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HomeMy WebLinkAboutEAST SKYWAY REZONING - 19-07 - REPORTS - RECOMMENDATION/REPORTStaff Initiated Rezoning of 209 and 225 E. Skyway Drive Justification At the time of the SW Enclave annexation, staff applied the City Structure Plan map in making a determination for zoning, in this case for 209 Skyway the zoning was Urban Estate. Based on numerous discussions regarding this property, staff has determined that the Urban Estate zoning is not the appropriate zone and rather is in the City's best interest to proceed with a rezoning of both 209 and 225 E. Skyway Drive with a combination of Commercial and Residential Low Density. Staff is prepared to take this item forward now and have a decision by City Council as part of the biannual rezoning process resolve any long-standing zoning issues for this area. As a result, it will not benefit the City to further delay a decision and wait for this discussion to continue as part of the South College Corridor Plan process. This process will extend for at lease another 18 months. Staff has never supported outside storage on this property. Commercial does not allow outside storage. Staff is supporting establishing a transition of uses and further separation between commercial and low density residential. The current owner has requested a rezoning to commercial for the entire property. Staff has never supported this request. Justification for the rezoning is based on compatibility of land uses and establishing a logical development pattern in the area. Staff assess, if Urban Estate is appropriate for this location given the adjacent commercial uses and determined that it is not. Furthermore, the conversion of the existing commercial operation back to a single-family residential house is very unlikely. Commercial for a portion of 209 Skyway is the most appropriate zoning based on the existing conditions on site and adjacent to the property. By the way, with a future development application, will likely create an opportunity to clean up the site and comply with the City Land Use standards to include such improvements as landscaping, fencing, sidewalks, which will provide a more attractive property adjacent to the existing neighborhood. E. Skyway Plan Amendment and Rezoning, #19-07 October 18, 2007 P & Z Meeting Page 7 RECOMMENDATION: Staff recommends approval of the East Skyway Plan Amendment and Rezoning, #19- 07. List of Attachments: 1. Structure Plan Amendment — Existing Structure Plan 2. Structure Plan Amendment — Proposed Amendment Map 3. East Skyway Rezoning — Existing Zoning Map 4. East Skyway Rezoning — Proposed Zoning Map 5. Neighborhood Meeting Summary of Comments • E. Skyway Plan Amendment and Rezoning, #19-07 October 18, 2007 P & Z Meeting Page 6 209 Skyway property adjacent to existing commercial use to the west and north of the property. The change from U-E to R-L simply reflects the existing residential development on and around the subject properties. This is essentially a "housekeeping" change to create a more logical and orderly pattern than the current pattern, which includes U-E on properties that better fit the R-L designation. Neighborhood Meeting Summary: A neighborhood meeting was held on August 30, 2007. A more detailed summary is attached. The number of property owners in attendance was six. The following main points are as follows: Of the six property owners in attendance, five supported the proposed plan amendment and rezoning. A general response included support for the existing small engine repair business and other planned commercial uses requested by the owner of 209 E. Skyway. One owner did not support the proposed plan amendment and rezoning. The comments focused on history of previous County decisions, compatibility concerns, and is against commercial zoning in general for this location. FINDINGS OF FACT/CONCLUSION: In evaluating the request for a Structure Plan Amendment and to rezone two properties located on 209 and 225 E. Skyway Drive, Staff makes the following findings of fact: A. The proposed amendment meets the criteria outlined in Appendix C of City Plan through a Minor Amendment process including a need for the change and will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan. B. The proposed rezoning is consistent with City Plan and more specifically the City Structure Plan Map, since the two actions are being done as a unified package. C. The proposed rezoning amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land. D. The proposed rezoning amendment would not result in significantly adverse impacts on the natural environment. , E. The proposed amendment would result in a logical and orderly development pattern. E. Skyway Plan Amendment and Rezoning, #19-07 October 18, 2007 P & Z Meeting Page 5 The change from Urban Estate to Low Density Residential is more compatible with the existing residential neighborhood to the north and east. 