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HomeMy WebLinkAboutLEMAY AVENUE 3RD ANNEXATION & ZONING - 34-97 - DECISION - MINUTES/NOTES (3)Planning and Zoning Board Meeting of October 15, 1998 Page 5 Moved by Mr. Gavaldon, seconded by Ms. Craig: To annex the property zoned LMN upon staff's recommendation of the appropriateness of the zoning code considering the bypass and residential area to the north. Discussion followed that the LMN zone is inclusive zoning for property to be economically lucrative and will be an appropriate buffer for the neighborhood areas. Vote: Gavaldon, yes; Davidson, no; Craig, yes; Colton, yes; Carpenter, yes. Motion passed. Project: Recommendation to City Council Regarding the Fall 1998 Land Use Code Maintenance Ordinance, #55-95Q Project Description: Request for the Board to make a recommendation to City Council regarding revisions to the Land Use Code that have been identified for inclusion in the proposed Fall 1998 Land Use Code Maintenance Ordinance. Staff Recommendation: Staff recommends the Board recommend to Council that the proposed Land Use Code Revisions be adopted as proposed. Tom Vosburg, Community Planning and Environmental services, explained to the Board that revisions in the Fall 1998 Land Use Code Maintenance Ordinance were broken down into (a) discussion issues and (b) consent items. Consent items would be minor technical refinements and a clarification of the application of the Code. Discussion items are those raised by City boards and/or commissions as to possible changes identified throughout the year, representing significant new standards or a change in the intent and affect to requirements or a change in permitted uses identified in Land Use Code. Listed for discussion are (1) buffer zones and (2) parking stall dimension proposal. Buffer zones: Concerns have been expressed by the Natural Resources Board and the Planning and Zoning Board about the existing natural areas along the river. The proposed revisions provide clearer definition of buffer zones by including a table relating to buffer distances. Most of the ranges on the table are from 100 feet to 300 feet, although some are greater and some are lesser. Mr. Davidson questioned the south bank of the Poudre from Lincoln Avenue to College and the area between Linden Avenue and Lincoln. The area is the location of Ranchway Feeds and is currently zoned RDR, Downtown River Redevelopment, and is exempted from the Code requirements for buffer zones. As this area is presently being used, there is not the opportunity to provide for a natural area buffer. Staff explained that RDR has different river bank requirements and contains specific recommendations for river development with customized standards, recognizing that Planning and Zoning Board Meeting of October 15, 1998 Page 4 proposal is a general guideline with fluid boundaries. If boundaries flow along a natural element, the zoning proposal would be interpreted literally. The principles and policies of the City Plan find that there are not significant changes to warrant an amendment on this piece of property. Staff interpreted the LMN zoning to be appropriate when following the Lemay bypass alignment rather than considering it as an extension of Buckingham. The owner of the property in his presentation questioned the surrounding industrial zonings. He informed the Board that the issue of annexation and rezoning had been ongoing since January with an original letter from the City notifying him of annexation of enclaves, including the proposed zoning to be industrial. The owner also stated he has a pending contract for the sale of the property as industrially zoned. He was of the opinion that the zoning should remain industrial, which is how he purchased the property. His position was he felt there was a definite separateness of the area regarding the residential by Buckingham Street. The city property located to the north and to the west of this parcel is currently zoned industrial, together with the property on the east side of the proposed bypass. The owner informed the Board that there was a twenty -foot parcel of land directly to the north of his property which further separates the property from residential. Staff informed the Board when questioned that this parcel is zoned RL, is not owned by the City, and is not an easement for widening the street. The easement is located north of this twenty -foot intervening parcel. The property owner was informed that monetary gains and losses on a piece of property were not criteria considered at this level. The Board asked the City Attorney to address the issue of liability of zoning issues in the City Plan and was informed there was no liability for a change in zoning, when such zoning proposal is for the good of the municipality. The zoning is recommended to be LMN: low