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Home My WebLink AboutOVERLAND TRAIL 3RD ANNEXATION & ZONING (ENCLAVE) - 16-97 - CORRESPONDENCE - RESPONSE TO APPLICANTOPTION 5: AMEND THE CITY STRUCTURE PLAN, REQUEST THE NC ZONE AND REQUEST THE ADDITION OF A PERMITTED USE TO THE NC ZONE DISTRICT The property owner may request that convenience stores without the separation requirement be added to the list of permitted uses for the NC zone district. Such an addition of a permitted use must comply with Section 1.3.4 of the Land Use Code, as stated above in Option 3. In addition, a request to zone the property to the NC zone district would require an amendment to the City Structure Plan. �1 5. Does the presence of the convenience store require the multi -family element be considered mixed use housing, and therefore kick the whole project into type 2 review. This would not be the case unless the entire project was located on the same lot. OPTION 3: ADDITION OF A PERMITTED USE TO THE MMN ZONE DISTRICT The property owner may request that convenience stores without the separation requirement be added to the list of permitted uses for the MMN zone district. Such an addition of a permitted use must comply with Section 1.3.4 of the Land Use Code, and must conform to the following conditions: 1. Such use is appropriate to the zone district to which it is added; 2. Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added; 3. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi -public facilities, utilities or services, adverse effect on public health, safety, morals, or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added; 4. Such use is compatible with the other listed permitted uses in the zone district to which it is added; 5. Such use is not specifically listed by name as a prohibited use in the zone district to which it is added. Any additions of permitted uses in any zone district must be passed by ordinance by the City Council. OPTION 4: AMEND THE CITY STRUCTURE PLAN AND REQUEST TO ZONE THE PROPERTY NC -NEIGHBORHOOD CENTER The property owner has stated that the NC zone district is better suited for the property as it allows for various office and commercial uses He could request that the Council zone the property NC, however, staff does not recommend such zoning as it is inconsistent with the City Structure Plan, and, thus, would require an amendment to the City Structure Plan. In the NC zone district, the 3/4 mile separation requirement between convenience stores is applicable .as well, and, therefore, even if this property were zoned NC, the proposed convenience store would not be a permitted use until such time that the existing 7-11 cease opera- tions. 4 OPTION 1: T-TRANSITION ZONE DISTRICT The property owner may again request the T-Transition zone district of Council in December. If the property is zoned T, the only uses that are permitted are those in existence the effective date of the zoning. In addition, he cannot submit for a development review until such time that the property is rezoned. A rezoning must be approved by the City Council prior to the submittal of a project develop- ment plan. OPTION 2: MMN-MEDIUM DENSITY MIXED -USE NEIGHBORHOOD ZONE DISTRICT The property owner may request the MMN zone district. Staff has consistently recommended the MMN zone district, consistent with what is indicated on the City Structure Plan. One of the issues associated with this zone is the 3/a mile separation requirement for convenience store land uses. The property owner has stated his intentions to develop a convenience store on the property, how- ever, under the Land Use Code the separation requirement prohibits such a use in the MMN zone district. A number of questions related to this issue have arisen: 1. Can the Planning and Zoning Board modify the separation require- ment, with conditions? No, the separation requirement is defined in the list of permitted uses, and is not a development standard. The Planning and Zon- ing Board may only grant modifications to development standards. 2. Would staff recommend a modification that would allow the new con- venience store? How about with the condition that the other existing convenience store cease operations within five years? No. The City would have no authority to ensure that the existing 7- 11 ceases operations within the next five (5) years. Furthermore, staff would not support such a modification request as it is contra- dictory to the purposes and intent of the Land Use Code. 3. Can staff accept and review an application for this project since the proposed use is inconsistent with the Land Use Code provisions? The property owner can submit an application, however, as it would include uses that are not permitted and are inconsistent with the Land Use Code, staff would not support the proposal. 4. Can the property owner do a project development plan (PDP) for the entire site, but have final approval of that portion that has the conven- ience store conditioned on the existing convenience store ceasing op- eration? He can request such a condition from the Planning and Zoning Board, however, staff would not support such a condition. 3 These options are covered in more detail in the attached pages. If you have any questions or concerns, please do not hesitate to ask. Sincerely, 4e'z��r Leanne A. Harter, AICP City Planner xc: Ramsey Myatt, March & Myatt John F. Fischbach, City Manager Steve Roy, City Attorney Paul Eckman, Deputy City Attorney Greg Byrne, CPES Director Bob Blanchard, Director of Current Planning Ken Waido, Chief Planner Tom Vosburg, Policy Analyst Kim Kreimeyer, Planning Technician 2 Commu _y Planning and Environmental rvices Current Planning City of Fort Collins November 6, 1997 Mr. Rex Miller 3833 Spruce Drive Fort Collins, Colorado 80526 Dear Rex: Below is a list of several options that could be undertaken regarding the pro- posed zoning of the property located at the southwest comer of Overland Trail and Prospect Road. The options listed below assume a desire to develop a con- venience store with fuel sales on the front portion of the property and some other use (possibly multi -family) on the rear. The options include the following: • request to zone the property T-Transition and then rezone to another district at such time that all proposed uses are permitted in the MMN- Medium Density Mixed Use Neighborhood zoning district consistent with the City Structure Plan; • request to zone the property MMN-Medium Density Mixed -Use Neigh- borhood and submit a project development plan at such time that the proposed convenience store is a permitted use (i.e., the existing 7-11 ceases operations); • request to add convenience stores without a separation requirement to the list of permitted uses for the MMN zone district; • request an amendment to the City Structure Plan and zone the prop- erty NC -Neighborhood Center zone district, however, the 3/4 mile sepa- ration requirement is still applicable; and • request an amendment to the City Structure Plan, zone the property NC -Neighborhood Center and add convenience stores without a sepa- ration requirement to the list of permitted uses for the particular zone district. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020