HomeMy WebLinkAbout200 E. SWALLOW ROAD REZONING - 33-06 - CORRESPONDENCE - CORRESPONDENCE-HEARING1� i
200 East Swallow Road, Rezoning Request, #33-06
February 15, 2007 P & Z Meeting
Page 6
B. The subject property for the 200 East Swallow Road Rezoning request is
designated on City Structure Plan as "Low Density Mixed -Use
Neighborhoods". The request to rezone the property to MMN - Medium
Density Mixed -Use Neighborhood, therefore, does not comply with the
City Structure Plan.
C. The request to rezone the property at 200 East Swallow Road to MMN -
Medium Density Mixed -Use Neighborhood is not supported by the CITY
PLAN Principles & Policies.
D. The request to rezone does not satisfy the applicable review criteria of the
Section 2.9.4(H) of the Land Use Code.
RECOMMENDATION:
Staff recommends denial of the 200 East Swallow Road Rezoning, Amendment
to the Zoning Map from RL - Low Density Residential to MMN - Medium Density
Mixed -Use Neighborhood, and Recommendation to City Council - #33-06.
200 East Swallow Road, Rezoning Request, #33-06
February 15, 2007 P & Z Meeting
Page 5
Commercial and retail uses as indicated in the Reason for Request in the
owner/applicant's Rezoning Petition, and professional offices or a service -
oriented business (such as a Yoga or Pilates studio), as suggested in the
owner/applicant's written narrative, are uses that currently exist (or could
exist) in the commercial areas to the west and south. The potential level of
activity generated by these uses, along with the additional parking needs,
could potentially create adverse traffic conditions in the neighborhood.
Therefore, the rezoning request is not supported by this policy.
4. Request for MMN Zoning — Section 2.9.4(H):
The request to rezone the 0.22 acre parcel is considered a quasi-judicial action
since the parcel is less than 640 acres. The requested rezoning shall be
recommended for approval by the Planning and Zoning Board or approved by
City Council only if the proposed amendment satisfies the following criterion:
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 previously mentioned, the parcel is currently in the RL - Low Density
Residential district and is designated as "Low Density Mixed -Use
Neighborhoods" on the City Structure Plan, which does not match the
requested zone district of MMN - Medium Density Mixed -Use Neighborhood.
Therefore, the request does not comply with this criterion. If approved this
rezoning request would result in what is considered to be "spot zoning", which
the City does not support.
5. Findings of Fact:
In evaluating the request for the 200 East Swallow Road Rezoning, Amendment
to the Zoning Map from RL - Low Density Residential to MMN - Medium Density
Mixed -Use Neighborhood, Recommendation to City Council, Staff makes the
following findings of fact:
A. With the CITY PLAN rezoning in March of 1997, in order to implement
CITY PLAN and Land Use Code, the 0.22 acre property now being
considered for rezoning remained in the RL - Low Density Residential
District.
200 East Swallow Road, Rezoning Request, #33-06
February 15, 2007 P & Z Meeting
Page 4
Policy EXN-1.3 Relationship to the Vicinity and the Broader Community. In
determining the acceptability of changes to parcels of land adjacent to existing
residential developments, the adjacent residents' preferences will be balanced
with community -wide interests.
Community -wide interests associated with this rezoning request are not
supported by CITY PLAN and the small sampling of adjacent residents'
preferences provided by the owner/applicant is not sufficient to balance all
interests.
Policy EXN-1.4 Infill Development and Redevelopment. Infill/redevelopment
policies, standards, and procedures will apply to proposals for such activity in
designated areas. For parcels under 20 acres, such infill and redevelopment
activity will be supported if designed to complement and extend the positive
qualities of surrounding development and adjacent buildings in terms of general
intensity and use and street pattern. Forms of potential infill development include:
• The addition of new dwellings on vacant lots and other undeveloped
parcels surrounded by existing residential development
• Dwelling units added to existing houses (e.g., basement or upstairs
apartments)
• Small, detached dwellings added to lots of sufficient size with existing
houses (e.g., "alley houses" or "granny flats")
• Redevelopment of properties
• Neighborhood -related, non-residential development
Commercial and retail uses as indicated in the Reason for Request in the
owner/applicant's Rezoning Petition, and professional offices or a service -
oriented business (such as a Yoga or Pilates studio), as suggested in the
owner/applicant's written narrative, are uses that currently exist (or could
exist) in the commercial areas to the west and south. The potential general
intensity and use, and street pattern generated by these uses, along with the
additional parking needs, could potentially create adverse activity and traffic
impacts in the neighborhood. Therefore, the rezoning request is not
supported by this policy.
Policy EXN-1.5 Introduction of Neighborhood -Related, Non -Residential
Development. New services, conveniences, and/or gathering places will be
supported in an existing neighborhood that lacks such facilities, provided they
meet performance and architectural standards respecting the neighborhood's
positive characteristics, level of activity, and parking and traffic conditions.
200 East Swallow Road, Rezoning Request, #33-06
February 15, 2007 P & Z Meeting
Page 3
2. 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 Neighborhoods." Therefore, the request for MMN - Medium Density
Mixed -Use Neighborhood zoning is not in compliance with the City Structure
Plan.
3. Principles & Policies:
The request to rezone the property from RL - Low Density Residential to MMN -
Medium Density Mixed -Use Neighborhood is not supported by the CITY PLAN
Principles & Policies, an element of the City's comprehensive plan.
