HomeMy WebLinkAboutVON VIHL HEIGHTS REZONING - 18-98 - CORRESPONDENCE - PETITIONArticle 4, Districts Division 4.20, Limited Commercial District
(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted,
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code, shall be prohibited.
City ojFort Collins
Land Use Code Article 4, Page 121 Proposed July, 1997 Changes
Article 4, Districts Division 4.20, Limited Commercial District
2.
Parks, recreation and other open lands.
3.
Public facilities.
(b) Commercial/Retail Uses:
1.
Convenience retail stores without fuel sales.
2.
Convenience retail stores with fuel sales.
3.
Bars and taverns.
4.
Gasoline stations.
5.
Farm implement and heavy equipment sales.
6. _
Lodging establishments.
7.
Mobile home, recreational vehicle, and truck sales and
leasing.
8.
Funeral homes.
9.
Drive-in restaurants.
(c) Accessory/Miscellaneous Uses:
1.
Wireless telecommunication equipment.
2.
Wireless telecommunication facilities.
The following uses are permitted in the C-L District, subject to
review by the Planning and Zoning Board.
(a) Residential
Uses:
1.
Mixed use dwellings.
Article 4, Page 120
Proposed July, 1997 Changes
Article 4, Districts
Division 4.20, Limited Commercial District
(d) Industrial Uses:
1. Workshops and custom small industry uses.
2. Transportation terminals (truck, container storage).
3. Warehouses.
(e) Accessory/Miscellaneous Uses:
1. Accessory buildings. and uses, provided that outdoor
storage areas shall also be screened from surrounding
uses by a solid fence or wall at least six (6) feet in
height.
(f) Any use authorized pursuant to a site specific development
plan that was processed and approved in compliance with the
Zoning Code in effect on March 27, 1997 (the date
immediately preceding the effective date of this Land Use
Code), provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
(g) Any use which was permitted for a specific parcel of property
pursuant to the Zone district regulations in effect for such
parcel on March 27, 1997; and which physically existed upon
such parcel on March 27, 1997, provided, however, that such
existing use shall constitute a permitted use only on such
parcel of property.
(2) The follow uses are permitted in the C-L District, subject to
administrative review provided that any non-residential use shall be
separated from abutting residential land uses and residential zone
districts by a solid fence or wall at least six (6) feet in height:
(a) Institutional/Civic/Public Uses:
1. Public and private schools for college, university,
vocational or technical training.
City of Fort Collins
Land Use Code Article 4, Page 119 Proposed July, 1997 Changes
Article 4, Districts
City of Fort Collins
Land Use Code
Division 4.20, Limited Commercial District
(c) Commercial/Retail Uses:
1.
Vehicle minor repair, servicing and maintenance
establishments.
2.
Vehicle major repair, servicing and maintenance
establishments.
3.
Vehicle sales, leasing and rentals with outdoor storage.
4.
Child care centers.
5.
Entertainment facilities and theaters.
6.
Clubs and lodges.
7.
Offices, financial services and clinics.
8.
Parking lots and garages (as a principal use).
9.
Personal and business service shops.
10.
Plumbing, electrical and carpenter shops.
11.
Standard restaurants.
12.
Fast food restaurants.
13.
Frozen food lockers.
14.
Retail establishments.
15.
Limited indoor recreation.
16.
Veterinarian facilities and small animal clinics.
17.
Veterinary hospitals.
Article 4, Page 118 Proposed July, 1997 Changes
Article 4, Districts
DIVISION 4.20 LIMITED COMMERCIAL DISTRICT (C-Li
Division 4.20, Limited Commercial District
(A) Purpose The C-L Limited Commercial District is intended for areas with
commercial uses, automobile -oriented businesses which usually contain
outdoor display or storage of vehicles, and service uses, while still protecting
surrounding residential areas, provided that such areas.have been given this
designation in accordance with an adopted subarea plan.
(B) Permitted Uses.
(1) The following uses are permitted in the C-L District, subject to
building permit review, provided that any nonresidential use shall be
separated from abutting residential land uses or residential zone
districts by a solid fence or wall at least six (6) feet in height:
(a) Residential Uses:
1.
Single-family detached dwellings.
2.
Two-family dwellings.
3.
Single-family attached dwellings.
4.
Multi -family dwellings.
5.
Boarding and rooming houses.
6.
Fraternity and sorority houses.
7.
Group homes.
(b) Institutional/Civic/Public Uses:
1.
