HomeMy WebLinkAboutNOVOVESKY GARDEN SHOP - REZONING - 13-95 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS1. Number 60; "Industrial uses should locate near transportation facilities with
their requisite access to the industry and will not be allowed to create demands which
exceed the capacity of the existing and future transportation network for the City."
2. Number 61, "Industrial development should locate within the City of Fort
Collins consistent with the interfacing plan for the urban growth area where proper sizing
of the facility, such as water, sewer and transportation has occurred or is planned.
3. Neighborhood capatibility. As noted earlier, all the property north and south
and west of the subject site is currently zoned IP. The site as rezoned will be in an
appropriate area for industrial park use.
A condition of the rezoning approval will be that the property is to be developed
as a planned unit developmentunder the Land Development Guidance System. The latter
provision will allow the Petitioners, City Staff and the Planning and Zoning Board to
make appropriate provisions for the development and utilization of the site.
Very truly yours,
OSBORN & BLOOM, P.C.
DLO/jtl
Enclosures
cc: Michael and Florence Novovesky
OSBORN & BLOOM
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
217 WEST OLIVE -
DAVID L. OSBORN _ P.O. BOX 2003 PHONE (303) 484.2928
CHARLES S. BLOOM FORT COLLINS, COLORADO 80522 FACSIMILE (303) 484.2620
February 27, 1995
Written Justification for the Rezoning of the Novovesky Garden Shop/4215 Timberline
Drive, Fort Collins CO 80525
This letter is provided pursuant to Section 429-43 and 44 of the City Code of the
City of Fort Collins (the "City").
Novovesky's property consists of approximately three (3) acres located at 4215
Timberline Road, Fort Collins, Colorado. The property is currently zoned R-E. The
applicants desire to rezone the property to I-P and to utilize the rezoned property, as a
retail garden shop. The garden shop will have 4,000 square foot retail garden shop
building together with a 4,000 square foot greenhouse, which structure will be using a
combination with existing single family residence currently occupied by the Novoveskys,
on the property.
The property is currently served by access off Timberline Road and it is
anticipated that the property will continue to gain its access off Timberline Road after
rezoning.
The property, as more particularly shown on attached Exhibit 2, is totally
surrounded by other property located within the City which is zoned I-P. In light of the
foregoing, it is clear that the proposed rezoning to I-P, is compatible with the existing and
planned uses in the surrounding areas in terms of use and intensity of use and will not
have an adverse impact on the surrounding neighborhood uses.
The proposed use, after rezoning, will not have any adverse impact upon any of the
public facilities in the area.
The property will continue to be served by Timberline and the proposed rezoned
use will not have an adverse impact on Timberline's ability to continue to serve the area.
The proposed rezoning is supported by the following land use policies as contained in the
land use policies plan.
TRANSAMERICA TITLE INSURANCE COMPANY
Policy No.: 6424383
LEGAL DESCRIPTION
A tract of land situate in the Southeast 1/4 of Section 31, Township 7
North, Range 68 West of the 6th P.M., which considering the East line of
said Southeast 1/4 as bearing North 00 degrees 08 minutes 50 seconds East
and with all bearings contained herein relative thereto is contained
within the boundary lines which begin at the East 1/4 corner of said
Section 31 and run thence North 89 degrees 51 minutes 30 seconds West
1060..60 feet along the North line of said Southeast 1/4 to a point on the
Easterly right of way line of the Union Pacific Railroad;
thence along said right of way line South 00 degrees 08 minutes East 34.00
feet;
thence South 56 degrees 53 minutes East 1264.17 feet along the centerline
of. an existing irrigation ditch to a point on the East line of said
Southeastl/4;
thence North 00 degrees 08 minutes 50 seconds East 722.00 feet to the
Point of Beginning.
EXCEPT:
That portion of subject property as conveyed in Warranty Deed from Donald
K. Chadwick and Leota J. Chadwick to J. Thomas Chandler recorded October
10, 1976 in Book 1725 at Page 867.
County of Larimer, State of Colorado
Page
SIN
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was ackni
1995, by Michael Novovesky. and Florence
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Notar3l Public
My commission expires: 5-2 ` 9-72—
Respectfully submitted,
MICHAEL NOVOVESKY
ALORENCENOVOVESKY
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CITY OF FORT COLLINS
REZONING PETITION
Petitioner:
Name
Michael P. Novovesky
Florence A. Novovesky
Owner:
Michael P. Novovesky
Florence A. Novovesky
To the City of Fort Collins, Colorado.
Address
4125 Timberline Road
Fort Collins CO 80525
4125 Timberline Road
Fort Collins CO 80525
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 three (3) acres, more or less, from R-E zoning district to I-P zoning district:
Legal Description:
See Exhibit 1 attached hereto and incorporated by reference herein.
Such parcel is hereinafter referred to as the "Property".
Reason for Request:
The Property's present R-E zoning does not allow the proposed use of a garden shop. The
Property is a small slice of R-E zoned land, an island if you will, on an otherwise substantial I-P
zone (see Exhibit 2). The requested rezoning is consistent with the City's Comprehensive Plan
and with the present and future uses of surrounding property. There are adequate transportation,
recreational, educational, utility and other facilities to accommodate the proposed or allocated
uses in the I-P zone.