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. Changed conditions in the area are largely a result of development on and around these two subject parcels since the time of County Zoning of FA- Farming in the early 1960's. The area now reflects a more "mixed urban fringe" character than farming or rural residential character. Staff finds that a change to Commercial zoning on part of 209 E. Skyway is warranted given the situation on the 3.6-acre property and the mix of uses in the area. The proposed Low Density Residential is appropriate to reflect the residential and school development which has occurred along E. Skyway. 2. Additional, Optional Considerations: 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. As stated above, staff has determined that the current Urban Estate is not the most appropriate zoning in between existing commercial and low density residential uses. Staff finds the proposed amendment for 209 Skyway to be compatible with the existing commercial area to the west, the existing residential to the north, and the various uses that make up a mixed character to the south and east. i 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, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. Staff finds no environmental impacts. E. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The proposed amendment results in a logical and orderly development pattern by allowing a modest, transitional amount of additional commercial use on a portion of the E. Skyway Plan Amendment and Rezoning, #19-07 October 18, 2007 P & Z Meeting Page 4 The existing small business on the subject property and any future new commercial uses on the subject property can form a transition from existing U-Haul and other commercial uses adjacent to the west, now and in the future. Further commercial changes to the subject property appear likely, and would trigger improvements (e.g. landscaping, sidewalk, and changes to the existing 6-foot chain link fence) to meet Land Use Code development standards, and would improve the street frontage and appearance on East Skyway. The changes involving Low Density Residential are much less substantive. The Low Density Residential designation for the remaining eastern portion of 209 and northern portion of 225 East Skyway is more appropriate than the current Urban Estate based on existing development of houses and the school; and it also provides a more logical land use pattern with a transition in intensity from College Avenue eastward. Staff considers the Low Density Residential portion of the proposed changes to be minor editing of the Structure Plan map, creating a more logical land use pattern along Skyway and fitting development to the right designation. Request for C and R-L Zoning — Section 2.9.4(H): Staff is recommending that the Plan Amendment be approved and corresponding Commercial (C) and Low Density Residential (R-L) zoning be implemented as a related action. The request to rezone the two parcels is considered quasi-judicial (versus legislative) since the parcels are less than 640 acres. There are five standards that may be used in evaluating a request for a quasi-judicial rezoning. These standards, and how the request complies, are summarized below: Mandatory requirements: 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: The request for the C and R-L zoning districts is consistent with the City Structure Plan as amended in the proposed prior action. The Commercial zoning change would be compatible with the existing commercial to the west along the Kelmar Strip and the other mixed uses in the area, and provide a transition between the College Avenue Kelmar Strip commercial and residential use to the east. E. Skyway Plan Amendment and Rezoning, #19-07 October 18, 2007 P & Z Meeting Page 3 Structure Plan Amendment: The City Structure Plan, a part of the City's Comprehensive Plan (City Plan), is a map that sets forth a basic framework showing how Fort Collins should grow and evolve over the next 20 years. City Plan allows for amendments through a Minor Amendment process outlined in Appendix C. The two review criteria are: A. The City Plan and/or any related element thereof is in need of the proposed amendment; and B. The proposed plan amendment will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. This area was annexed into the City in April, 2007, under a Structure Plan designation of Urban Estate (U-E). The original intent of designating U-E for these properties was simply to acknowledge the existing large -lot County parcels zoned Farming in the County; U-E being similar to the County's long-standing zoning. Staff has since considered the situation along this part of East Skyway in much more detail, in extensive discussions with owners, neighbors, and the County over several years. These discussions have been prompted by issues related to