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HomeMy WebLinkAboutReports - Staff Report - 04/05/2001ITEM NO. 3 MEETING DATE 4 5 01 STAFF Brian Grubb Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT REQUEST: Ridgewood Hills Rezoning - File #4-01 APPLICANT: The Director of the Community Planning and Environmental Services Service Area c/o Brian Grubb, City Planner 281 North College Avenue Fort Collins, CO 80522 OWNER(S): Approximately 60 Property Owners PROJECT DESCRIPTION: This a recommendation to City Council for a request to rezone Ridgewood Hills P.U.D First Filing, and Ridgewood Hills P.U.D First Filing First Replat from R-L (Low Density Residential) to L-M-N (Low Density Mixed -Use Neighborhood). The subject site consists of 14.01± acres located south and adjacent to Trilby Road, north of County Road 32 between College Avenue and Shields Street. 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 LMN zoning would make all existing uses conforming and allow the development of the last remaining undeveloped parcel, consistent with previously approved plans. STAFF RECOMMENDATION: Approval COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 PLANNING DEPARTMENT Ridgewood Hills Rezoning, #4-01 April 5, 2001 P & Z Meeting Page 2 COMMENTS: 1. Background In March of 1997, as part of the comprehensive rezoning of the City, Ridgewood Hills was rezoned from P.U.D. to R-L, Low Density Residential. The original basis for the R- L zone was that Ridgewood Hills Filing 1 was already approved, platted for single family homes, and substantially complete. As such, Ridgewood Hills was incorrectly considered an established neighborhood and therefore not eligible for the new L-M-N zone district. Staff overlooked the fact that the subject area within Ridgewood Hills was in the process of developing as a mixed -use area (see existing conditions below). Consequently, staff inadvertently zoned the subject area (14.01± acres) as if it was already developed or to be developed for single family detached dwellings. The 1997 rezoning made every existing use within the subject area nonconforming, except the single family detached dwellings. In addition, the rezoning made it impossible to develop Tract L consistent with the previously approved land use. Tract L was approved as a "convenience/daycare" site in 1994 as part of the Ridgewood Hills PUD (see attached plan). On January 18, 2001 Melody Homes submitted a petition to rezone the subject area from RL to LMN. Staff had previously identified the subject area as having been improperly zoned. Melody Homes' desire to move forward created the need to initiate action. Since Melody Homes cannot apply to rezone property under other ownership, 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 area contains a mix of townhomes, duplexes, approximately 7 single family detached homes, and a childcare center. Melody Homes is the owner of Tract L located in the southeast corner of the intersection of Avondale Road and Trilby Road. Tract L is the only undeveloped site in the subject area and consists of approximately 1.8 acres. Ridgewood Hills Rezoning, #4-01 April 5, 2001 P & Z Meeting Page 3 Surrounding Zoning and Existing Land Use Existing Land Use Existing Zoning North Good Samaritan Elderly Care Facility MMN and Larimer County FA East "Urban Estate" Residential Larimer County FA South Single Family RL West Single Family RL In the three years since the City Plan rezoning to R-L, the site has developed out as a mixed -use residential neighborhood, except for Tract L. The proposed LMN zoning would make all existing uses conforming. With frontage on Trilby Road, and with neighborhood access from Avondale there exists a potential for non-residential land uses on Tract L that would not otherwise be permitted under the existing R-L zone district. 3. Neighborhood Meeting Approximately 25 citizens attended the neighborhood meeting (see attached minutes). There were numerous questions about the effects of the rezoning on the existing developed properties and the undeveloped parcel. The majority of discussion focused upon potential development of Tract L. The neighbors expressed concerns about traffic, noise and other impacts associated with the development of Tract L. Most cited concerns about undesirable uses such as gas stations, liquor stores and more multi- family development. 4. 