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Home My WebLink AboutEAST ELIZABETH STREET REZONING - 2-02 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSPage Two Members of the Planning and Zoning Board of the City of Fort Collins March 21, 2002 park was recommended by the aforementioned 1980 study. The Riverside Shopping Center has developed, but this development is physically separated from East Elizabeth Street as there are no north/south streets connecting the shopping center with East Elizabeth Street between Lemay Avenue and Stover Street. The re -zoning of these properties presents a danger to the residential properties located directly to the west. Each individual property, abutting a more intense use to the east, will be subject to a demand for re -zoning to permit a more intense use. The properties sought to be re -zoned present a particular danger as the owners of 1004 East Elizabeth Street also own vacant property facing on Lemay Avenue where more intense uses are permitted. By combining 1004 and 1008 East Elizabeth Street with the larger parcel on Lemay Avenue, a larger project could be constructed on Lemay Avenue with spill -over onto the two subject properties, causing more intense pressure on the residential properties to the west. Despite the statements of the applicants, the subject property is not completely surrounded by commercial and rental properties, nor has the character of the neighborhood changed at all, much less from residential to commercial and business. The property at 1004 East Elizabeth was purchased by the applicants, presumably as an investment property and at that time contained a residence. That residence was subsequently torn down, presumably by the applicants. The north side of East Elizabeth Street has remained residential in use since annexation. For the reasons stated above, we request that you deny the re -zoning application for 1004 and 1008 East Elizabeth Street. Very truly y s, o and Jan C oll March 21, 2002 To: Members of the Planning and Zoning Board RECEIVED of the City of Fort Collins MIM 2 1 2002 L,'JRRENT PLANNING Re: East Elizabeth Street Re -Zoning File No. 2-02 (1004 and 1008 East Elizabeth Street) Dear Members: We reside at 805 East Elizabeth Street, approximately two blocks from the properties sought to be re -zoned. We oppose the re -zoning for a number of reasons. East Elizabeth Street between Stover Street and Lemay Avenue was original a road to the Larimer County Hospital, with dwellings being built on both sides of the street, commencing in approximately 1907. The area was annexed in approximately 1967. In the 1970s East Elizabeth Street between Stover Street and Lemay Avenue was paved, but the City was extremely careful to preserve the sensitive residential nature of the area. Although a four lane street from College Avenue to Stover Street, East Elizabeth Street past Stover Street was made a two lane paved road. Special street lights were installed to emphasize the residential nature of the street. In approximately 1980, one of the present applicants, Mr. Donald N. Hyder requested re- zoning of his home to permit office uses. City staff expanded the zoning request into a study of the entire East Elizabeth, Riverside and Lemay Avenue area and recommended zoning appropriate. Development has followed the re -zonings. The Hyder re -zoning was denied on the basis that the residential properties of 1008 East Elizabeth Street and west should remain residential. In approximately 1985 a request was made to expand a non -conforming use, which was a physician's office located on East Elizabeth Street in approximately the 900 block. This request was denied as being incompatible with the residential nature of the street. There has been no change along East Elizabeth Street and on the parcels surrounding the properties sought to be re -zoned in approximately 25 years. The last significant change took place when the two office buildings were constructed immediately to the east of the subject properties. No change has taken place in the immediate vicinity of the intersection of Lemay Avenue and East Elizabeth Street. A neighborhood park has replaced an automobile junk yard west of Albertson's Supermarket and east of Laurel Elementary School, which neighborhood Page 2 East Elizabeth Street Rezoning Petition The reason that the petition is being made at this time is that we as owners must make some changes in our lives and these properties are a large part of that (in golf terms, we have all reached the age of "Super" seniors and beyond). Mr. and Mrs. Hyder (1008) hired a professional appraiser to evaluate their property, and both their yard and home are in excellent condition, but the value of their property was discounted 20% because the Appraiser said their home could no longer be considered as being in a "Single Family residential neighborhood". No one has or would propose to build a single family detached home on the vacant lot (1004), nor would any Lender approve a loan for that purpose. It is really not possible to start any kind of reasonable planning for this lot at this time under the present zoning. We Owners realize that we have been "passed over" during this time of change in the Zoning and use of the Properties around us. Our petition is not so much to change Zoning, but to correct it. It is our understanding that the Zoning on the Property adjoining to the East (1040 E Elizabeth) is to be corrected to NCB (Buffer). In studying the requirements and purpose of the NCB Zoning in the Land Use Code, it is proper and reasonable for this location and situation. Bob Conlon lives at 725 East Elizabeth and I lived at 704 Garfield Street (behind him), so we both recognize what a really fine residential neighborhood is to the West of these properties, and the need of a 'Buffer Zone". This NCB Zoning would also be consistent and compatible with the NCB Zone buffering the West side adjoining our property. 'th Our purpose for this Zoning is that we can move forward wi the planning to become a useful part of our neighborhood and community. We appreciate your consideration of this matter so important to us. Sincerely,/ ��✓ -4� Paul F. Harder EAST ELIZABETH STREET REZONING PETITION February 8, 2002 TO: Fort Collins City Staff, Fort Collins Planning and Zoning Board, Fort Collins City Council and other interested parties. FROM: Paul F Harder, Owner and Representative for the Properties. Phone # (970) 223-2408 SUBJECT: Rezoning of 1004 and 1008 East Elizabeth Street to NCB (Buffer). This Property is located at the very eastern edge of the "East Side Neighborhood" and is impacted by the Riverside-Lemay Shopping Center to the North, and the Poudre Valley Hospital Area Medical, Office, Business, and Apartment development to the East and South. All of the Property on this Eastern Edge is Zoned Commercial (NC) or Employment (E), which is essentially business; except for a small "finger" of property on the North side of East Elizabeth Street (zoned NCL residential). This is where our property (1004 and 1008) is located, completely "sandwiched" and surrounded by commercial and business development. In section 3 (Buffer Areas) of the East Side Neighborhood Plan the statement is made that "the close proximity to the more intense Fringe Areas tends to make many sites less desirable for most single family residential uses". It then states "a wider range of land uses is appropriate in these areas" and goes on to explain these low intensity Buffer uses. Certainly, our property qualifies as being in such a "more intense Fringe Area". These properties have been owned for (1004) thirty years and (1008) forty years. During this time we have experienced all this planning and growth with the necessary changes in zoning encircling and even jumping over the top of our property. In recent history, the Hospital purchased the Commercial Building adjoining our property to the North, changing it into a Medical Center. They then acquired land to the West and developed it into a Parking Lot. The zoning for this Parking Lot development is designated as NCL (residential), but this, of course, is not correct. By constructing this Parking area, the complete West side of the Commercial Shopping Center is effectively NCB (Buffer) Zoning. Actually some of the Hospital employees from this development walk across our property as a short cut to the Hospital and a restaurant and businesses to the South. Not only have we experienced all the building around our property, we have also seen the expansion of utilities, streets (especially Lemay), transportation (city bus stops right in front of 1008), and a Neighborhood Park. All of this has of course changed the nature of our "immediate" Neighborhood and the practical use of the Property. City of Fort Collins Elizabeth Street Rezoning . Zoning Code Division 2.9.4H The rezoning request for 1004 and 1008 East Elizabeth Street is being made because of the changing conditions and character of the neighborhood. The parties have owned the properties for more than 30 years, and have witnessed continued commercial, office, and apartment development for the past 25 'years. The property