The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/01/2001 - HEARING AND FIRST READING OF ORDINANCE NO. 86, 200 AGENDA ITEM SUMMARY ITEM NUMBER: 20 FORT COLLINS CITY COUNCIL DATE: May 1, 2001STAFF: 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 the Speights PUD Rezoning. RECOMMENDATION: Staff recommends adoption of the Ordinance on First 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). APPLICANT: Lockwood Architects, Inc. c/o Dana Lockwood 420 South Howes Street, Suite 10113 Fort Collins, Colorado 80521 OWNER: Speights Investments,LLC 601 St. Michaels Drive Fort Collins, Colorado 80525 BACKGROUND: The applicant, Lockwood Architects, on behalf of the property owner, Speights Investments, has submitted a written request 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 2 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 PUD,4th Filing) W: E; existing office/business park(Horsetooth East Business Park) City Plan Rezoning In March of 1997, in order to implement City Plan, the seven lot Speights PUD was rezoned from RLP(with a PUD condition)to RL-Low Density Residential. The original basis for the RL zone was that the PUD was approved and platted for single family homes and was substantially complete. As such,the Speights PUD was considered to be an established neighborhood and was, therefore, not considered eligible for the new LMN zone district. At the time of the City Plan rezoning process (March 1997), staff was not aware that the 2.1 acre Speights PUD was platted as existing and proposed business service uses and single family lots,and not just as single family lots. Consequently, staff zoned the seven lot PUD as if it was already developed or eligible for single family building permits when, in fact, a portion of the property had development and re-development potential. Current Request In the four years since the City Plan rezoning to RL, the existing Countryside Animal Hospital remains a viable commercial use and the five single family lots are developed,but only Lot 7 (with a previous preliminary approval for business service uses)remains vacant.With the Fox Meadows and Sunstone neighborhoods developing out as mixed-use and mixed density residential neighborhoods,the developer now believes the timing is appropriate to begin exploring development options for the vacant Lot 7. With frontage on Timberline Road, classified as a standard arterial street, and with potential neighborhood access to Stoney Creek Drive through future development to the south, there exists a potential for non-residential land uses that would not otherwise be permitted under the existing RL zone district. The requested zoning for this property is the LMN-Low Density Mixed-Use Neighborhood. There are numerous uses permitted in this District,subject to either administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan, a part of the Comprehensive Plan, presently suggests that a Low Density 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: 20 (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 Neighborhood"on the City Structure Plan which matches the requested zone district. Therefore, the request complies with this criterion. (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. The request is based on an oversight that occurred in March of 1997 during the City Plan rezoning process, not based on any change in conditions. Therefore, this criterion is not applicable. (3) Additional Considerations for Quasi-judicial Rezonings. In determining whether to recommend approval of any such proposed amendment,the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with the existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; The proposed zoning,LMN,is compatible with existing singlefamily homes in the Sunstone PUD to the east, which is zoned residential. In addition, the adjacent property, the Sunstone Village PUD, 4`Filing(which was undeveloped in March of 1997, remains undeveloped, but is under consideration as a mixed-use project containing single family residential and a neighborhood center) was placed in the LMN zone. Therefore, staff finds this criterion to be satisfied. (b) 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 zoning LMN would not have any adverse impact on the natural functioning of the environment. Staff, therefore,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: 20 "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 of land uses to be located within walking distance of established neighborhoods. In addition, the rezoning of a portion of the Speights PUD would allow the surrounding residential areas to enjoy a wider range of needs of every day living and the potential for services,conveniences,and gathering places that can be integrated into streets and sidewalks of the Fox Meadows and Sunstone neighborhoods. In conclusion, staff and the applicant agree that the 1997 City Plan rezoning to RL overlooked the fact that Lot 6 contains an existing animal hospital and Lot 7 remains a vacant lot with potential for development as part of a neighborhood center. Staffs position is that this was a simple oversight. Had the facts been known at the time,the property would not have been rezoned to RL. The request, therefore, represents a corrective measure Structure Plan 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 "Low Density Mixed-Use Neighborhood." Therefore, the request is in compliance with the City Structure Plan. Findings A. The City Plan rezoning in March of 1997 to RL was based on the assumption that the seven lot Speights PUD was in the process of developing out as all single family lots. This was, and is, not the case. B. The Speights PUD is designated on City Structure Plan as "Low Density Mixed-Use Neighborhood." C. The request to rezone complies with the City Structure Plan, an element of the City's Comprehensive Plan. D. The request to rezone satisfies the applicable review criteria of the Section 2.9.4(H) of the Land Use Code. PLANNING AND ZONING 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. ORDINANCE NO. 86, 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 SPEIGHTS PUD 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 "RL", Low Density Residential Zone District,to"LMN",Low Density Mixed-Use Neighborhood Zone District,for the following described property in the City known as the Speights PUD Rezoning: LOTS 6 & 7 AND THE WEST HALF OF TRACT A OF THE SPEIGHTS PUD. LOCATED IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER,STATE OF COLORADO. 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 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 1 st day of May, A.D. 2001, and to be presented for final passage on the 15th day of May, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of May, A.D. 2001. Mayor ATTEST: City Clerk ►ram 1�■■� �� 4 Como■■� ��■■■ 11 ., �■u■n■■■■III: �� n■■nnni �