Places or worship or assembly.
2.
Transit facilities (without repair and storage).
City ofFon Collins
Land Use Code Article 4, Page 117 Proposed July, 1997 Changes
ATTACHMENT TO WRITTEN JUSTIFICATION
3036 West Prospect Road
Written Justification of Rezoning Request
3036 West Prospect Road
Page 3
effect on the surrounding areas due to its location near a Neighborhood Commercial District with
a variety of existing commercial uses. See attached listing ofpermitted uses.
The proposed zoning amendment on the subject property from R-L to C-L will result in no
significant adverse effects on the natural environment, as this is an existing residential area with
existing commercial businesses in the direct vicinity. The subject property is located at the busy
West Prospect Road and South Overland Trail intersection, and therefore a change in use to C-L
district will have no adverse effect on the water, air, noise, stormwater management, wildlife,
vegetation, wetlands, or natural functioning of the environment.
Rezoning of the subject property, located at 3036 West Prospect Road, from its current R-L
status to C-L is justified by the changes taking place in the surrounding vicinity, as well as the
inherent consistency and compatibility with the stated City Plan. Therefore, the applicants and
owners urge the Planning and Zoning Board to recommend rezoning of the subject property to a
C-L status.
DATED this day of March, 1998.
WICK CAMPBELL BRAMER
UKASICK & TRAUTWEIN, LLC
B
J ie Klaus, #2763
323 S. College Ave., #3
Fort Collins, CO 80522
(970)482-4011
�ne herein:
A. Eichman 4SherryEij
,r
Written Justification of Rezoning Request
3036 West Prospect Road
Page 2
and service uses" to provide "goods and services necessary to sustain the neighborhood."
Change of the subject property from R-L to C-L classification will also help promote the goals of
reducing dependence on driving by placing preferred pedestrian destinations such as
neighborhood and convenience shopping within favorable walking distance. See City Structure
Plan at page 78; Policy LAM--2.5; Policy CD-3.3.
The City Plan Principles and Policies emphasizes that:
Strategies will be explored to seed initial development in specified
locations, and to provide the special features that offset the impacts
associated with increased densities. Principle GM-7.
The subject property is located at the intersection of West Prospect Road and South Overland
Trial, where there is already a Neighborhood Commercial Center in existence. The placement of
this Center evidences a strategic decision to promote development in the immediate vicinity of
the subject property, and would be well -served by a change in the zoning of the subject property,
so as to encourage cohesion in the development of such commercial centers. Principle GM-7.1.
A change in zoning on the subject property from R-L to C-L would likely require an amendment
to the Structure Plan, as the subject property is currently in an R-L district, rather than a low
density mixed use or medium density mixed use district where such Neighborhood Commercial
Centers are located under the current Structure Plan. However, this change would only constitute
a technical expansion of the currently existing Neighborhood Commercial Center, rather than a
new location of such a Center or introduction of commercial entities into a residential area where
none yet exist.
A change in zoning of the subject property from R-L to C-L will advance the City Plan's stated
policies of encouragement of walkable, liveable, and varied neighborhood development. As
stated above, the subject property is at the intersection where a Neighborhood Commercial
Center has been situated, and under the changed zoning, would become a "core" part of the
surrounding neighborhood. Policy AN-L 1. Furthermore, the main streets of West Prospect Road
and South Overland Trail converge upon the subject property, making it the logical choice for
neighborhood retail development. Policy AN-1.2. The location of a C-L zoning district on the
subject property ties the Neighborhood Commercial Center already in existence into a cohesive
unit located at the West Prospect Road and South Overland Trail intersection, rather than
expanding further into existing or planned residential developments. Policy AN-3.1.
Furthermore, the West Prospect Road and South Overland Trail Neighborhood Commercial
Center does not currently have many of the uses encouraged at such locations, which could
conveniently be located on the subject property. Policy LMN-2.2.
The Limited Commercial District (C-L) classification is appropriate for the subject property, as
this type of district will allow the use of the subject property for a variety of community and
commercial uses, is compatible with the uses already being utilized nearby, and will have limited
Written Justification of Rezoning Request
Applicant on behalf of Owners: Wick Campbell Bramer Ukasick & Trautwein, LLC
- Main Contacts: Julie Klaus / Blair J. Trautwein
323 South College Ave., #3
Fort Collins, CO 80522
(970) 482-4011
(970) 482-8929 (fax)
Petitioners/Owners: John A. Eichman
Sherry L. Eichman
3036 West Prospect Road
Fort Collins, CO 80526
(970) 223-8400
Address of Subject Property: 3036 West Prospect Road
Fort Collins, CO 80526
The subject property comprises .5" acres, and is currently zoned as a Low -Density Residential
District (R-L). The subject property is bordered on the south by a Medium -Density Mixed Use
District (M-M-N) and an existing Neighborhood Commercial Center (N-C), including a 7-Eleven
convenience store, a gasoline station, a commercial storage facility, and a car wash.