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: 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 "Low Density Mixed -Use Neighborhood." Therefore, the request is in compliance with the City Structure Plan. Ridgewood Hills Rezoning, #4-01 April 5, 2001 P & Z Meeting Page 4 It is the opinion of staff that the rezoning is consistent with the following policies of City Plan. Policy LMN-2.2 Neighborhood Center - A neighborhood should be planned to include other neighborhood -serving uses and features in addition to residential uses. At a minimum, each neighborhood will include a Neighborhood Center that serves as a year- round gathering place accessible to all residents. A Neighborhood Center will be no larger than 7 acres and will include some of the following: recreation facility, school, children's and adults' daycare; place of assembly and worship; small civic facility, neighborhood -servicing market, shops, small professional offices, clinics, or other small businesses. Any such uses should have limited needs for signage and limited traffic attraction into or through the neighborhood. The inclusion of rooms or indoor space for meetings and neighborhood functions is encouraged, as is a square, plaza, pavilion, or other outdoor space accessible to all residents. Policy LMN-2.3 Neighborhood Center Location — A Neighborhood Center should be encouraged to locate near the center of the neighborhood, but will be permitted to be located elsewhere such as on an edge. 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. There are 3 standards that may be used by the Planning and Zoning Board and City Council to make a decision. Those standards are as follows: 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. The proposed zoning (L-M-N) is appropriate for the subject site because it is the least intense zone district that still allows all the existing development as well as the previously approved land use of the remaining undeveloped site. D. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited Ridgewood Hills Rezoning, #4-01 April 5, 2001 P & Z Meeting Page 5 to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The proposed zoning L-M-N would not have any adverse impact on the natural functioning of the environment. Staff finds this criterion to be satisfied. E. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The rezoning would help implement the vision of the walkable, mixed -use neighborhood. According to City Plan, under "Type of Places," the neighborhood is described as follows: "Neighborhoods — As the dominant and most important areas within our city, neighborhoods will serve as the primary building blocks. Neighborhoods will be walkable and connected, and will include a mix of housing types. Neighborhoods will include destinations within walking distance, such as schools, parks, neighborhood and convenient shopping, and civic uses." The proposed rezoning helps implement this vision by allowing a broader mix of land uses to be located within walking distance of an established neighborhood. In addition, the rezoning would allow the surrounding residential area to enjoy a wider range of needs of every day living and the potential for services, conveniences, and gathering places that can be integrated into streets and sidewalks of the Ridgewood neighborhood. Ridgewood Hills Rezoning, #4-01 April 5, 2001 P & Z Meeting Page 6 FINDINGS OF FACT/CONCLUSIONS: In evaluating the request for Amendment to the Zoning Map for Ridgewood Hills PUD from R-L to L-M-N, Staff makes the following findings of fact: A. The City Plan rezoning in March of 1997 to R-L incorrectly assumed that the subject area was in the process of developing out as single-family lots. This was not the case. As a result, an inadvertent down -zoning of the property occurred. B. The subject area is designated on City Structure Plan as "Low Density Mixed - Use Neighborhood". The request is therefore consistent with the City Structure Plan. C. If Tract L is developed as single-family detached residential, which is the only option today, such development will be in direct conflict with the goals and policies of City Plan. The rezoning must take place for the property to be developed in conformance with City Plan. D. 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 rezoning to R-L overlooked the fact that the site was in the process of developing as a mixed -use neighborhood. Staff believes that this was a simple oversight. Had the facts been known at the time, the parcel would not have been rezoned to R-L.. The request, therefore, represents a corrective measure. RECOMMENDATION: Staff recommends approval of the request to amend the zoning map from R-L to L-M-N for a portion of Ridgewood Hills P.U.D First Filing, and Ridgewood Hills P.U.D First Filing First Replat, containing 14.01± acres; File # 4-01. VICINITY MAP #4-01 Ridgewood Hills Rezone Type II (LUC) 01/22/01 1"=600' i .< 3 ZONED: R2 fE EXISTIN�. COUNTYLARIMER 31, CREST RESIDIPM%04000 ON sb tie F4 4 ftIL AT ".im s. \w. rr 39 AC W DENSI REST IAL 3 TO-5 DU/ACt \ (150 .U.t) FA3C R COUNTY ING AND MERCIAL,, 12 A G"SS DEINCS NEIGHBORHOOD �. PARK .... (ALTERNATE USE DETACHED'SIB'fl M 4 4 fD FACILIT r • 81-15 PICK-UP/DROP-OFF TPILBYr 5' WALK • �� - -••� FP4 VIM • - DETAILED �, - �� ti =`_• a �� �� • ; i�o;� ��.