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Home My WebLink AboutEMERSON ACRES REZONING - 22-88A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY ITEM NUMBER: 18 DATE: March 21, 1989 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT: Hearing and First Reading of Ordinance No. 37 , Rezoning 34.25 Acres of the Emerson Acres Subdivision From R-L-P, Low Density Planned Residential (With PUD Condition) to R-L-P (Without PUD Condition). RECOMMENDATION: Staff recommends approval of the Ordinance. The Planning and Zoning Board voted unanimously to recommend approval at its regular meeting on January 23, 1989. EXECUTIVE SUMMARY: This is a request to rezone the Emerson Acres subdivision (34.25 acres) 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. Staff contends that the criteria of the R-L-P zone is sufficient protection of the public interest in guiding development. The additional PUD review of all development is not warranted. Development not allowed as a "use -by -right" must still be processed as a PUD and reviewed against the criteria of the Land Development Guidance System. The Emerson Acres parcel was annexed into the City in 1984 and zoned R-L-F with the condition that development occur as a planned unit development in accordance with the Ordinances of the City of Fort Collins. The parcel is located at the northeast corner of South Lemay Avenue and County Road #32 (Windsor Road). The annexation and zoning occurred when large areas were being annexed into the City and the LDGS was still a relatively new development review process. The City wanted to encourage the use of the LDGS and thus placed PUD zoning conditions on annexed properties. The PUD condition requires all development proposals to be processed according to the criteria of the LDGS including detached, single family subdivisions. Experience has shown that LDGS review of single family subdivisions is not necessary to achieve the goals of the City. The Emerson Acres Subdivision consists of five lots and is designed for large, single family homes. The smallest lot is 3.74 acres. 0 ORDINANCE NO.37, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS, BY CHANGING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY KNOWN AS THE EMERSON ACRES SUBDIVISION REZONING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning District Map adopted by Chapter 29 of the Code of the City of Fort Collins be, and the same hereby is, amended by changing the zoning classification from R-L-P Low Density Planned Residential District, with a planned unit development condition, to R-L-P Low Density Planned Residential District, without a planned unit development condition, for the following described property in the City known as the Emerson Acres Subdivision Rezoning: Emerson Acres Subdivision, being that portion of "Emerson Acres Annexation" to Fort Collins, Colorado, situate in the SW 1/4 of Section 18, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado. Section 2. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 21st day of March, A.D. 1989, and to be presented for final passage on the 4th day of April, A.D. 1989. Mayor ATTEST: ity Cler Passed and adopted on final reading this 4th day of April, A.D. 1989. ATTEST: ity Cler L_ A Mayor :i n 0 u • • January 31, 1989 Ted Shepard, City Planner P.O. Box 580 Fort Collins, CO 30522-0580 Dear Mr. Shepard: Robert Dickinson 8029 South County Road 9 Fort Collins, CO 80525 We understand the Planning Department of the City of Fort Collins is willing to change the zoning of Emerson Acres from r-1-p, Low Density Planned Residential, to R-L-P. This will allow a lot owner to construct a single-family home under conditions outlined in your letter of December 13, 1988. You advise that no fee will be required for this change of zoning. In view of the information presented in your letter, we request a zoning change from r-1-p to R-L-P, provided there are no changes from the conditions given in your letter of December 13, 1988. Thank you for your consideration and assistance in effecting this change. Sincerely, Ro ert Dickinson` Karen Dickinson I ? - 93J • s rE\1 - 14 PLANNING AND ZONING BOARD MEETING OF .TanjiaQ� 21, 1989 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. Cr=;CE OF DEVELOPMENT 300 LaPorte Ave ° 0 Box 580 • Fort Collins, Colorado 80522 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-l-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-I-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 "Bv 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). Vm