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HomeMy WebLinkAboutHARMONY 66 - REZONING - 1-07 - CORRESPONDENCE -City of Fort Collins Current Planning Dept. December 8, 2006 Page 3 noise, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment, which would result if the requested rezoning were approved. The proposed zoning change would allow the Property to redevelop in a logical and orderly pattern pursuant to other existing requirements. Based upon the foregoing, it is requested that the City consider the accompanying rezoning application. Sincerely, MARCH, OLIVE & P ,,LLC p J. d Ma JBMIsch -- - _.- Encl. NAWPCUBMISCHRADERILAND COUedevelopment letter.doc 7 City of Fort Collins Current Planning Dept. December 8, 2006 Page 2 the Property. The properties on both the west and north of the Property are zoned in the C- Commercial zone. It is believed that the Property was included in the HC-Harmony Corridor zone, based upon the redevelopment that was occurring at the time that the Harmony Corridor zone was created, which redevelopment saw the removal of the old Pioneer Mobile Home Park and the construction of the center which now occupies the old mobile home park site and includes King Soopers, Petsmart and Home Depot. Schrader Oil has, for a number of years, had the desire to upgrade the Property and has received numerous complaints regarding the condition of the Property. Schrader has approached the City on various occasions and has come away with the sense that an upgrade to the Property was probably unworkable. Voiced concerns surrounding the redevelopment of the Property have centered on a variety of issues ranging from fuel sale outlet restrictions and allowed uses and building requirements to potential access needs and a request by the City for additional rights -of - way to afford a turn lane from westbound Harmony onto northbound College. The C-Commercial designation at Section 4.17(B)(2)(c)(4) . allows convenience retail stores with fuel sales as a use -by -right subject to administrative review. The C-zone would also allow the accessory car wash use which has been carried on at the Property since the existing use was constructed on the Property. The landowner has been advised for some period of time that fuel supplier funding programs exist to upgrade the Property so long as the Property is properly zoned to allow the existing use. The land use code, at Section 2.9.4(H)(2), requires that the amendment to the zoning map shall be presented to the Planning and Zoning Board or the City Council only if the amendment is consistent with the City's comprehensive plan. The Property was included in the Harmony Corridor Plan when the plan was adopted. Many of the components of the Harmony Corridor Plan, including issues related to natural resources and gateway aspects, are inapplicable to this Property, which is on the far eastern boundary of the designated corridor. In this case, the goals of the Harmony Corridor to improve this gateway area have actually impeded the upgrade and redevelopment of the Property, which will continue to be used as a convenience store with fuel sales, but is difficult to redevelop in accordance with the Harmony Corridor Plan. The Property, therefore, has simply limped along with minor upgrades as necessary to keep the Property functioning and without the ability to integrate the Property into the Harmony Corridor Plan and surrounding redeveloped sites. Were the Property rezoned into the C-district, it would allow for the immediate ability to redevelop the Property in accordance with other City standards consistent with the City's overall comprehensive City Plan. These unique conditions within the neighborhood warrant the proposed rezoning change. The redevelopment of this Property is consistent and compatible with the existing and proposed uses surrounding the land. In this case, adjoining properties in the area have developed in a manner so as to continue to allow and to accommodate the Property's preexisting use with no adverse impacts to the environment, including to water, air, 6 1 MARCH, OLIVE & PHARRIS, LLC ATTORNEYS AND COUNSELORS AT LAW J. BRADFORD MARCH 110 E. OAK STREET, SUITE 200 ARTH90 -1 MARCH 61 SJOHN W. HARRISW. JOHN W. rxARws FORT COLLINS, COLORADO 80524-2880 ARTHUR E. MARCH, IR. R E. M (970) 482-4322 1933-2005 Fax (970) 482-5719 December 8, 2006 City of Fort Collins Current Planning Department 281 N. College Ave. Fort Collins, CO 80524 RE: 4524 South College Avenue Dear Sirs/Ms.: I am writing this letter on behalf of Schrader Land Co., LLLP, and Schrader Oil Co., in conjunction with the property located at 4524 S. College Avenue, Fort Collins, Colorado (the "Property"). The Property has been controlled by Wayne Schrader, Schrader Oil Co. and Schrader Land Co., LLLP, for in excess of 38 years. In 1991, the Property was rezoned into the newly created Harmony Corridor zoning designation. Surrounding properties were allowed to develop in the Harmony Corridor, including the properties to the north and east of the Property. These properties, however, were redeveloped with new structures, and it is not likely that this site will develop in the same manner as the current owner will not change the existing uses. The Property has served as a convenience store selling gasoline since the time it was originally acquired. Numerous uses have been carried on for the Property on an ongoing basis since the Property was originally acquired and continue to be carried on, including the operation of various auto -related uses. A car wash facility has existed on the Property since the time the building was originally constructed. Wand washes located on the Property have become more difficult to operate for a number of reasons, including modified environmental policies that have developed and been implemented by the City of Fort Collins (the "City") over the course of time. As a result, three of the car wash bays are currently only used on a limited basis. The remaining bay is operated as an automatic wash facility utilizing modernized equipment. The three remaining bays have been subject to vandalism, including removal of grates, which has caused damage to vehicles using