board was concerned about the number of rezoning requests we may receive in this area, we may want to go back and look at the Structure Plan Map and the Harmony Corridor Plan, and modify those documents to more accurately express what it is we want to occur there. Vaughn Furness, Jim Sell Design, representing the applicant, JD Padilla, gave the applicant's presentation. He stated that according to the Structure Plan Map this area is designated as E, Employment or HC, Harmony Corridor. He stated that his client is looking for an area for a financial institution to run his mortgage business out of. That is what this particular lot would be. He spoke about the current negotiations for the widening of Timberline and Harmony Roads and that it would significantly impact the parcel on the corner. The applicant has mentioned that through the PDP process, he would be willing to work to create a structure that would be more compatible with the neighborhood. He stated that the neighborhood should not be surprised because this area has always been identified as E, Employment or HC, Harmony Corridor. PUBLIC INPUT None. Member Craig asked if there was a staff person available that was involved when this neighborhood was annexed and given UE, Urban Estate zoning. Planner Grubb responded there was not. Staff did report that the intent was when the property was annexed, that the property would remain Urban Estate. The property was annexed in 1981, and the neighborhood wanted to stay Urban Estate and as rural. In 1995, the Harmony Corridor Plan started to show some encroachment of employment uses along Harmony Road. In 1997, the City Structure Plan Map showed further encroachment of those employment uses, while still maintaining a core of residential uses in that area. Member Craig stated that there were meetings with this neighborhood during City Plan and they were assured at that time that it would be zoned Urban Estate. That was past Harmony Corridor, 1996 and 1997, and that was the kind of information that she felt she needed. She did not want the people, that have been in a neighborhood situation, and has heard from the city that they were assured to keep their zoning, to have their zoning changed to HC. She stated that all thru the Harmony Corridor Plan it talks about not destroying existing neighborhoods. She did not want to get caught up on a purple spot, when there are other spots on the Structure Map that are the wrong color and would have to be dealt with on a case by case basis. Planning and Zoning Board Minutes DRAFT March 15, 2001 Page 11 Planner Grubb stated that the Advance Planning staff did not support this application. The intent was to have this neighborhood stay Urban Estate. Staff did not agree on this recommendation, however, what came out of the Growth Management Lead Team meeting was that this was the best recommendation given the circumstances. Member Carpenter stated that she served on the Harmony Corridor Advisory Committee and also on the City Plan Advisory Committee and she did not recall this particular neighborhood. She stated that they were not looking to destroy existing neighborhoods, but to strengthen them. She was bothered by this particular piece on a residential street, especially when we go to the Structure Plan to justify it. She was not sure whether it was a mistake, but that street is clearly Urban Estate and has been for some time. She did not feel that this was something that was intended in the Harmony Corridor Plan or City Plan. Doug Moore, Natural Resources Department, reported that staff did go out and evaluate this area, and the cottonwoods have depredated to the point where this area could not be considered an isolated path for riparian forest. There are a lot of other trees that have been planted in places in the neighborhood, and we would expect that the City Forester would go out and evaluate the trees. Member Colton agreed with Member Craig and the Advance Planning Staff that the intent was Urban Estate. In his opinion, if we want to change this area, instead of doing an incremental approach, it would be better to do it like Pioneer Mobile Home Park and buy the whole thing and then come in and change it on the Structure Plan to Harmony Corridor. Member Colton recommended to City Council denial of the rezoning request for 2021 Timberline Lane. Member Colton cited that the rezoning is not warranted by changed conditions within the neighborhood surrounding and including the subject property. Also that it is not compatible with existing and proposers usk.,-, surrounding the subject land, and is the appropriate zone district for the I'n J Member Craig seconded the motion. Chairperson Gavaldon commented that he agreed that the conditions in the neighborhood have not changed to justify the request. Member Colton commented that he would like to discuss going back and re-a&c detail on the Structure Plan on this if it does not match and make a change to the ° , Planning and Zoning Board Minutes ')RAFT March 15, 2001 Page 12 Director Gloss replied that it would be something for the Board to consider. If there were a denial, it would be a stronger case, if the plan were changed to reflect the UE zoning that has been assigned to the property. The Board could direct staff to look at that issue. Deputy City Attorney Beckman added that it was not only the Structure Plan Map that is troublesome in this case, but also some of the maps that are in the Harmony Corridor Plan. He felt that both maps should be looked at. The motion for denial was approved 4-1 with Member Meyer voting in the negative. RECEIVED Date: March 15, 2001 2001 a'. To: Members of the City of Fort Collins Planning and Zoning Board CURRENT p1ANNING From: Leonard K. Ewy 4413 Timberline Road Fort Collins, CO 80525 Re: 2021 Timberline Lane Rezone-file#3-01 Board Members: I regret that due to unforeseen circumstances I may not be able to attend the Planning & Zoning Board meeting tonight, but I wish to avail myself of electronic mail to comment on an issue before your board. I live at 4413 Timberline Road and have owned and lived on the property for 22 years. My home is in the same neighborhood as the 2021 Timberline Lane property that is before you for consideration for rezoning from Urban Estate (UE) to Harmony Corridor (HC). I am very concerned about the potential consequences of piecemeal rezoning of individual properties within an established residential area. Once this precedent is established, I believe it will be much easier for other properties interspersed throughout the neighborhood to be bought and rezoned for commercial uses without considering the impact on the people who live there. At the neighborhood meeting on this issue, Mr. Padilla, the man we were told owns the property in question and who is seeking its rezoning, stated that he was proposing to build a small "financial institution" on the property if the zoning change is approved by your board. However, as I understand it he would be under no obligation to do so and he can certainly sell the property to another developer who could take advantage of the rezoning by buying adjacent properties and building something of even greater impact to our neighborhood. Because this zoning change has potential unpredictable negative consequences to our neighborhood and because, as I understand it, it is inconsistent with the city zoning plan to allow piecemeal rezoning in a residential neighborhood, I oppose the rezoning of 2021 Timberline Lane from UE to HC. Thank you for your consideration of my concerns. Leonard Ewy