HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2001 - HEARING AND FIRST READING OF ORDINANCE NO. 92, 200 AGENDA ITEM SUMMARY ITEM NUMBER: 31
FORT COLLINS CITY COUNCIL DATE: May 1, 2001STAFF:
Brian Grubb
SUBJECT:
Hearing and 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.
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.
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 3730"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 1st 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
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 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
•
L
UE
I
Harmony Rd.
d
7HC
c
a
E
VICINITY MAP 04/05/01
2021 Timberline Lane Rezone "
1"=300'
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)
E��-ECAIESUANP212ME20MM�WLl3E20MNG,00L 1 Rezoning Petition for JD Padilla
Respects ly Sum ed, // /
sX
State Colorado)
ss.
County of Latimer)
The forgoing instrument was acknowledged before me this // day of
January, 2001.
d. Paa��i�
� OT•AR.pJ,
�. ti
By /Yl;aha j j .ee /L for the purpose set forth. ,°;q?� X-. Z
Z - / — e/� u"•.
My commission expires Syr.•UBO..*
/ OF COOP
UG�Gtccd Q. �cem v,-,��/�rj
Notary Public (J WmnissbnEvhso2rotrtooa
E;Epp(U[{,{gEgu,U1p'.IItIISpEZ0WNGD0C32tZ0NA.000 2 Rezoning Petition for JD Padilla
01 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.
Ew+oam�uwu+zaw¢owwc + 3 Rezoning Petition for JD Padilla
ITEM NO. 1$
MEETING DATE 3/15/01
STAFF Brian Grubb
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)21-1-6750
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
North Single Family Home Urban Estate
East "Urban Estate" Harmony Corridor
Residential
South Harmony Gas Station Harmony Corridor
West 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 encroachment/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.
Commu 9 Planning and Environmental vices
Current Planning
An
City of Fort Collins
MEMORANDUM
TO: Planning and Zoning Board
FROM: Brian Grubb, City Planner 3 %t
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 9'", 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 8052-0580 • (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 Deaign
Poten egional Potential Neighbo Service Center Opportunity-Gateway
Shopping Center or or Community Shopping Center
Community Shopping Center Development with orientation
to natural character
Potential Neighborhood ,• •,•,•
Service Center
at
,<ur �r,. ••••••• •• • • • • •. •
11 �.� � -1s��e '- • ,�� � lid _��•�•�•�• •�••••• • •s•• • •�i•• ••••• •• ••• ••••••• •
. . 4•: .•. . . . .•
it I • i i � ! ••••• •••••••••••••••• • •• •••••••• •,•,•,•,•,•,•,
III I �� '. � � S 11 • • • • • • • • • • •
� I}itlfTy
I rL
a ill
F Potential Neighborhood
Secondary ;; ,;,,,„rm`IF, Service Center
Uses Without � ��
Business Park
Special Urban Design Opportunity-
With emphasis on
Existing Regional Historical Heritage of Harmony Road
Shopping Center
5t1$1EC�•
st-�E
Harmony Activity Centers Potential Shopping Center Locations Outside of Activity Center
I
Basic Industrial and Non-Retail Activity Center Neighborhood Service Center
Mixed Use Activity Center Neighborhood Convenience Center
NORTH /\
1500' 0' 3000' 6000'
HARMONY CORRIDOR PLAN
r �
lump, '0411141h,
Villre win 19 Va.
No otq4jm�g:jNil
10
Box
IN RUN
r
do
►,ft
iz
♦ ` --- a
A WA
pal
r
- .. i. , •. . P.
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 agenda
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 "piecemealing" 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 out of
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 what
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.
S: 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?
S: 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 comer. 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 proposed uses
surrounding the subject land, and is the appropriate zone district for the land.
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-address the
detail on the Structure Plan on this if it does not match and make a change to the map.
Planning and Zoning Board Minutes ORAFr
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
To: Members of the City of Fort Collins Planning and Zoning Board CURRENT PLANNING
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