an existing business at 209 E. Skyway, and also by the recent annexation process in 2007. Staff finds that the properties along Skyway do not reflect the character of the Farming or Urban Estate designations, but are more in character with both the commercial uses in the area, and the existing residential neighborhood to the north and east. At 209 E. Skyway, staff is recommending a Commercial designation on the west 2/3 of the property, with a designation of Low Density Residential on the east 1/3 of the property to provide a transition to the neighborhood. This proposed Commercial designation is the substantive aspect of the proposed changes. It reflects the transitional, mixed character of the area: a U-haul truck facility in the Kelmar Strip commercial corridor is abutting to the west; the sides of single family homes are across Skyway; a Montessori school is abutting to the east; and two vacant 3-acre lots abut the property to the south. These two vacant lots also appear to be candidates for future rezoning, but will be considered as part of the upcoming South College Corridor Plan process because the issues have not been considered as thoroughly as at 209 and 225 Skyway. South and southeast of the two vacant lots, land uses include a permanent City Natural Area, Humane Society headquarters, City bus facility, and a range of "city -edge" residential lots ranging from about 1/4 acre to over an acre in the Lynn Acres County subdivision, all well within view of the subject property. E. Skyway Plan Amendment and Rezoning, #19-07 October 18, 2007 P & Z Meeting Page 2 Density Residential on the northern 1/3 of the property and retention of Urban Estate on the remaining southern 2/3 of the property. This overall item is a recommendation to City Council on a sequence of two actions. The first action is to amend the City Structure Plan map as a Minor Amendment to City Plan under its criteria found in Appendix C. The second action is to then rezone the two properties along Skyway to be consistent with the Structure Plan, under the criteria of Section 2.9(H)(2) and (3) of the Land Use Code. This item is initiated by City staff. BACKGROUND AND EXPLANATION Site Description: The site consists of two properties located at 209 and 225 East Skyway Drive, as well as Claire Court with its 9 fronting houses. The two properties along Skyway were recently annexed and zoned in April 2007 in Phase I of the Southwest Enclave Annexation. Claire Court was already within City Limits. The first property at 209 E. Skyway Drive is 3.6 acres and includes a single-family detached home with a home occupation business, and separate metal warehouse used for personal storage. The existing business is a small engine repair operation. The second property located at 225 E. Skyway Drive is 4.8 acres and includes an existing private Montessori School and parking lot, with a horse pasture extending behind the school facility. Claire Court is an existing cul-de-sac with nine single family detached houses. The surrounding land uses/zoning are as follows: N: R-L; Existing single-family detached residential (Lynn Acres Subdivision) S: U-E; Existing vacant lots E: P-O-L; City Natural Area (Praire Dog Meadow) W: C; Existing commercial businesses (South College Ave corridor) ITEM NO. 4 MEETINGDATE 10/18/07 STAFF Pete City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: East Skyway Structure Plan Amendment and Rezoning #19-07 APPLICANT: City of Fort Collins OWNER: Mr. and Mrs. Randy Whitman 209 E. Skyway Drive Fort Collins, CO 80526 Mrs. Stephanie McGovern 225 E. Skyway Drive Fort Collins, CO 80526 PROJECT DESCRIPTION: This is a request to amend the City Plan Structure Plan Map for two properties on East Skyway Drive about one block east of South College Avenue, and also for Claire Court, a cul-de-sac which extends south off of Skyway Drive. This request also includes a corresponding amendment of the Zoning Map for the two properties on East Skyway Drive. No such zoning amendment is needed for Claire Court -- the Structure Plan is simply being corrected as a minor edit to fit current zoning. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The Plan amendment would change the existing Structure Plan designation for the subject properties from Urban Estate to a combination of Commercial and Low Density Mixed Use Neighborhood, along with partial retention of Urban Estate. The corresponding rezoning changes are as follows: 1) the first property is located at 209 E. Skyway Drive. Existing zoning is Urban Estate. Proposed zoning is a combination of Commercial on the west 2/3 of the property and Low Density Residential on the east 1/3 of the property. 2) The second property, at 225 East Skyway Drive, abuts the first property on the east, with existing zoning of Urban Estate. The proposed zoning is a COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750 PLANNING DEPARTMENT