is presently completely surrounded by commercial and rental properties. To the north is a commercial major shopping center (adjoining), to the east are medical office buildings (adjoining), to the south is commercial shopping, apartment building, and nursing homes (across Elizabeth Street), and to the west is rental housing. Without question, the character of our "immediate neighborhood" has changed from residential to commercial and business. Our present zoning is NCL, which basically permits single-family detached dwellings. Since there has not been a single-family detached dwelling built within blocks of our property in the past thirty plus years, and the only development has been commercial or business, it is apparent that the present zoning is outdated and incorrect. The medical building directly west and adjoining our property was incorrectly zoned NCL at the time City Plan was adopted. Dr. Baker, the owner, informed us that the zoning is going to be corrected and the new zoning will be NCB. This zoning allows small multi -family. and mixed -use dwellings with limits on height and size and is "intended for areas that are a transition between residential neighborhoods and more intensive commercial -use areas". This is exactly the position we find our property in. Since our property is in the same exact location and "footprint" as Dr. Baker's, the NCB zoning is the reasonable and proper zoning for our property so that its use can be a buffer from the adjoining commercial and business development. It is our desire that our property can be used and become useful to the community and ourselves. The property is completely improved and is basically flat land and therefore the change to NCB zone should not change the present environment. The amendment should result in a logical and orderly development of the area. Submitted by applicant: GGu�/ Paul F. Harder 737 Rochelle Circle Fort Collins, CO 80526 Reason for Request: (Please attach additional sheets if more space is needed.) Please see attached letter. Please. attach listing of 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. Respectfully submitted, State of Colorado) . ss. County of Larimer) The forgoing instrument was acknowledged before me this lO �hday of �anRT9 BZAta ►�?p- o I . the purpose thereinset forth. My co� 0 N ' 1 tP ,p L`O �Notary Public Y R 1�1N- Note: Filing of a petition to rezone requires a deposit of with the City Clerk to defray the cost of the amendment. Please return to the Planning Department - City of Fort Collins. A. B. A. B. CITY OF FORT COLLINS REZONING PETITION Petitioner: Name Address Paul F."Harder 737 Rochelle Circle Fort Collins, CO 80526 Owner. Name Address Paul F. Harder 737 Rochelle Circle, FC Robert M-. Conlon' 725 Elizabeth Street, FC (1004 E. Elizabeth) ---------------------------------------------------------------- Donald N. Hyder Lela B. Hyder 1008 E. Elizabeth St., :FC (1008 E. Elizabeth) To the City Council of the City of Fort Collins, Colorado. I -(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 hereinafter described parcel, containing .77 acres, more or less, from NCL zoning district to NCB zoning district: (Legal description) 1004 E ELIZABETH ST. (50X350) COM.:385.5.FT M OF SE COR OF NE 13-7-69 W 50 FT N 350 FT E 50'FT S 350 FT TO BEG FTC 1008-,E.ELIZABETH ST.i:(80X200) COM AT PT 305.5 FT W OF E 1/4 COR 13-7-69'TH W 80-FT'N -200 FT E 80 FT S 200 FT TO BEG FTC F *NOTE: ZONING /LAND USE BOUNDARY f LINES ARE PRELIMINARY AND MAY BE ADJUSTED UPON DETAILED STUDY AT TIME OF IMPLEMENTATION 4 -- I. -1i1 _ ilillili_ `I7/Y� �, 4S L,Q•579174GXy' EAST SIDE F IOHBORHOOD j r r I►,;e' PLAN _ PRE12EiVATIDN _ 7 Z �.l I �._r �i 'I -` {jam 'II itI' - , E-i I° t .i�,r'- `JI - - - - ' I � ,_-1 �lu _ ILA �� ,�'�►j ��—"�.a._ .-_.�_a_ rl _�,F - EAST IAABEFtl1Y STREET — --.Q� •.. }• I E 11 I 9 � 1 (•t. ) wl � ' 1 � � � ' ' ; L.�, !✓ I' -1 i P�1 I i I 1 I I, I i I I -. � e � _ u! ` T. �1lI "�S _I � I�• I _I I 1:—. r�.`�I_I 1� i ..........��4�Y�i��r1— I ��, '• Ij 5T 1+ p' STI�ET _ l '_�l FW AR€A r -,: FL�trT VA E 1'•I p 2 - - - L— - ,y�v �_� - 1 ft„ B1- �I AREA Q J 'o— ��_ LIrY.I -LT ii y EELI�:�-s�+ --_ "�� r 7 I I I I 'I ' . 'I'7 -i �� F �� ., _ N 1 �� I .i • ir I ? • `+ �� I V 11 II I - ; EST I L ' PROPOSED LAND USE AREAS qL PRESERVATION AREA NB BUFFER AREA 4 a 1 III. FRINGE AREA RL \` [ ,,� I L�-.: RG I L I ' _ONIIJG GESIGIJR110115 t 4 -_ 'I _— •_ ` ' F I IY - NFIClIpp111pLU I11ElEPYATION 11pIOH9(Np II BUfFER. bYUENl111AE � I BL - 1W 1E0 �UyIlEYS ' ; I 1 1 I1 Y I I � � BG - GCIEMI WI`u11E9] I' _•�� " Pia I0I15 P'E �CTIi , fl7-A UI __�_ IAAt��l Iililil �Iililil 1/�-_ _ - _ FIGURE 4 ELIZABETH STREET REZONING LI y. < Mr , W"AM w vc" ^ t4jPM F rA Ott A F7 AST omf,1540, ST L WrAkRUSAT #J!!cpeaied with AmIMS-Copyr4hi )IMMMENdlec.. 