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Home My WebLink AboutBELLA VISTA - PDP - 45-01A - CORRESPONDENCE - RESPONSE TO CITIZEN (13)a From: Ken Waido To: Cameron Gloss Date: 10/8/02 9:26AM Subject: Re: Fwd: Zoning of Cove Island Townhouses I guess that area could be zoned RL if they want to live with what I guess is referred to as "limited permitted uses" according to the LUC. Which is just a fancy way around saying they are "non -conforming" but they are not non -conforming. >>> Cameron Gloss 10/08/02 08:51AM >>> Ken: Help me, please! with a response to Mr. Kitze. I'm getting a little worn out on this whole thing thanks. owr ses From: Tom and Sally Kitze <paulkitze@yahoo.com> To: Cameron Gloss <cgloss@fcgov.com> Date: 10/8/02 8:49AM Subject: Zoning of Cove Island Townhouses Cameron, thanks for the quick response. I'm still a little confused by some of the wording in the code, especially Division 4.3. The (A)Purpose states that RL designation is intended for predominately single-family residential areas existing at the time of adoption of the LUC. Article 4.3(B)(1)(c&d) appear to allow uses other than low density single family. What uses do (c) and (d) allow? Maybe you or Ken Waido can tell me why Cove Island townhouses don't qualify for RL designation and the Jamestown townhouse group on the other side of the Warren Shores subdivision does qualify. Zoning us (Cove Island) as LMN to "be clustered around and integral with a Medium Density Mixed -Use Neighborhood" to the north of Horsetooth Road is inappropriate. Where is the neighborhood center without crossing an arterial street as specified in 4.4(D.)(3)(a)? It appears to me that under the new LUC only new development is to be zoned LMN, with existing predominately single family neighborhoods going into the RL designation. What was the motivation for splitting off Cove Island and zoning it MMN in 1997? 1 can only assume that it was to make a developable infill site (the present Bella Vista project site) easier to get through the development process. I look forward to your response. Tom Do you Yahoo!? Faith Hill - Exclusive Performances, Videos & More http://faith.yahoo.com CC: John Fischbach <jischbach@fcgov.com> Steve Olt -. wd: Zoning of Cove Island vnhouses Page 1 From: Cameron Gloss To: Steve Olt Date: 10/11/02 9:18AM Subject: Fwd: Zoning of Cove Island Townhouses Steve: In my absence, please draft a response to Mr. Kitze on this latest e-mail. I'll forward a response I got from Ken Waido--you may want to followup if his message is unclear. Thanks, C Steve Olt - Re. Zoning of Cove Island T ihouses Page 2 Steve >>> Tom and Sally Kitze <paulkitze(a.vahoo.com> 10/08/02 08:49AM >>> Cameron, thanks for the quick response. I'm still a little confused by some of the wording in the code, especially Division 4.3. The (A)Purpose states that RL designation is intended for predominately single-family residential areas existing at the time of adoption of the LUC. Article 4.3(B)(1)(c&d) appear to allow uses other than low density single family. What uses do (c) and (d) allow? Maybe you or Ken Waido can tell me why Cove Island townhouses don't qualify for RL designation and the Jamestown townhouse group on the other side of the Warren Shores subdivision does qualify. Zoning us (Cove Island) as LMN to "be clustered around and integral with a Medium Density Mixed -Use Neighborhood" to the north of Horsetooth Road is inappropriate. Where is the neighborhood center without crossing an arterial street as specified in 4.4(D)(3)(a)? It appears to me that under the new LUC only new development is to be zoned LMN, with existing predominately single family neighborhoods going into the RL designation. What was the motivation for splitting off Cove Island and zoning it MMN in 1997? 1 can only assume that it was to make a developable infill site (the present Bella Vista project site) easier to get through the development process. I look forward to your response. Tom Do you Yahoo!? Faith Hill - Exclusive Performances, Videos & More http://faith.yahoo.com CC: Cameron Gloss; Ken Waido Steve Olt - Re Zoning of Cove Island T ihouses Paiiill From: Steve Olt To: "paulkitze@yahoo.com".GWIA.FC1 Date: 10/17/02 4:01 PM Subject: Re: Zoning of Cove Island Townhouses Tom, I am responding to your questions because Cameron is on vacation this week. He asked me to draft a response this week in his absence. First, to provide some background, Cove Island (Spindrift Court) was approved as a part of the Landings Planned Unit Development (PUD), First Filing. PUD's approved under prior City Code could include multiple land uses and multiple residential densities, such as the single-family detached and single-family attached dwelling units in the Landings PUD. Prior zoning on the Landings PUD, First Filing was RP - Planned Residential, which was "for areas planned as a unit to provide variation in use and building placement". Now, with regards to Division 4.3 RL - Low Density Residential Zoning District of the Land Use Code (LUC), the purpose of the RL District is that it is intended for predominately single-family residential areas as they existed at the time adoption of the LUC in 1997. Sections 4.3(13)(1)(c) & (d) do permit land uses that were approved under prior City Code and physically existed on a property as of March 27, 1997. Cove Island certainly fits into this category. Cove Island is an existing cluster of single-family attached dwelling units (3 and 4 per building) on lots that do not meet the Dimensional Standards in the current RL - Low Density Residential Zoning District in the LUC; therefore, Cove Island would be considered an "Existing Limited Permitted Use" in the RL District, as set forth in Division 1.6 of the LUC. City staff recognizes the fact that several properties may have been rezoned into inappropriate districts with the adoption of the LUC in 1997. Although staffs opinion is that Cove Island is an existing development that consists of a permitted residential use (single-family attached dwellings) in the LMN - Low Density Mixed -Use Neighborhood District we have no objection to Cove Island being rezoned and included in the RL - Low Density Residential District. However, you must understand that if rezoned into the RL District, Cove Island will be subject to restrictions and requirements set forth in Section 1.6.3 - Change of Use, Section 1.6.4 -Reconstruction, and Section 1.6.5 - Enlargement of Building and Expansion of Facilities, Equipment or Structures of the LUC. Lastly, the suggestion that the City, in 1997, rezoned the Cove Island property into the MMN - Medium Density Mixed -Use Neighborhood District to make a developable infill site (the present Bella Vista project site) easier to ge eroug!1Ahe development process holds no validity or merit. As City staff looked at existing zoning a x1'sfing conditions (developed properties), Cove Island was identified as a single-family attached dwelling residential development with a density of 8 dwelling units per acre. The properties to the north of East Horsetooth Road and just east of S nford Road contain multi -family residential developments. These properties were to be rezonecr i ot 1pe MMN District. Staffs evaluation at that time was to continue that zoning designation onto the Cove nd development because the existing land use seemed to warrant that designation and it was considered not to be appropriate to create a very small pocket of LMN zoning in that location. Also, whether the Cove Island property is zoned RL, LMN, or MMN, the Bella Vista development proposal is subject to (and must satisfy) all the applicable requirements, standards, and regulations set forth in Article 3 - General Development Standards and Division 4.4 - Medium Density Mixed -Use Neighborhood of the LUC,, As previously stated, City staff will support a rezoning request to City Council for next Spring's (2003) semi-annual rezonings. The new zoning designation could be either RL - Low Density Residential or LMN - Low Density Mixed -Use Neighborhood, whichever zoning district you and the other property owners in Cove Island prefer. Please let me know if I can be of further assistance regarding the Bella Vista project or the potential rezoning of Cove Island.