Conditions in the surrounding neighborhood are changing, as there is a large residential
development under construction directly west of the subject property. This development is a
Current Development Project: The Ponds at Overland Trial, 2°d Filing. Although it may be
argued that there has been little change in that property from the date of rezoning, the change in
the overall nature of the community once construction commences will be directly evident on all
surrounding property, including the subject property.
The petitioners desire rezoning of the subject property from its current R-L classification to a
Limited Commercial District (C-L). The reason for this proposed change is two -fold. First, the
Owners desire this change in zoning initially to accommodate a need for additional truck storage
at the convenient corner location of the subject property. This use would comport with the terms
of the Land Use Code, in that transportation terminals for truck or container storage are permitted
uses in C-L districts. See Land Use Code, Article 4, Division 4.20(B)(1)(d)(2). Furthermore,
given the corner location of the subject property, existing residential uses would not be
encroached upon.
Secondly, the owners recognize that expanding residential development in the area will give rise
to a demand for additional community service areas, including retail, civic or public uses, and
desire the opportunity to utilize the subject property for those mutually beneficial uses. Such
retail and other uses are also permitted uses in C-L districts. See Land Use Code, Article 4,
Division 4.20(B)(1)(c). These use are compatible with the Fort Collins Community Vision and
Goals with respect to the promotion of a bicycle -and -pedestrian -friendly "mix of retail, office
}
CITY OF FORT COLLINS
REZONING PETITION (Revised)
Petitioner.
Name Address
Wick Campbell Biamer Ukasick & Trautwein, LLC
Julie Klaus / Blair J. Trautwein
323 South College Avenue, #3, Fort Collins, CO 80522
- on behalf of owners John A. Eichman and Sherry L. Eichman
Owner.
Name Address
John A. Eichman, 3036 west Prospect Road, Fort Collins, CO 80526
Sherry L. Eichman, 3036 West Prospect Road, Fort. Collins, C0- 80526
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 .5 acres,
more or less, from R-L zoning district to C=L zoning district:
Lot 11, Von Vihl Heights, Fort Collins, Colorado'
(Legal description)
WICK CAMPBELL BRAMER UKASICK & TRAUTWEIN , LLC
ATTORNEYS AT LAW
JAMES D. BRAMER'
KENT N. CAMPBELL
JULIE A. KLAUS
KATHRYN S. LONOWSKI
ROBERT J. PENNY*
KIMBERLY B. SCHUTT
BLAIR J. TRAUTWEIN"
TROY A. UKASICK•
ROBIN L. WICK
*ALSO ADMITTED IN WYOMING
Mike Ludwig
Current Planning
City of Fort Collins
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522-0580
43 CLOCK TOWER SQUARE
323 SOUTH COLLEGE AVENUE
P.O. BOX 2166
FORT COLLINS, COLORADO 80522
(970) 482-4011
FAX (970) 482-8929
May 13, 1998
Re: Lot 11, Von Vihl Heights Rezoning
Current Planning File #18-98
Dear Mr. Ludwig:
Brmch Offices
2312 CAREY AVENUE
CHEYENNE, WYOMING 82001
(307) 632-0323
1295 MAIN STREET
THE SHOPS AT WESTWOOD
BUILDING ONE SUITE
WINDSOR, COLORADO 80550
(970) 686-6005
Enclosed is a revised zoning petition referencing Lot 11, Von Vihl Heights, to correspond
with the intended rezoning of the property located at 3036 West Prospect, Fort Collins. We were
evidently given the wrong lot number, and assume that this revision will remedy the error.
Please advise as to whether we may work further with staff to resolve any perceived
difficulties regarding the rezoning of the subject property. We understand that the staff currently
plans to deny the rezoning request.
Thank you for your assistance regarding these matters.
Very truly yours,
WICK CAMPBELL BRAMER
UKASICK & TRAUTWEIN, LLC
ulie Klau
JK
cc: John and Sherry Eichman