A condition to be placed on the Property, when rezoned, is that the Property be developed as a
P.U.D. pursuant to the Land Development Guidance System.
Attached hereto area listing of names and address of all persons owning land (as per Larimer
County Assessor's Office on date of request) within 500 feet of any portion of the area under
petition for rezoning.
VICINITY MAP 03/02/95
13-95 NOVOVESKY GARDEN SHOP
Rezoning
Novovesky Garden Shop Rezoning, #13-95
April 24, 1995 P & Z Meeting
Page 3
Timberline Road is classified as a major arterial street and
Caribou is classified as a collector street. Sufficient
transportation capacity is available.
1161. Industrial development should locate within the City or
consistent with the phasing plan for the urban growth
area, where proper sizing of facilities such as water,
sewer and transportation has occurred or is planned."
The parcel is already located within city limits and can be served
by existing water, sewer, and other urban -level utility services.
3. Neighborhood Compatibility:
No neighborhood meeting was held in consideration of this rezoning.
The proposed zone, I-P, is consistent with the surrounding
property. The parcel is separated from the nearest residential
area, Sunstone Village, by Timberline Road, a major arterial
street. The I-P zone has no immediate impact on the neighborhood.
FINDINGS OF FACT/CONCLUSIONS:
A. The rezoning from R-E, Residential Estate, to I-P, Industrial
Park is supported by the Land Use Policies Plan, an element of
the City's Comprehensive Plan.
B. The parcel is surrounded by land presently zoned I-P. The
rezoning, therefore, is logical and consistent with the
surrounding area.
C. There has been substantial industrial and business development
in the surrounding area since 1986 and time and experience
demonstrate that the existing zoning of R-E, Residential
Estate is in need of a change.
D. There is no impact on the surrounding properties or the
nearest residential neighborhood, Sunstone Village, by the
rezoning action.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward to City
Council a recommendation of approval on the Novovesky Rezoning,
#13-95.
Novovesky Garden Shop Rezoning, #13-95
April 24, 1995 P & Z Meeting
Page 2
COMMENTS:
1. Background•
This property was originally annexed into the City and zoned R-E,
Residential Estate on June 3, 1986. At that time, the property had
been surrounded by city limits for three years making the property
an enclave subject to involuntary annexation. Although the
annexation was considered involuntary, negotiations with the
property owner, Donald Chadwick, resulted in the property being
zoned R-E, Residential Estate. Mr. Chadwick wanted to continue the
large -lot residential use without being considered non -conforming
as would be the case if a more intensive zone were enacted.
In 1986, staff had originally wanted to place this property in the
I-P, Industrial Park Zone District. In the staff report to the
Planning and Zoning Board and in the Agenda Item Summaries to City
Council, Staff cautioned that redevelopment of the property would
require a rezoning of the property since P.U.D.'s are not allowed
in the R-E, Residential Estate Zone District. Mr. Chadwick has now
sold the property to Mr. and Mrs. Novovesky who have redevelopment
plans that include a garden shop with retail sales. Such
redevelopment is not allowed in the R-E Zone.
2. Zoning:
The proposed zone is I-P, Industrial Park, with the P.U.D.
condition. The property is totally surrounded by properties that
are presently zoned I-P, Industrial Park. These properties are
known as Horsetooth East Business Park and Collindale Business Park
which begin at Horsetooth Road and run south for 4,000 feet, a
distance of .75 mile. This area is developing as a mix of
industrial and business uses. The Novovesky parcel would be a
logical and consistent addition to this zone district.
The primary criteria for evaluating a rezoning request is its
compliance with the officially adopted Land Use Policies Plan and
Goals and objectives documents as well as other appropriate
elements of the Comprehensive Plan, including any officially
adopted neighborhood or area -wide plans. The request satisfies the
following land use policies:
1160. Industrial uses should locate near transportation
facilities that offer the required access to the industry
but will not be allowed to create demands which exceed
the capacity of the existing and future transportation
network of the City."
ITEM NO. 10
MEETING DATE 4/24/95
STAFF Ted Shepard
PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Novovesky Garden Shop Rezoning, #13-95
APPLICANT: Michael P. and Florence A. Novovesky
4125 Timberline Road
Fort Collins, CO 80525
OWNER: Same
PROJECT DESCRIPTION:
Request to amend the zoning map by changing the zoning on the
subject parcel from R-E, Residential Estate, to I-P, Industrial
Park, with P.U.D. condition. The property is three acres in size
and located on the west side Timberline Road, south of Caribou
Drive.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
The property was annexed and zoned R-E, Residential Estate, in
1986. The property is totally surrounded by land zoned I-P,
Industrial Park, which makes the requested zone compatible with the
immediate area. The rezoning is supported by the Land Use Policies
Plan. The nearest residential area is Sunstone Village separated
from the Novovesky parcel by Timberline Road, a major arterial
street. Time and conditions have sufficiently changed in the
general vicinity since 1986 rendering the existing zoning obsolete.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750
PLANNING DEPARTMENT