Existing Neighborhoods
PRINCIPLE EXN-1: Most existing residential developments will remain
largely unaffected by these CITY PLAN Principles & Policies.
Policy EXN-1.1 Changes to Existing Residential Developments. No
significant changes to the character of existing residential developments will be
initiated by CITY PLAN. Changes, if any, will be carefully planned and will result
from initiative by residents or from a specific subarea plan prepared in
collaboration with residents.
The introduction of commercial, retail, and personal service uses in the
existing single-family neighborhood, with these types of uses already
available in the areas to the west and south, is not consistent with CITY PLAN
and is not supported by this policy. No collaborative subarea plan has been
considered or done for this area of Fort Collins.
Policy EXN-1.2 Collaboration with Surrounding Residents. The City will
continue to ensure that neighbors will be advised of any changes and be
requested to comment. Stated preferences of neighbors will be considered in
determining acceptable intensity and character of infill and redevelopment.
Although a formal neighborhood information meeting was not held for this
rezoning request, the owner/applicant has contacted several property owners
(5) in the areas to the north, east, and south. They are generally in support of
the request to rezone the property and have provided their positions in writing
(attached).
i
200 East Swallow Road, Rezoning Request, #33-06
February 15, 2007 P & Z Meeting
Page 2
COMMENTS:
1. Background:
A. The surrounding zoning and land uses are as follows:
N: RL; Existing single-family residential
S: MMN; Existing single-family residential, commercial uses
E: RL; Existing single-family residential
W: C; Existing office uses (South College Avenue commercial corridor)
y
The property was annexed as part of the Thunderbird Estates Tenth Annexation
in January, 1966, and zoned RL - Low Density Residential.
The property was platted as Lot 19, Block 2, Thunderbird Estates Fifth in
February, 1968. It contains one single-family residential structure with an
attached garage.
The property remained in the RL - Low Density Residential District in March,
1997 with the adoption of the new comprehensive plan, CITY PLAN.
B. CITY PLAN Rezoning
In March of 1997, in order to implement CITY PLAN and Land Use Code, the
0.22 acre property now being considered for rezoning remained in the RL - Low
Density Residential District.
C. Current Request
The owner & applicant, Susan J. Brabson, filed a rezoning petition with the City
on November 20, 2006. The applicant is requesting a rezoning of 0.22 acres
(9,892 Square feet) from RL - Low Density Residential to MMN - Medium Density
Mixed -Use Neighborhood. The property currently contains one single-family
residential structure with an attached garage. The current RL District does not
permit commercial and retail uses as indicated in the Reason for Request in the
owner/applicant's Rezoning Petition. Also, professional offices or a service -
oriented business (such as a Yoga or Pilates studio), as suggested in the
owner/applicant's written narrative, are not permitted in the RL District. These
suggested and/or proposed land uses are the owner/applicant's reasons for the
rezoning request.
PROJECT: 200 East Swallow Road Rezoning, Amendment to the
Zoning Map from RL - Low Density Residential to MMN -
Medium Density Mixed -Use Neighborhood,
Recommendation to City Council - #30-05
APPLICANT: Same As Owner (below)
OWNER: Susan J. Brabson
200 East Swallow Road
Fort Collins, CO. 80525
PROJECT DESCRIPTION:
Request to rezone 0.22 acre (9,892 square feet) from RL - Low Density
Residential to MMN - Medium Density Mixed -Use Neighborhood. The request is
for rezoning of a property located at 200 East Swallow Road, being the northeast
corner of East Swallow Road and Remington Street. The property is described
as Lot 19, Block 2, Thunderbird Estates Fifth and currently contains one single-
family residential structure with an attached garage.
RECOMMENDATION: Denial
EXECUTIVE SUMMARY:
The parcel was annexed into the City in January, 1966 and placed in the RL -
Low Density Residential District. In March of 1997, in order to implement CITY
PLAN and Land Use Code, the 0.22 acre property now being considered for
rezoning remained in the RL - Low Density Residential District. The RL District
does not permit commercial and retail uses as indicated in the Reason for
Request in the owner/applicant's Rezoning Petition. Also, professional offices or
a service -oriented business (such as a Yoga or Pilates studio), as suggested in
the owner/applicant's written narrative, are not permitted in the RL District. These
suggested and/or proposed land uses are the owner/applicant's reasons for the
rezoning request.
Steve Olt - 200 East Swallow Road Rezor Page 1
From: Steve Olt
To: ssuzg1942@msn.com
Date: 01/24/2007 2:15:46 PM
Subject: 200 East Swallow Road Rezoning
Susie,
F
I have attached the "draft" of the Staff Report & Recommendation to the Planning & Zoning Board for their
February .15, 2007 deliberation on your 200 East Swallow Road Rezoning request. As I previously stated,
Staffs recommendation to the Board is for denial of the request. Staff, again, is only providing a
recommendation to the Board. The Board will then forward their recommendation to City Council, who is
the ultimate and final decision -maker. If you choose to move forward with the request then the item would
go to Council on March 6th for 1 st Reading and on March 20th for 2nd Reading.
I am sending this to you now to hopefully help with your decision about whether to pursue the rezoning or
withdraw your request. As we discussed, I need your decision (in writing) by next Wednesday, January
31 st, before we mail the required notification letters to Affected Property Owners on February 1 st.
Steve
CC: Cameron Gloss