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HomeMy WebLinkAboutEMERSON ACRES REZONING - 22-88A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSw ITE�N No 14 PLANNING AND ZONING BOARD MEETING OF January 1. 19f39 STAFF REPORT PROJECT: Emerson Acres Rezoning, #22-88A APPLICANT: City of Fort Collins P.O. Box 580 Fort Collins, CO. 80522 OWNER: Robert and Karen Dickinson 8029 South County Road #9 Fort Collins, CO. 80525 PROJECT PLANNER: Ted Shepard PROJECT DESCRIPTION: This is a request to rezone in order to remove a zon- ing condition requiring all development to proceed as a planned unit development on 34.25 acres of the Emerson Acres Subdivision. The property will remain in the R-L-P Low Density Planned Residential Zoning District. The subdivision is platted into five lots and is located at the northeast corner of South Lemay Avenue and County Road #32 (Windsor Road). RECOMMENDATION: Approval EXECUTIVE SUMMARY: The is a request to rezone the Emerson Acres subdivi- sion to remove a zoning condition requiring all development to be processed as a planned unit development. The change would allow single family development to occur as a "use -by -right" under the restrictions of R-L-P zoning. It is Staff's contention that the criteria of the R-L-P zone is sufficient protection of the public interest in guiding development. The additional P.U.D. review of all development is not warranted. Development not allowed as a "use -by -right" must still be proposed as a P.U.D. and reviewed against the criteria of the Land Development Guidance System. OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P O. Box 580 • Fort Collins. Colorado 30522 • �w' == SERVICES. PLANNING DEPARTMENT Emerson Acres Rezoning 22-88A P & Z Meeting - January 23, 1989 Page 2 COMMENTS 1. Background: The surrounding zoning and land uses are as follows: N: r-1-p; single family residential and vacant S: FA-1; (Larimer County Farming District) vacant E: FA-1; (Larimer County Farming District) single family residential W: r-1-p; vacant (Centertech at Provincetowne P.U.D.) The Emerson Acres parcel was annexed into the City in 1984 and zoned r-1-p with the condition that development occur as a planned unit development in accordance with the Ordinances of the City of Fort Collins. The annexation and zoning occurred in an era when large areas were being annexed into the City and the L.D.G.S. was still a relatively new development review process. The City wanted to encourage the use of the L.D.G.S. and thus placed P.U.D. zoning conditions on annexed properties. The P.U.D. condition requires all development proposals to be processed according to the criteria of the L.D.G.S. including detached, single family subdivisions. Experience has shown that L.D.G.S. review of single family subdivisions is not necessary to achieve the goals of the City. On December 1, 1988, the parcel was granted administrative approval for a five lot subdivision known as Emerson Acres. This subdivision plat was reviewed and approved under the Minor Subdivision regulation. 2. Uses Allowed "By Right" in the R-L-P Zone District By removing the P.U.D. condition for all development, there would be certain uses allowed "by right" under the Zoning Regulations. These uses are as follows: A. Single family dwellings. B. Public and private schools for elementary and high school education. C. Public and nonprofit quasi- public recreational uses as a principal use. D. Essential public utility and public service installations and facilities for the protection and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included. E. Churches. F. Group homes, subject to approval by special review. G. Accessory buildings and uses. Emerson Acres Rezoning 22-88A P & Z Meeting - January 23, 1989 Page 3 H. Any land use located on a Planned Unit Development as defined, pro- cessed and approved according to Section 29-526 of the Zoning Code. RECOMMENDATION: For Emerson Acres, Staff finds that the R-L-P zone district contains sufficient protection of the public interest to regulate future development. Staff, therefore, recommends approval of the request to rezone the 34.25 acres of the Emerson Acres Subdivision from r-l-p (with P.U.D. condition) to R-L-P (without the P.U.D. condition). No Text =a a CITY OF FORT COLLINS Petitioner: Name City of Fort Collins Department of Planning Owners: Name Robert and Karen Dickinson REZONING PETITION Address P.O. Box 580 Fort Collins, CO 80522 Address 8029 South County Road #9 Fort Collins, CO 80525 To the City Council of the City of Fort Collins, Colorado. I (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 34.25 acres, more or less, from into the r-1-v zoning district to R-L-P zoning district: (Legal Description) Emerson Acres Subdivision Being That Portion of the "Emerson Acres Annexation" to Fort Collins, Colorado Located in the Southwest Quarter of Section 18, Township 6 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. 9 • Reason for Request: (Please attach additional sheets if more space is needed.) See Attached Please attache listing of names and addresses 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. Respectfully submitted, State of Colorado) ) ss. County of Larimer) The forgoing instrument was acknowledged before me this day of , 19 BY: purpose therein set forth. My Commission expires: Notary Public Note: Filing of a petition to rezone requires a deposit of with the City Clerk to defray the cost of the amendment. Please return to the Planning Department - City of Fort Collins. for the