HomeMy WebLinkAboutVON VIHL HEIGHTS REZONING - 18-98 - CORRESPONDENCE -This completes the review comments at this time. The Lot 11, Von Vihl rezoning ,
request is scheduled for the June 4, 1998 Planning and Zoning Board Hearing. Staff
will recommend denial of the applicant's request for C-L, Limited Commercial Zoning.
Please contact me at 221-6206 if you have any questions or concerns related to these
comments.
Sincerely,
A 41-
Michael Ludwig, AICP
City Planner
xc: Current Planning File #18-98
stormwater management, wildlife, vegetation, wetlands and
the natural functioning environment;
C. whether and the extent to which the proposed amendment
would result in a logical and orderly development pattern."
Staff Response to Section 2.8.4[H][3][a]:
Section 4.20[A] of the Land Use Code states that 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 the surrounding
residential areas, provided that such areas have been given this
designation in accordance with an adopted subarea plan.
The property is not a part of any post City Plan adoption subarea planning
efforts. Therefore, Staff recommends that C-L , Limited Commercial
District zoning cannot be assigned to the property.
The property is separated from the nearest existing commercial district by
an arterial street. Single-family residential uses are directly adjacent to
the property. The C-L District allows a broad range of commercial uses
that may be incompatible with the existing single-family residential uses
that are directly adjacent to Lot 11.
Staff recbmmends that.C-L, Limited Commercial is inappropriate zoning
for the property.
Staff Response To Section 2.8.4[H][3][bj:
The site is already developed. Staff is not aware of any specific situations
where the requested re -zoning would result in significantly adverse
impacts on the natural environment, including but not limited to, water, air,
noise, stormwater management, wildlife, vegetation, wetlands and the
natural functioning environment. Any natural environment issues
generated by the proposed redevelopment of the property would be
addressed by the General Development Criteria (Article 3) of the Land
Use Code.
Staff Response To Section 2.8.4[H][3][c]: .
The property is directly adjacent to existing residential uses. The nearest
commercial district is separated from the subject property by an arterial
street. The requested zoning is inconsistent with the Structure Plan and
Comprehensive Plan. Therefore, Staff recommends that the requested
zoning will encourage an illogical and disorderly development pattern.
r
Staff Response to Section 2.8.4[H][2][a]:
The requested zoning is inconsistent with the existing Structure Plan as
the subject property is designated as a low -density mixed use
neighborhood. Therefore, the request for C-L zoning is inconsistent with
the City's Comprehensive Plan.
The closest Neighborhood Commercial Center designated on the
Structure Plan exists at the southeast comer of the W. Prospect /
Overland Trail intersection. Staff interprets the Structure Plan literally in
existing developed areas when boundaries of districts follow easily
identifiable features such as streets.
In this particular instance, the Neighborhood Commercial Center is clearly
limited to the southeast quadrant of the W. Prospect / Overland Trail
intersection.
Staff will not support a request to amend the Structure Plan to expand the
Neighborhood Commercial Center designation to the northeast comer of
the intersection.
Staff Response to Section 2.8.4jH1[21[b1:
In the Written Justification of Rezoning Request, the applicant states that
conditions in the neighborhood are changing with the development of the
Ponds at Overland Trail, 2nd Filing. Staff is unable to support the
applicant's justification that the rezoning is "warranted by changed
conditions within the neighborhood surrounding and including the subject
property." The Ponds at Overland Trail was approved in November of
1995. Therefore, the Ponds at Overland Trail was considered when the
Structure Plan was developed and adopted in 1997. The area is
developing in a manner that is consistent with the existing Structure Plan.
C. Section 2.8.4[H][3] outlines additional considerations for quasi-judicial
rezonings. The section states:
"In determining whether to recommend approval of any such
proposed amendment, the Planning and Zoning Board and City
Council may consider the following additional factors:
a. 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;
b. 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, air, noise,
Commui, f Planning and Environmental vices
Current Planning
City of Fort Collins
May 6, 1998
Julie Klaus
Wick Campbell Bramer.Ukasick & Trautwein, LLC
329 South College Ave., #3
Fort Collins, CO 80522
RE: Lot 11, Von Vihl Heights Rezoning
Dear Ms. Klaus,
Staff has reviewed the Rezoning Petition and Written Justification of Rezoning Request,
which were submitted on March 27, 1998 and offers the following comments:
1. The Light and Power Utility stated that the electric system serving this lot is
designed for residential electric loads. Development charges, including costs to
modify the existing system, will apply to any service(s) exceeding the existing'
electric capacity.
_..._ 2. The Advance Planning, Current Planning, and Zoning departments offer the
following comments:
a. It appears that the legal description is incorrect on the Rezoning Petition.
3036 W. Prospect Road is Lot 11 of the Von Vihl Subdivision, not Lot 10.
Please submit a revised zoning petition referencing Lot 11 no later than 5
P.M. on May 18, 1998.
b. Section 2.8.4[H][2] of the Land Use Code outlines mandatory
requirements for quasi-judicial rezonings. The section states:
"Any amendment to the Zoning Map involving the zoning or
rezoning of six hundred forty (640) acres of land or less shall be
recommended for approval by the Planning and Zoning Board or
approved by the City Council only if the proposed amendment is:
(a) consistent with the City's Comprehensive Plan; and/or
(b) warranted by changed conditions within the neighborhood
surrounding and including the subject property."
281 North College Avenue • PO -Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020