0,00CK RC NCB 1040 E. ELIZ. (BAKER) -B 1008 E. El-LIZ, A 1004 E. ELIZ. No Text East Elizabeth Street Rezoning, #2-02 March 21, 2002 P & Z Meeting Page 5 FINDINGS OF FACT/CONCLUSIONS After reviewing the East Elizabeth Street rezoning, File #2-02, staff makes the following findings of fact and conclusions as explained above: A. The City Plan rezoning in March of 1997 for these properties to NCL was based on the recommendations of the East Side Neighborhood Plan. B. The subject property for the East Elizabeth Rezoning is designated on the City Structure Plan as Low Density Mixed Use Residential Neighborhood. The rezoning request is consistent with the City of Fort Collins Structure Plan map. C. The subject property for the East Elizabeth Street Rezoning is designated as Low Density Residential in the East Side Neighborhood Plan, an element of the City of Fort Collins City Plan. The rezoning request is inconsistent with this plan. D. The subject properties and surrounding properties have not undergone/ significant change since the adoption of the East Side Neighborhood Plan. The rezoning request has not demonstrated a significant change to warrant the rezoning request. RECOMMENDATION Staff recommends that the Planning and Zoning Board recommend that City Council deny the East Elizabeth Street Rezoning #2-02, Amendment to the Zoning Map from NCL — Neighborhood Conservation Low -Density Residential to NCB — Neighborhood Conservation Buffer District. East Elizabeth Street Rezoning, #2-02 March 21, 2002 P & Z Meeting Page 4 2. 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, noise, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The parcels are not included within a mapped natural area, nor does it appear they contain any wetlands or other environmentally sensitive areas which would be impacted by future development of the site. There does appear to be existing significant vegetation on the site, which may need to be incorporated into a future site plan. 3. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The zoning pattern is following an orderly extension of the adjacent NCB zoning, however the proposed zoning will permit the extension of non-residential uses into an area that is planned to remain as single family development, pursuant to the East Side Neighborhood Plan. 3. Request for NCB — Neighborhood Conservation, Buffer District Zoning The applicant initially filed a rezoning petition with the City on January 11, 2002. The current request is to rezone two parcels consisting of 0.77-acres from NCL to NCB. One of the lots is vacant, the other contains a single-family dwelling. The purpose of the NCB Zoning is to provide a "transition between residential neighborhoods and more intensive commercial -use areas or high traffic zones and that have been given this designation in accordance with an adopted sub- area plan". A rezoning request is being processed simultaneously with this application for a parcel of land immediately to the east of these parcels at 1040 East Elizabeth. This is a request to rezone from NCL to NCB, the same as the applicant for this rezoning. Staff is processing this rezoning request and is recommending approval based on the East Side Neighborhood Plan. The plan shows this lot, which is currently used for a medical office, as the transition lot from the adjacent NC — Neighborhood Commercial and Employment Zone Districts to the north and east, with the adjacent lots to the west used and zoned for single family residential. East Elizabeth Street Rezoning, #2-02 March 21, 2002 P & Z Meeting Page 3 on the Structure Plan. However, the East Side Neighborhood Plan is an element of City Plan. Rezoning requests within the East Side Neighborhood Plan must demonstrate substantial compliance with the specific zoning pattern established by the plan. The proposed rezoning is inconsistent with the zone districts recommended for these properties. B. Warranted by change in the neighborhood surrounding and including the subject property: An extensive analysis of the neighborhood was conducted during the preparation of the East Side Neighborhood Plan. This planning process inventoried the transportation, housing, zoning, historic buildings and land uses for the parcels within the study area. Development occurring along the Lemay Avenue corridor (south of Albertsons), has been in conformance with the plan. Land immediately