HomeMy WebLinkAboutVON VIHL HEIGHTS REZONING - 18-98 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSArticle 4, Districts
i
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 of Fort 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.
(3) 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.
City of Fort Collins
Land Use Code Article 4, Page 120 Proposed July, 1997 Changes
Article 4, Districts
City of Fort Collins
Land Use Code
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.
Article 4, Page 119
Proposed July, 1997 Changes
Article 4, Districts
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.
City of Fort Collins
Land Use Code Article 4, Page 118 Proposed July, 1997 Changes
Article 4, Districts
DIVISION 4.20 LIMITED COMMERCIAL DISTRICT (C-L)
City ofFori Collins
Land Use Code
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.
3.
Two-family dwellings.
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).
Article 4, Page 117
Proposed July, 1997 Changes
ATTACHMENT TO WRITTEN JUSTIFICATION
306 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 of permitted 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
Mie Klaus, #2763J(
323 S. College Ave., #3
Fort Collins, CO 80522
(970)482-4011
dne herein: <
A. Eichman Sherry L. E
;r Owner
M
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 LM7V-2. S; 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-1.1. 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 LA"-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
Reason for Request: (Please attach additional sheets if- more space is needed.)
Please see Petitioners' "Written Justification of Rezoning Reauest" form.
The Petitioners desire this change in rezoning of the subject property for
purposes of commercial and retail development. As there has been a
significant change in the surrounding neighborhood with respect to additional
residential development, the Petitioners believe that there exists, or soon
will exist, the need for retail,. civil, or public uses in the subject area to
accomodate a'growing population. The proposed change will be compatible
with existing surrounding uses, and will enhance the neighborhood by
providing additional facilities.
Please attach listing of names and addresses of all persons owning land (as per
Latimer County Assessor's office on date of request) within 500 feet of any
portion of. the area under petition for rezoning.
(Attached previously) . Respectfully submitted,
State of Colorado)
) ss.
County of Larimer)
The forgoing instrument was .acknowledged before me this )_ day of
May , 19 98
BYr34' e_ 66_5 for the purpose therein set forth.
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My commission expires q-�C1-�IGI-40*.ZFyAR
UBLICNotary Public
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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.
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CITY OF FORT COLLINS
REZONING PETITION (Revised)
Petitioner.
Name Address
Wick Campbell Bramer 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, CO 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)
THE PONDS AT
OVERLAND TRAIL OVERLAND
2ND FILING PARK
THE PONDS AT RL
OVERLAND TRAIL
RL
W. LAKE STREET
PROSPECT IOAD
U
PUMP 7-11
IT
VACANT
MMN NCILLE
VICINITY MAP 04/08/98
#18-98 Von Vihl Heights, LOT 11
Current Zoning: RL
Requested Zoninq: CL 1••-300•
No Text
Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98
June 4, 1998 P&Z Meeting
Page 6
Staff Response To Section 2.8.4[H][3][b]:
The site is already developed. Staff is not aware of any specific situations where the
requested re -zoning would result in significant 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.
FINDINGS OF FACT/CONCLUSION:
The Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98 is inconsistent with the
City Plan Principles and Policies and with the Structure Plan and is therefore
inconsistent with the City's Comprehensive Plan.
2. The Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98 is not a part of any post
City Plan adoption subarea planning efforts.
3. The Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98 fails to demonstrate that
the rezoning is warranted by changed conditions within the neighborhood
surrounding and including the subject property.
4. The Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98 is incompatible with
existing and proposed uses surrounding the subject land, and is not the appropriate
zone district for the land.
5. The Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98 does not 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.
6. The Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98 will result in an illogical
and disorderly development pattern.
RECOMMENDATION:
Staff recommends denial of the Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98.
Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98
June 4, 1998 P&Z Meeting
Page 5
4. Land Use Code Section 2.8.41H1f31:
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, 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[14][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 recommends that C-L, Limited Commercial is inappropriate zoning for the property.
Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98
June 4, 1998 P&Z Meeting
Page 4
Policy EXN-1.5: Introduction of Neighborhood -Related, Non -Residential
Development. New services, conveniences, and/or
gathering places will be supported in an existing
neighborhood that lacks such facilities, provided they
meet performance and architectural standards respecting
the neighborhood's positive characteristics, level of
activity, and parking and traffic conditions.
Please see discussion below regarding the Structure Plan.
Structure Plan
The requested zoning is inconsistent with the existing Structure Plan as the subject
property is designated as a low -density mixed use neighborhood.
The closest Neighborhood Commercial Center designated on the Structure Plan exists at
the southeast corner of the W. Prospect Road / 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 Road / Overland Trail intersection.
Staff does not support a request to amend the Structure Plan to expand the Neighborhood
Commercial Center designation to the northeast corner of the intersection.
Staff Response to Section 2.8.4[H][2][b]:
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.
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." While there is significant construction activity in the immediate area related to
the Ponds at Overland Trail, this project 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.
Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98
June 4, 1998 P&Z Meeting
Page 3
Staff Response to Section 2.8.4[H][2][a]:
City Plan Principles and Policies
The Written Justification of Rezoning Request submitted by the applicant cites numerous
City Plan Principles and Policies in support of the request for rezoning (see attachments).
However, Staff disputes the applicability of each of the City Plan Principles and Policies
referenced by the applicant as they relate to new residential neighborhoods (Von Vihl
Heights Subdivision is clearly an existing residential neighborhood); relate to growth
management policies directed at the Community Commercial, Downtown, and Medium
Density Mixed Use Neighborhoods (not the Commercial District); and relate to linkages to
Commercial Districts (the property is separated from the existing Commercial District to the
south by an arterial street).
Staff offers the following City Plan Principles and Policies in support of its recommendation
to deny the applicant's rezoning request:
Principle LU-3: The City Structure Plan will be used to provide a
geographic depiction of how these City Plan Principles
and Policies are applied through the City.
Please see discussion below regarding the Structure Plan.
Principle LU-4: More specific subarea planning efforts will follow the
adoption of these City Plan Principles and Policies which
tailor the City Plan's city-wide perspective to individual
neighborhoods, districts, corridors, and edges.
Section 4.20[A] of the Land Use Code states that the C-L,
Limited Commercial District is intended for areas ".......provided
that such areas have been given this designation in
accordance with an adopted subarea plan." Policy LU-4.5
prioritizes future subarea planning. The Foothills Subarea is
the only area that may potentially include the subject property.
However, the foothills area has historically been defined as
west of Overland Trail. No specific time frames are currently
available for the Foothills Subarea Plan. Staff recommends
that is inappropriate to rezone the property to the C-L District
in the absence of a completed subarea plan.
Lot 11, Von Vihl Heights Subdivision Rezoning, #18-98
June 4, 1998 P&Z Meeting
Page 2
COMMENTS
Background:
The surrounding zoning and land uses are as follows:
N: R-L; existing single-family residential (Von Vihl Heights Subdivision).
S: N-C; arterial street (Prospect Road), existing gas station, existing convenience
store (7-Eleven), existing storage units.
MMN; existing single and multi -family residential.
E: R-L; existing single-family residential (Von Vihl Heights Subdivision).
W: R-L; existing arterial street (Overland Trail), approved single-family residential
(Ponds at Overland Trail).
MMN; undeveloped (Rex Miller property), existing multi -family residential.
The subject property was subdivided in Larimer County as part of the Von Vihl Heights
Subdivision on August 12, 1959.
The subject property was annexed into the City of Fort Collins as part of the Overland Trail
Annexation on October 15, 1970.
2. Petition for Rezoning:
The applicant, Julie Klaus / Blair J. Trautwein, on behalf of the owners, John and Sherry
Eichman, filed a rezoning petition with the City Clerk on March 27, 1998.
The applicant requests to rezone approximately 0.5 acres located at 3036 W. Prospect
Road (Lot 11, Von Vihl Heights Subdivision) from the R-L, Low Density Residential District
to the C-L, Limited Commercial District.
3. Land Use Code Section 2.8.4[Hl[21:
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."
ITEM NO. 7
MEETING DATE 6 4 98
6a
STAFF Mike Ludwig
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Lot 11, Von Vihl Heights Rezoning, #18-98.
APPLICANT: Julie Klaus / Blair J. Trautwein
Wick Campbell Bramer Ukasick & Trautwein, LLC
323 South College Ave., #3
Fort Collins, CO 80522
OWNER: John and Sherry Eichman ` I
3036 W. Prospect Road W I 1-r1u �UAN N
Fort Collins, CO 80526 5�2(p�ga
PROJECT DESCRIPTION: wr�;�^-�•
This is a request to rezone approximately 0.5 acres located at 3036 W. Prospect Road
(Lot 11, Von Vihl Heights Subdivision) from the R-L, Low Density Residential District to the
C-L, Limited Commercial District.
RECOMMENDATION:
Staff recommends denial of the rezoning request.
EXECUTIVE SUMMARY:
This request for rezoning:
• is inconsistent with the City Plan Principles and Policies and with the Structure Plan
and is therefore inconsistent with the City's Comprehensive Plan;
• is not a part of any post City Plan adoption subarea planning efforts;
• fails to demonstrate that the rezoning is warranted by changed conditions within the
neighborhood surrounding and including the subject property;
• is incompatible with existing and proposed uses surrounding the subject land, and
is not the appropriate zone district for the land;
• does not 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; and
• will result in an illogical and disorderly development pattern.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750
PLANNING DEPARTMENT