density, mixed use. The existing zoning under the County plan is industrial. Staff recommended annexation as LMN zoning due to the residential area north of the property as an extension of Buckingham. The anticipated alignment of a bypass will take part of the property. Staff agreed with LMN zoning due to proximity with Andersonville. Mr. Blanchard agreed that the parcel was originally proposed to be annexed industrial. After consideration of the Lemay bypass, the zoning was changed to LMN. This change in zoning proposal from industrial to LMN was made in-house following discussion at management level after recognizing the non -consideration of the bypass. The property was presented at a work session as proposing industrial zoning. Following the work session and at management level after discussions with staff, the zoning was changed to LMN. Planning and Zoning Board Meeting of October 15, 1998 Page 3 interior lot and is not owned by the project. The north boundary consists of a chain link fence. Mr. Davidson questioned the compliance of the carport and storage lot. Staff reiterated that the project meets or exceeds present Code requirements even though the review process was bypassed. Paving is not required in interior lots. Chairperson Colton requested input from the authors of the letter addressing the concern for the project. They were not present and no public input was given. Moved by Mr. Gavaldon, seconded by Mr. Davidson: To approve item No. 2, No. 50-91C, commonly known as the Evergreen Park Toy Shed Storage project development plan. The Board gave their appreciation to the staff for the good verbal and visual presentation. Motion approved unanimously. Project: Lemay Avenue 3rd Annexation & Zoning, #34-97 Project Description: Request for involuntary annexation and zoning of an enclave area approximately 1.7 acres in size. Located on the east side of North Lemay Avenue, between East Lincoln Avenue and East Vine Drive. The proposed zoning for the property is LMN, Low Density Mixed -Use Neighborhood. Staff Recommendation: Staff recommends approval of the annexation and zoning as LMN, Low Density Mixed -Use Neighborhood. Hearing Testimony, Written Comments and Other Evidence: This is an involuntary annexation of an enclave area consisting of approximately two acres on the east side of North Lemay Avenue between East Lincoln and East Vine. The site is commonly known as the area where the Lemay bypass will take an easterly direction. The zoning proposed is LMN: low density, mixed neighborhood. The property is currently vacant. The existing zoning under the County is industrial. Staff explained that after an enclave has been formed and is completely surrounded by City property for three years, the City has the right to annex the property. Mr. Gavaldon pointed out that the bypass will cut into a corner of the property. Staff explained the zoning next to the proposed bypass is appropriate due to the proximity to Andersonville and the future alignment with Lemay. Mr. Colton questioned the Structure Plan and boundary along the extension of Buckingham and was advised the zoning is industrial. Staff explained the zoning CITY OF FORT COLLINS PLANNING AND ZONING BOARD Meeting Minutes October 15, 1998 Council Liaison: Scott Mason Staff Liaison: Bob Blanchard Chairperson: Glen Colton Phone: (H) 225-2760 Vice Chair: Sally Craig Phone: (H) 484-9417 The meeting was called to order at 6:30 p.m. by Chairperson Colton. Present: Vice -chair Glen Colton, Bob Davidson, Jennifer Carpenter, Sally Craig, and Jerry Gavaldon. Not present: Karen Weitkunat. Staff Present: Blanchard, Eckman, Ludwig, Blandford, Schlueter, Gordon, Shoemaker, Mapes, Vosburg, Barnes and Deines. Agenda Review: Director of Current Planning Bob Blanchard reviewed the Consent and Discussion Agendas: 1. Minutes of the August 20, September 3, and September 17 (Continued), 1998 Planning and Zoning Board Hearings. 2. #50-91C Evergreen Park, Lots 4 & 5, The Toy Shed Storage - Project Development Plan. 3. 113 Hickory Street - Project Development Plan 4. Modifications of Conditions of Final Approval 5. Resolution PZ98-19 Easement Vacation 6. Resolution PZ98-20 Easement Vacation 7. Resolution PZ98-21 Easement Vacation 8. Resolution PZ98-22 Easement Vacation 9. Resolution PZ98-23 Easement Vacation 10. Resolution PZ98-24 Easement Vacation 11. Resolution PZ98-25 Easement Vacation 12. Resolution PZ98-26 Easement Vacation Discussion: 13. #34-97 Lemay Avenue 3rd Annexation & Zoning 14. #55-95Q Recommendation to City Council Regarding the Fall 1998 Land Use Code Maintenance Ordinance. Mr. Gavaldon requested that item No. 2, the Toy Shed, be pulled for discussion. Moved by Mr. Gavaldon, seconded by Ms. Craig: To approve items 1-12, excluding the 9/17/98 minutes, and item No. 2, Toy Shed, which would be pulled from the motion. Motion passed unanimously.