surrounding the parcels and the parcels themselves have not changed since the implementation of the East Side Neighborhood Plan. C. Additional Consideration for Quasi -Judicial Rezonings: In determining whether to recommend approval of any such proposed zoning amendment, the Planning and Zoning Board and City Council may consider the following additional factors: 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: Conceivably, uses such as multi -family, medical and professional offices, could be included within this area and be compatible with the existing uses. These uses are already established within the properties to the north and south of the site. It is, however, difficult to determine how such uses may become compatible with adjacent single family residential area. The lots were platted for residential buildings and are relatively small and narrow. It may be a challenge to propose a use other than single family residential on this lot while still providing the necessary setback and buffering to ensure compatibility with adjacent single family residences. The adjacent single family lots are also very narrow and deep, with a minimal side yard setback. East Elizabeth Street Rezoning, #2-02 March 21, 2002 P & Z Meeting Page 2 Lemay Avenues to the east and Prospect Road to the south. This plan was developed as a tool to help preserve and enhance the quality of life, and promote stability for the East Side Neighborhood. The neighborhood plan was later incorporated as an element of City Plan, adopted by City Council in 1997. The East Side Neighborhood Plan includes a specific zoning pattern for this area, focusing on preserving the single family residential and commercial areas, and proposing land use buffers between areas of residential and commercial uses. These zone districts were developed as part of the Structure Plan then applied to this area. The properties included within the rezoning petition were initially to be zoned RL — Low Density Residential in the East Side Neighborhood Plan. These properties were later included within the NCL — Neighborhood Conservation, Low Density District. The NCL zone district permits single family residential and parks and recreation areas as Type I (administrative) uses and group homes, schools, churches, community and public facilities as Type II (Planning and Zoning Board) uses. FINDINGS and ANALYSIS 1. Background: A. The surrounding zoning and land uses are as follows: N: NC; Existing commercial center S: E; Multi -family residential E: NCL; Existing single family residential W: NCL; Medical offices (pending rezone to NCB) The property was annexed as part of the First Lemay Annexation in June, 1967. 2. Quasi -Judicial Rezoning: The properties included within the rezoning petition are less than 640 acres, and is therefore, considered a Quasi -Judicial Rezoning. In order for the Planning and Zoning Board to recommend approval of a rezoning to the City Council, the following criteria shall be met: A. Consistent with the City's Comprehensive Plan: The parcels are designated as Low Density, Mixed -Use Residential Neighborhood on the City of Fort Collins Structure Plan. The existing NCL zoning and the proposed NCB zoning are consistent with this designation ITEM NO. 6 MEETING DATE 3/21 In STAFF Bob Barkeen City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: East Elizabeth Street Rezoning, File #2-02 APPLICANT: Paul F. Harder 737 Rochelle Circle Fort Collins, CO 80526 OWNERS: Robert M. Conlon 725 East Elizabeth Street Fort Collins, CO 80524 Paul F. Harder 737 Rochelle Circle Fort Collins, CO 80526 Donald N. Hyder 1008 East Eizabeth Street Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request to rezone two parcels of land located at 1004 and 1008 East Elizabeth Street from NCL — Neighborhood Conservation, Low Density District to NCB — Neighborhood Conservation, Buffer District. The properties are located north of Elizabeth Street, just west of Lemay Avenue. Together, they total .77 acres in size. The properties are currently zoned. One of the parcels (1004 East Elizabeth) is vacant, the other contains a single-family residential dwelling. The sites are designated as Low Density Mixed Use Residential on the City of Fort Collins Structure Plan. RECOMMENDATION Disapproval. EXECUTIVE SUMMARY: The rezoning request is inconsistent with the East Side Neighborhood Plan adopted in 1986. This plan established a land use pattern for the area bounded by College Avenue to the west, Mountain Avenue to the north, Riverside and COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT