The URL can be used to link to this page

Home My WebLink AboutGOOD SAMARITAN VILLAGE - REZONING - 27-96D - REPORTS - REZONING RELATED DOCUMENTNo Text DATE: .., .», TEM NUMBER: PLANNING AND ZONING BOARD RECOMMENDATION: On October 16, 1997, the Planning and Zoning Board held a public hearing and considered the rezoning of this property from LMN to MMN. A memorandum summarizing the Board's recommendation has been sent to the Council under separate cover and placed in the "Read Before Meeting" file.. STAFF RECOMMENDATION: Staff recommends approval of a rezoning to the MMN Zoning District. Staff also recommends approval of an amendment to the City Structure Plan map changing the property from a low -density mixed -use residential neighborhood designation and depicting the property as a medium -density mixed -use residential neighborhood. - DATE: 3 TEM NUMBER: 40 A - and zoning was completed with the full expectation of both the property owner and staff that future development of this site as contemplated would be appropriate under City regulations. Rezonina: The placement of the MMN Zone on the property would recognize the current use and nature of the subject property. The Good Samaritan Village facility is a multi -story apartment complex and is currently a legal non -conforming use. While the City Structure Plan map is the basis for most of the zoning districts in the city, (here are several examples where the MMN Zone was placed on properties in recognition of their current use even though the Structure Plan map designated the properties as components of low -density mixed -use neighborhoods. For example, the multi -family uses south and west of Rocky Mountain High School have been placed into the MMN Zone although the area is shown on the Structure Plan as a low -density mixed -use neighborhood. Likewise, the Woodlands Apartments at the northeast corner of Shields Street and Harmony Road are zoned MMN while the site is depicted as low -density mixed -use neighborhood on the Structure Plan. There are also examples of existing multi -family uses being designated as medium -density mixed -used residential neighborhoods on the Structure Plan and being placed in the MMN Zone mainly because of their existing character. The Parkwood East Apartments being one example, and the location of the Oakbrook Apartments I & Il and the Windmill Apartments being another. Thus, essentially, staff is indicating that the placement of the LMN Zone on the subject property was a mistake which should be corrected to the MMN Zone. A change should also be made to the Structure Plan depicting the property as a medium -density mixed -use residential neighborhood. The change to the Structure Plan would leave no doubt about the MMN zoning's consistency with the City's Comprehensive Plan. NEIGHBORHOOD MEETING: Neighborhood meetings have not been conducted in conjunction with the proposal to amend the zoning from LMN to MMN. However, neighborhood meetings have been held allowing adjacent property owners and residents to continent on the specific Project Development Plans (PDPs) for the property. In the future, additional neighborhood meetings will be held for future PDPs. In addition, letters were mailed to affected property owners informing them of the Council's consideration of the rezoning request. FINDINGS OF FACT/CONCLUSION: The subject property was placed into the LMN Zone by mistake. If the owners had been aware of the implication of the LMN Zone on their development proposal, they would have objected and the property would have been placed on the rezoning issue area list. 2. The MMN Zone recognizes the existing multi -family complex and the multi -family nature of the property and would require an amendment to the City Structure Plan map in order to be consistent with the Cityy's Comprehensive Plan. Designating the property as a medium - density mixed -use residential neighborhood is an appropriate change to be made to the City Structure Plan map. - DATE 'EM NUMBER: BACKGROUND: On February 19, 1997, the City Council began the final steps to complete a two-year long process to update the City's Comprehensive Plan with the passage of Resolution 97-25, adopting the Connmmily Vision and Coals 2015 document, the City Structure Plan map, and the Cily Plan Principles and Policies document as the three major elements of the new City Plan. On March 18, 1997, the process continued as the Council adopted Resolution 97-44, amending the City Slruclure Plan map, and the passage of Ordinance No. 51, 1997, and Ordinance No. 52, 1997, codifying a new Land Use Code and a new Zoning Map respectively. The City Structure Plan map was initially adopted in July 1996. In the period between July 1996, and March 1997, the new Zoning Map was developed. The development of the Zoning Map caused a reevaluation of the Structure Plan map and resulted in over 40 changes, which, as