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).
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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