� �ri _ .. ; •�....�� �b � � ,. �•.,�` �►��,:� ����,,;,� 11 -:'i�� � � ��_ : off•, � �lri�i ,�i ��;:-� �";�y�'�. •' '�' . ' .AN OF THE MULT kMILY ARE :� � , .,irk �r��i �►. 1. • v ! �� LARIMER • FARMING • ���1�-31 ZONED • i r, I COMMERUI • "� . CITY OF FORT COLLINS Petitioner: Melody Homes, Inc. 11031 Sheridan Boulevard Westminster, CO 80020 Owner: Melody Homes, Inc. 11031 Sheridan Boulevard Westminster, CO 80020 To the City Council of the City of Fort Collins, Colorado: I, 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: A parcel at the southeast intersection of Trilby Road and Avondale Drive in Fort Collins, containing 14.01 acres, more or less, from the Low Density Residential (RL) zoning district to the Low Densiri Mixed -Use Neighborhood (LMN) zoning district. See attached Exhibit A for a full Legal Description of this parcel Reason for Request: When the Ridgewood Hills PUD was zoned `RL,' in the city-wide rezoning in 1997, a pocket of legally -existing non -conforming uses was created. We propose a zoning change to provide the appropriate zoning of `LMN' for this area of development. The existing uses (townhomes, patio homes, a day care center) in the area are permitted in the proposed district, and the single undeveloped lot will then have the opportunity to develop as an integral part of this neighborhood in the future. Please attach list 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. See attached Exhibit C. Respectfully submitted, MELODY HOMES, INC. By �__.._ .--- Ti- by J. K 'atz, j 'ce President Land Develop � STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this �day of Timothy J. Kratz, V.P. Land Development, Melody Homes, Inc., for the purpose My commission expires (361 b f� Notary Public 1t10aneiida►Bow Note: Filing of a petition to rezone requires a deposit of $977.00 with the City Clerk to defray the cost of the amendment. Ridgewood Hills Rezone Statement of Justification The Land Use Code, Section 2.9.4(H), requires that the City Council be able to find that the proposed rezone is consistent with City Plan, and/or warranted by changed conditions within the neighborhood surrounding and including the subject property. The proposed zone change from the existing RL — Low Density Residential to LMN — Low -Density Mixed -Use Neighborhood is supported by the City Structure Plan, which designates this site as Low Density Mixed Use Neighborhood. The proposed rezone will contribute to a compact urban form (LU-1.1) by providing the opportunity for the undeveloped site within this area to develop as part of the mixed -use neighborhood, potentially providing neighborhood services to the surrounding area. With existing zoning, this site would likely be developed as single family detached homes. The potential for neighborhood services in this area also contributes to an appropriate mix of land uses that maximize the potential for neighbors to utilize these services, versus driving longer distances for similar services (T-5.1). This rezone will make it possible to provide a true "Neighborhood Center" for the Ridgewood Hills neighborhood, and surrounding neighborhoods (LMN-2.2). LUC 2.9.4(H) also provides that additional considerations may be taken into account. The first consideration is whether the proposed rezone is compatible with existing and proposed uses surrounding the site, and is the appropriate zone for the site. In this case, this is one of the primary reasons this rezone is requested. The proposed rezone will provide the appropriate zoning for this site, whereas, current zoning creates a situation where the existing uses are not in conformance with the zoning district. Roughly half of the Ridgewood Hills development is also zoned LMN, and the Shenandoah development to the east is zoned MMN. The second consideration is in regards to the impact to the natural environment. This site is largely developed, therefore, this rezone should have no significant impact on the natural environment. The third consideration is whether the proposed rezone results in a logical and orderly development pattern. The proposed rezone does, in fact, contribute to a logical and orderly development pattern in that the remaining undeveloped lot may be permitted to develop, in the future, as a part of this mixed -use neighborhood. With the current RL zoning, this site would likely be forced to develop as one or two single family detached homes — which would be out of character for this portion of the Ridgewood Hills development which contains a day care center, townhomes and patio homes.