HomeMy WebLinkAboutHUBER ZONING - 13-03 - REPORTS - RECOMMENDATION/REPORTHuber Rezoning
April 10, 2003 P & Z Meeting
Page 4
C. The request to rezone satisfies the applicable review criteria of the Section
2.9.4 (H) of the Land Use Code.
In conclusion, Staff agrees that the 1997 City Plan zoning designation process
should have applied a zone district classification to the subject property. Staffs
perspective is that this was a simple oversight. Had the facts been known at the
time, the parcel would have been designated POL. The request, therefore,
represents a corrective measure.
RECOMMENDATION:
Staff recommends approval of the request to amend the zoning map from "not
zoned" to POL for a parcel containing 1.05 ± acres; File #13 -03.
Huber Rezoning
April 10, 2003 P & Z Meeting
Page 3
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 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 "Rural/Open
Lands and Stream Corridors". Therefore, the request is in compliance with the
City Structure Plan.
It is the opinion of staff that the zoning is consistent with the following policies of
City Plan.
Policy NOL-2.1 Floodplain — The City will preserve and protect sensitive natural
areas of the 100-year floodplains of the Poudre River, Spring Creek, Fossil
Creek, and other waterways, for conservation purposes.
Policy NOL-3.1 Corridors — Trails along streams, drainage ways, and irrigation
ditch corridors should be dispersed throughout the city, provide public access,
and link neighborhoods, parks, activity centers, commercial centers, and streets
where environmentally appropriate and compatible with natural habitat values.
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 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.
FINDINGS OF FACT/CONCLUSIONS:
In evaluating the request for Amendment to the Zoning Map for the Huber
property, with a designation of POL, Staff makes the following findings of fact:
A. The City Plan rezoning in March of 1997 failed to provide a zone
designation on the subject property.
B. The subject area is designated on the City Structure Plan as "Rural/Open
Lands and Stream Corridors". The request is therefore consistent with the
City Structure Plan.
Huber Rezoning
April 10, 2003 P & Z Meeting
Page 2
In March of 1997, as part of the comprehensive rezoning of the City, all
properties were to be zoned based upon new zone district classifications created
under City Plan. During this comprehensive rezoning process, staff overlooked
this parcel and didn't assign a new zone designation. The subject property was
purchased by the City's Stormwater Utility in 1996 to implement needed
stormwater improvements along the Spring Creek floodplain. This zoning error
was identified during the process of mapping the S. Taft Hill Seventh Annexation
area, a portion of which shares a common boundary with the south property line
of the subject property.
Staff made the decision to sponsor the rezone request as allowed by Section
2.9.3(A) of the Code.
2. Existing Conditions
The subject property contains a stormwater detention facility owned and
operated by the City of Fort Collins Stormwater Utility.
Surrounding Zoning and Existing Land Use
Existing Land Use
Existing Zoning
North
Water detention areas,
POL
Spring Creek trail
East
Vacant
MMN
South
Apartments
County FA—1(proposed
UE as part of the S. Taft
7th annexation
West
Water detention areas,
POL
Spring Creek trail
3. 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 in evaluating a request
for a quasi-judicial rezoning. These standards and an explanation of how the
request complies are summarized below:
ITEM NO. 5
MEETING DATE 4/10/03
STAFF Cameron Gl.bss
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Huber Zoning
[Type II Planning and Zoning Board Review]
File # 13 -03
APPLICANT: City of Fort Collins
Community Planning and Environmental Services
281 North College Avenue
Fort Collins, CO 80522
OWNER: City of Fort Collins Stormwater Utility
700 Wood Street
Fort Collins, CO 80521
PROJECT DESCRIPTION:
This is a recommendation to City Council for a request to zone a parcel owned
by the City of Fort Collins Stormwater Utility, that is presently "not zoned", to POL
(Public Open Lands). The subject site consists of 1.05 t acres located south of
Drake Road and west of Taft Hill Road.
EXECUTIVE SUMMARY:
Staff has reviewed the request and determined that the proposal is in compliance
with City Plan and the criteria for approval contained in Section 2.9.4 of the Land
Use Code. The proposed POL zoning would make this parcel consistent with the
City Structure Plan designation and the zoning designation of contiguous City -
owned parcels to the north and west.
STAFF RECOMMENDATION: Approval
COMMENTS:
1. Background
In May of 1991, the City of Fort Collins annexed the subject property and
assigned an initial zone district designation of R-P, Planned Residential.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box580 Fort Collins, CO80522-0580 (970)221-6750
PLANNING DEPARTMENT