HomeMy WebLinkAbout2021 TIMBERLINE LANE - REZONE - 3-01 - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes
March 15, 2001
Page 21
Member Craig seconded the motion.
Chairperson Gavaldon commented that he agreed that the conditions in the
neighborhood have not changed to justify the request.
Member Colton commented that he would like to discuss going back and re -address the
detail on the Structure Plan on this if it does not match and make a change to the map.
Director Gloss replied that it would be something for the Board to consider. If there
were a denial, it would be a stronger case, if the plan were changed to reflect the UE
zoning that has been assigned to the property. The Board could direct staff to look at
that issue.
Deputy City Attorney Beckman added that it was not only the Structure Plan Map that is
troublesome in this case, but also some of the maps that are in the Harmony Corridor
Plan. He felt that both maps should be looked at.
The motion for denial was approved 4-1 with Member Meyer voting in the
negative.
Project Harmony Technology Park, Hewlett Packard,
Project Development Plan, #12-97D
Project Description: Request for 750,000 square fe f office and
research & development yses in six buildings
on 61.3 acres. The profperty is located on the
south side of E4st armony Road, east of
County Rom, north of County Road 36, and
west -of -Cam bridge Avenue. The existing
Cefestica facility is adjacent to the west. The
property is zoned HC, Harmony Corridor.
Recommendation: Approval with Condition
Hearing Testimony; Written Comments and Other Evidence
Chairperson Gavaldon and Member Colton excused themselves because of a conflict of
intere4t-on this project. Member Bernth returned as Chairperson.
-Steve Olt, City Planner gave the staff presentation. He stated that the Board has been
given tonight a request for Modification of Standard dealing with the design of the -curb
cuts in the driveway approaches within the site. He stated that the Project Development,
Planning and Zoning Board Minutes
March 15, 2001
Page 20
Member Craig stated that there were meetings with this neighborhood during City Plan
and they were assured at that time that it would be zoned Urban Estate. That was past
Harmony Corridor, 1996 and 1997, and that was the kind of information that she felt she
needed. She did not want the people, that have been in a neighborhood situation, and
has heard from the city that they were assured to keep their zoning, to have their zoning
changed to HC. She stated that all through the Harmony Corridor Plan it talks about not
destroying existing neighborhoods. She did not want to get caught up on a purple spot,
when there are other spots on the Structure Map that are the wrong color and would
have to be dealt with on a case by case basis.
Planner Grub stated that the Advance Planning staff did not support this application.
The intent was to have this neighborhood stay Urban Estate. Staff did not agree on this
recommendation, however, what came out of the Growth Management Lead Team
meeting was that this was the best recommendation given the circumstances.
Member Carpenter stated that she served on the Harmony Corridor Advisory
Committee and also on the City Plan Advisory Committee and she did not recall this
particular neighborhood. She stated that they were not looking to destroy existing
neighborhoods, but to strengthen them. She was bothered by this particular piece on a
residential street, especially when we go to the Structure Plan to justify it. She was not
sure whether it was a mistake, but that street is clearly Urban Estate and has been for
some time. She did not feel that this was something that was intended in the Harmony
Corridor Plan or City Plan.
Doug Moore, Natural Resources Department, reported that staff did go out and evaluate
this area, and the cottonwoods have depredated to the point where this area could not
be considered an isolated path for riparian forest. There are a lot of other trees that
have been planted in places in the neighborhood, and we would expect that the City
Forester would go out and evaluate the trees.
Member Colton agreed with Member Craig and the Advance Planning Staff that the
intent was Urban Estate. In his opinion, if we want to change this area, instead of doing
an incremental approach, it would be better to do it like Pioneer Mobile Home Park and
buy the whole thing and then come in and change it on the Structure Plan to Harmony
Corridor.
Member Colton recommended to City Council denial of the rezoning request for
2021 Timberline Lane. Member Colton cited that the rezoning is not warranted by
changed conditions within the neighborhood surrounding and including the
subject property. Also that it is not compatible with existing and proposed uses
surrounding the subject land, and is the appropriate zone district for the land.
Planning and Zoning Board Minutes
March 15, 2001
Page 19
Planner Grubb reviewed the criteria for approval and stated that the proposal was in
conformance with the City Plan Structure Map and was generally in conformance with
the goals and policies of City Plan. The proposal is in general conformance with the
Harmony Corridor Plan Land Use Map and generally in conformance with the goals and
policies of the document. The request to rezone generally satisfies the applicable
review criteria of Section 2.9.4(H) of the Land Use Code.
Member Craig asked if the applicant is granted the HC Zone District, how would we stop
other property owners in the area from requesting the same zoning and prohibit large
scale development in this neighborhood.
Planner Grubb replied that if the Board was concerned about the number of rezoning
requests we may receive in this area, we may want to go back and look at the Structure
Plan Map and the Harmony Corridor Plan, and modify those documents to more
accurately express what it is we want to occur there.
Vaughn Furness, Jim Sell Design, representing the applicant, JD Padilla, gave the
applicant's presentation. He stated that according to the Structure Plan Map this area is
designated as E, Employment or HC, Harmony Corridor. He stated that his client is
looking for an area for a financial institution to run his mortgage business out of. That is
what this particular lot would be. He spoke about the current negotiations for the
widening of Timberline and Harmony Roads and that it would significantly impact the
parcel on the corner. The applicant has mentioned that through the PDP process, he
would be willing to work to create a structure that would be more compatible with the
neighborhood. He stated that the neighborhood should not be surprised because this
area has always been identified as E, Employment or HC, Harmony Corridor.
PUBLIC INPUT
None.
Member Craig asked if there was a staff person available that was involved when this
neighborhood was annexed and given UE, Urban Estate zoning.
Planner Grubb responded there was not. Staff did report that the intent was when the
property was annexed, that the property would remain Urban Estate. The property was
annexed in 1981, and the neighborhood wanted to stay Urban Estate and as rural. In
1995, the Harmony Corridor Plan started to show some encroachment of employment
uses along Harmony Road. In 1997, the City Structure Plan Map showed further
encroachment of those employment uses, while still maintaining a core of residential
uses in that area.
Planning and Zoning Board Minutes
March 15, 2001
Page 18
�C ncil-Growth Management has had a chance to review the proposed
annexations: -He also asked that the Natural Resources Department come back
with alternatives regarding enforcement with a mrr a from the Sheriff's
Department and a presentation atworksessirfrom Natural Resources including
a memo as part of the staff report.
Member Carpenters nded the motion.
The motion -for continuance was approved 6-0.
Project: 2021 Timberline Lane Rezoning, #3-01
Project Description: Request to rezone approximately .75 acre
located at 2021 Timberline lane from UE,
Urban Estate, to HC, Harmony Corridor. The
parcel is generally located west of and
adjacent to Timberline Road, south of and
adjacent to Timberline Lane and approximately
150 feet north of Harmony Road.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence
Member Bernth claimed a conflict of interest on this item and excused himself.
Brian Grubb, City Planner gave the staff presentation. He stated that a letter that was
received today from a surrounding property owner was being distributed for the record.
He stated that the site currently has a garage and a mobile home existing, and gains
access from Timberline Lane to the north. He reported that there are a variety of
surrounding land uses, to the north and to the west there is low -density residential
development. To the east is a Diamond Shamrock and the old Harmony School; to the
south, the old Harmony Store and some small residences and businesses located along
Harmony Road. Planner Grubb reviewed the site shots for the Board. He stated that
there was a neighborhood meeting held and there were approximately 10 neighbors
that showed up. He stated there were a variety of comments and concerns and those
were included in the Board's packet.
Planning and Zoning Board Minutes
March 15, 2001
Page 2
17. #43-98E Coyote Ridge 6th Annexation and Zoning
18. #3-01 2021 Timberline Lane Rezoning
19. #12-97D Harmony Technology Park, Hewlett Packard — Project
Development Plan
Member Colton and Chairperson Gavaldon declared a conflict of interest on Item
19, Hewlett Packard.
Member Bernth declared a conflict of interest on Item 18, 2021 Timberline
Rezoning.
Lynn DiMirando, citizen asked for Item 3, Lincoln Jr. High School Addition be pulled for
discussion.
Betty Aragon, citizen, asked for Item 7, Poudre Development Rezoning be pulled for
discussion.
Member Craig asked for Item 4, Settlers Green at Rigden Farm, PDP, Modification of
Standards be pulled for discussion.
Member Carpenter moved for approval of the Consent Agenda items 1, minus the
May 18th minutes, 2, 5, 6, and 8.
Member Bernth seconded the motion.
The motion was approved 5-0.
Lincoln Junior High School Addition, Sites do
Advisory Review, #13-98B
Project Description: \� Request toe dlincoln Junior High School
by_ constructing a new building containing
— 9, 7 s.f. The building would feature
p classr000 t .computer lab, gymnasium,
recreational facilities and kitchen. The
predominant after, sch-Ool. user would be the
Boys and Girls Club of Larirnef�ounty. The
site is approximately one acre and zmed UE,
Urban Estate.
Chairperson Gavaldon called the meeting to order at 6:35 p.m.
Roll Call: Colton, Bernth, Craig, Gavaldon, Carpenter and Meyer(late). Member
Torgerson was absent.
Staff Present: Gloss, Eckman, Jones, Moore, Shepard, Olt, Grubb, K. Moore, Reiff,
Schlueter, Wamhoff, Virata, Wilder, Bracke, Daggett.
Agenda Review: Director of Current Planning Cameron Gloss reviewed the Consent
and Discussion Agendas:
Consent Agenda:
1.
Minutes of the May 18 (Continued), October 19, 2000 and
January 18, 2001 Planning and Zoning Board Hearings.
2.
# 6-01
Harris Bilingual Elementary School Expansion — Site Plan
Advisory Review
3.
#40-00
Lincoln Junior High School Addition — Site Plan Advisory
Review
4.
#56-98J
Settler's Green at Rigden Farm, PDP — Modification of
Standards
5.
Modifications of Conditions of Final Approval
6.
#7-01
Staley Annexation and Zoning
7.
#1-01
Poudre Development Rezoning
8.
#2-01
Speights PUD, Lots 6 & 7 and the West Half of Tract A
Rezoning
Discussion Agenda:
9.
Recommendation to City Council for Adoption of the Transfort
Strategic Operating Plan
10.
#40-98
Cathy Fromme Natural Area Annexation and Zoning
11.
#40-98A
Cathy Fromme 2"d Natural Area Annexation and Zoning
12.
#43-98
Coyote Ridge 15t Annexation and Zoning
13.
#43-98A
Coyote Ridge 2"d Annexation and Zoning
14.
#43-98B
Coyote Ridge 3rd Annexation and Zoning
15.
#43-98C
Coyote Ridge 4th Annexation and Zoning
16.
#43-98D
Coyote Ridge 5th Annexation and Zoning