indicated, were approved by the Council in March. In addition, at the time of the adoption of Ordinances No. 51 and 52, 1997, approximately 27 rezoning issue areas had been identified where either the property owner and/or the adjacent property owners and residents did not agree with staff s recommendation for the zoning of an area or a piece of properly. Rather than delay the adoption of the new Land Use Code until all issues could be resolved, the issue areas were guaranteed a rezoning process to be completed after adoption of the ordinances. The process would look again at the City Structure Plan and potential zoning designation. While this property was not identified as one of the March 1997 issue areas it is staffs opinion that it should be treated as one and, thus, should be considered a continuation of rezoning process of March 1997, establishing zoning for City Plan. In the latter part of 1996, the property owner started meeting with City staff and initiated the planning process to construct additional facilities and multi -family housing units on the subject property. Given initial positive comments and support from staff regarding their proposal, the property owner never expected the City Plan rezoning of the property to change the zoning in a manner which would not allow a portion of their proposed project to proceed. The property owner, thus, did not comment on nor object to the proposed LMN Zone for their property prior to its placement in that zone; if they had, it would have been added to the rezoning issue areas list. It was not until after March 1997, when Project Development Plan (PDP) submittals were being prepared that the zoning issues surfaced. Staff conducted several meetings with the property owner exploring all possible avenues to allow the project to proceed. Rezoning the property to MMN is, in staff s opinion, the best option to pursue. The surrounding zoning and land uses are as follows: N: R, Residential (County), Skyview Subdivision S: R-L, Low Density Residential, Ridgewood Hills PUD E: R, Residential (County), Skyview Subdivision W: FA-1, Farming (County), large lot residential development This property was annexed into the City as part of the Good Samaritan Village Annexation in July 1996, and was placed into the R-L-P, Low Density Planned Residential, Zoning District, with a PUD condition. The R-L-P Zone was for areas planned as a unit to provide variation in use, density, and building placement. The PUD condition required all development proposals to be submitted and reviewed against the criteria of the Land Development Guidance System (LDGS). The annexation AGENDA ITE1IPSUMMARY 'o,cl�l':JMBER: 40A-B DATE: October 21, 1997 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT: Items Related to the Good Samaritan Village Property Amendment to the City Structure Plan Map and the Good Samaritan Village Rezoning. RECOMMENDATION: Staff recommends adoption of the Resolution and of the Ordinance on First Reading. EXECUTIVE SUMMARY: A. Resolution 97-147 Amending the City Structure Plan Map Changing the Designation of the Good Samaritan Village Property from a Low -Density Mixed -Use Residential Neighborhood to a Medium -Density Mixed -Use Residential Neighborhood. B. First Reading of Ordinance No. 169, 1997, Rezoning Approximately 15.2 acres from the LMN, Low -Density Mixed -Use Neighborhood, Zone, to the MMN, Medium -Density Mixed - Use Neighborhood, Zone, Known as the Good Samaritan Village Rezoning. On March 18, 1997, the City Council passed Ordinance No. 51, 1997, adopting a new Land Use Code, and Ordinance No. 52, 1997, adopting a new Zoning Map, which were designed to help implement the land use policies of City Plan, the update to the City's Comprehensive Plan. At the time of the adoption of the ordinances, approximately 27 rezoning issue areas had been identified where either the property owner and/or the adjacent property owners and residents did not agree with staff s recommendation for the zoning of an area or piece of property. Rather than delay the adoption of the new Land Use Code until all issues could be resolved, the issue areas were guaranteed a free rezoning process to be completed after adoption of the ordinances. The process would look again at the City Structure Plan map and potential zoning designation. While this property was not identified, as one of the March 1997 issue areas, it is staffs opinion it should be treated as one and, thus, should be considered a continuation of rezoning process of March 1997, establishing zoning for City Plan. This Good Samaritan Village Rezoning is a request to rezone approximately 15.2 acres located north of Trilby Road and west of Constellation Drive from the LMN, Low -Density Mixed -Use Neighborhood, Zone, to the MMN, Medium -Density Mixed -Use Neighborhood, Zone. APPLICANT: Good Samaritan Village OWNER: Same 508 West Trilby Road Fort Collins, CO 80526